Warranty and liability

 

1.1    Subject to the conditions set out below, Rationel warrants that the goods supplied pursuant to Rationel’s contract with its Customer (“Goods”) will comply in all material respects with the contract specification and shall be free from defects in materials and workmanship for a period of five years including defects arising from decay & fungal / insect attack and in regard to double glazed units from the date of delivery of the Goods to the Customer or the date that risk in the Goods passes to the Customer, which ever is the earlier.  In the event of any breach of this warranty then Rationel shall at its option as soon as reasonably practicable take such steps as may be reasonably necessary to render the Goods in accordance with this warranty or shall refund the whole of, or a proportionate part of, such sums as the Customer has paid to Rationel in respect of the Goods. Rationel shall be under no liability under the above warranty:

        

1.1.1 in respect of the longevity of painting or staining applied to the Goods at the time of manufacture as weather exposure rates cannot be pre-ascertained; and

1.1.2  in respect of any defect in the Goods arising from any non-standard feature requested by the Customer including but not limited to Goods delivered unglazed and Goods delivered without Rationel’s standard locking system fitted; and.

1.1.3  in respect of any defect in the Goods arising from fair wear and tear, accidental or wilful damage negligence, failure to follow Rationel’s instructions (whether written or oral), or misuse or alteration of the Goods without Rationel’s prior approval.

 

1.2    Rationel will not accept any responsibility whatsoever for loss or damage to the Goods while in transit if carried by a carrier nominated or requested by the Customer or by a carrier who is the servant or agent of the Customer.  Subject to the foregoing, Rationel will at it’s sole option repair or replace free of charge any part of the Goods lost or damaged in transit provided that Rationel and Rationel’s carrier are given notice of any such damage or loss within the time required by Rationel’s carrier’s conditions of carriage and provided that any damaged Goods are returned carriage paid by the Customer to Rationel’s premises.

 

1.3    Rationel does not exclude or limit its liability in negligence for death or personal injury, or for fraud or wilful default, or otherwise insofar as any exclusion or limitation of its liability is void, prohibited or unenforceable by law.

 

1.4    Subject to clauses 1.1, 1.2 and 1.3, all representations, warranties and conditions implied by trade custom, course of dealing, statute, common law or otherwise are excluded to the fullest extent permitted by law.

 

1.5    Subject to clause 1.3, in no circumstances shall Rationel be liable to the Customer, in contact, tort, negligence or otherwise, for any incidental or consequential loss including, without limitation, any loss of, profit, business, revenue, goodwill or anticipated savings or for any special, exemplary or consequential damages or other financial loss whatsoever arising out of or in connection with the contract or the supply of the Goods or their use or resale (if applicable) by the Customer. 

 

1.6    In the event that notwithstanding the provisions of these Conditions Rationel is found liable for any loss suffered by the Customer arising in any way out of or in connection with the Contract or the supply of any Goods, that liability shall in no event exceed the price paid for such Goods.

 

1.7    Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by the conditions of this warranty.

 

1.8    Goods purchased and / or fitted without Rationel’s standard ironmongery and / or Goods which have ironmongery removed, adapted or replaced with non-standard ironmongery are excluded from this warranty.

 

1.9    In the event of any dispute or difference arising out of or in connection with this warranty, the same shall be subject to English law and the English Courts.   It is confirmed that there is no intention to confer on any third party other than the Customer any benefit or the right to enforce any term of this warranty pursuant to the Contracts (Rights of Third Parties) Act 1999.

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