Jabsco warrants that all new equipment sold by it is free from defects in material or workmanship. Its liability under this warranty is limited to making good any part or parts which shall within one year from the date when the equipment was delivered new to the customer be returned to JABSCO and which it is satisfied on its examination to have been defective in material or workmanship. Included in this warranty are the costs of labor incurred by the company in making good such part or parts.
This warranty is given on condition that:
JABSCO is notified in writing within fourteen days after such defects appear and the equipment or defective parts are returned to as soon as reasonably practical or where this is not practical made available for inspection by it.
The equipment has in its judgement been correctly installed and normally used in accordance with the instructions provided for its installation operation and maintenance.
Unless performance figures and performance tolerances have been stipulated by the purchaser and agreed by the company at the time of ordering the equipment JABSCO shall be under no liability in the absence of any defect in material or workmanship for failure to obtain any particular performance.
If the equipment has in JABSCO’s judgement been altered, taken apart, repaired, tampered with, neglected, damaged or used in any way so as adversely to affect its performance or condition JABSCO will not be liable for any fault arising from its use.
JABSCO will not be liable for faults arising from the use of any spare or replacement parts not authorized or recommended by the company.
Any equipment or defective part replaced by JABSCO shall become its property.
The decision whether to repair or replace a defective part under warranty claim shall be at its discretion.
Excluded from this warranty are any parts which need replacement due to normal wear and tear.
Carriage to JABSCO’s works of any equipment or parts returned to it under a warranty claim shall be the responsibility of and at the expense of the claimant.
JABSCO accepts no responsibility for loss or damage howsoever occasioned to customers’ goods whilst such goods are in transit to or from itself or in the possession of or in transit to or from its agents.
JABSCO gives no warranty in respect of equipment supplied by the company except the foregoing warranty and without prejudice to the generality of the foregoing JABSCO will be under no liability whether in contract or otherwise in respect of any defects in the goods or from any injury loss or damage resulting from such defects or from any work done in connection therewith and JABSCO will not in any circumstances be liable for any consequential loss or damage suffered including any loss of use loss of contract or loss of profits. Its liability shall in no case exceed the value of goods in relation to which the claim is made
The purchaser acknowledges that the equipment is sold to him in consideration of payment of the price and of the undertaking of the part of the purchaser to observe all prudent trade practices in relation to installation and user so that the equipment is not used when it is in an unsafe condition for whatsoever reason ensure in so far as the equipment is incorporated into other equipment that such other equipment is in good working order and that such incorporation is in accordance with what the manufacturer would require
a)ensure that users of the equipment are adequately informed of their duties in relation to use of the equipment
b)observe the Health and Safety at Work legislation as amended from time to time in relation to the equipment supplied so that JABSCO will not be liable in any respect as a result of the purchaser’s failure to observe the conditions a) to d) set out above
The foregoing warranty is given without prejudice to purchasers’ statutory rights.