Technical Textiles and Coatings Limited trading as Fire Fabrics Direct (“Fire Fabrics Direct”) hereby warrants (“the Warranty”) to the Purchaser (“Purchaser”) which purchased a product or products (“Goods” which expression includes any part of the Goods) from Fire Fabrics Direct that the Goods will operate in accordance with the specification of the Goods for a period of 12 months (Warranty Period) from the date Fire Fabrics Direct delivered the Goods to the Purchaser.
1. The claim process is as follows:
1.1 The Purchaser shall give written notice to Fire Fabrics Direct within a reasonable time of discovery of any alleged defect in the Goods and in any event within the Warranty Period, that it considers that the Goods do not comply with the Warranty;
1.2 Fire Fabrics Direct shall contact the Purchaser as soon as possible and shall be given a reasonable opportunity of examining the Goods; and
1.3 Fire Fabrics Direct shall, at its option and to the extent that the Goods are found not to comply with the Warranty, repair or replace the defective and/or non-compliant Goods.
2. Fire Fabrics Direct shall not be liable for the Goods’ failure to comply with the Warranty in any of the following events:
2.1 the Purchaser makes or attempts to make any use of the Goods after giving notice in accordance with clause 1 above;
2.2 the Purchaser alters or attempts to repair the Goods without the written consent of Fire Fabrics Direct;
2.3 the defect arises as a result of wilful damage, negligence, or abnormal working conditions;
2.4 The Goods have not been maintained and/or operated strictly in accordance with Fire Fabrics Direct’s requirements.
3. The Warranty does not apply where other services and interfaces affect the operation of the Goods and/or caused the Goods to malfunction.
4. Fire Fabrics Direct does not Warrant that the Goods are fit for any particular purpose or an intended use other than the purpose for which the Goods were designed as explained in the Specification
5. The following exclusions and limitations apply to the Warranty and the rights of the Purchaser under it:-
5.1 Subject as expressly provided in the Warranty, all warranties, representations, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
5.2 In any event:
(a) Fire Fabrics Direct shall under no circumstances whatsoever, be liable to the Purchaser, whether under statute, in contract, tort (including negligence), by breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss of the Purchaser arising under or in connection with defective Goods; and
(b) Fire Fabrics Direct’ total liability to the Purchaser in respect of all other actual or alleged losses arising under or in connection with defective Goods, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods actually paid by the Purchaser at the time of any claim under the Warranty.
6. Such of Fire Fabrics Direct General Terms and Conditions as are applicable to this Warranty shall be deemed to be incorporated into this Warranty where Fire Fabrics Direct and the Purchaser are each a Party and together are the Parties, and this Warranty is the Contract for all the purposes of the General Terms and Conditions.