PLEASE NOTE THIS PRODUCT
WARRANTY ONLY APPLIES TO CUSTOMERS TO WHOM SALUS CONTROLS PLC DIRECTLY SUPPLY
PRODUCTS.
If you did buy your product
directly from Screwfix you must contact them for the 1st year
warranty, then you can contact Salus in relation to any defects with your
product for the next 4 years.
Definitions:
“Conditions” – Means
the terms and conditions of business of SALUS for the sale and purchase of the
Goods as amended from time to time.
“Warranty” – Means the warranty set out in
these clauses, which is given in addition to and subject to the Conditions.
“Customer” – Means the person, company, firm
or supplier who purchases the Goods from SALUS during the course of its
business.
“Goods” – Means the goods (or any part of
them) included within the table below which have been supplied to the Customer
by SALUS to which this Warranty relates.
“SALUS” – Means SALUS Controls PLC
(registered in England and Wales with company number 05057362) whose registered
office address is at Units 8-10
Northfield Business Park, Forge Way, Parkgate,
Rotherham S60 1SD.
“Warranty Period” – Means the warranty
period set out in the table below for each of the Goods, which begins to run
from the date of delivery.
1. Product Warranty
1.1 SALUS warrants that on
delivery, and for the Warranty Period from the date of delivery, the Goods
shall:
1.1.1 Conform in all material respects with their
description; and
1.1.2 Be free from material defects in design,
material and workmanship;
1.1.3 Be of satisfactory quality (within the meaning
of the Sale of Goods Act 1979); and
1.1.4 Be fit for any purpose held out by SALUS.
1.2 Subject to clause 1.3, if:
1.2.1 The Customer gives notice in writing to SALUS
during the Warranty Period and within a reasonable time of discovery that some
or all of the Goods do not comply with the warranty set out in clause 1.1;
1.2.2 SALUS is given a reasonable opportunity of
examining such Goods; and
1.2.3 The Customer (when asked to do so by SALUS)
returns such Goods and proof of purchase, at the Customer’s cost, to SALUS at
the following address:
SALUS Controls PLC,
Units 8-10
Northfield Business Park
Forge Way
Parkgate
Rotherham
S60 1SD
SALUS shall, at its option,
repair or replace the defective Goods.
1.3 SALUS shall not be
liable for the Goods’ failure to comply with the warranty set out in clause 1.1
in any of the following events:
1.3.1 The Customer makes any further use of such
Goods after giving notice in accordance with clause 1.2;
1.3.2 The defect arises because the Customer failed
to follow SALUS’ oral or written instructions as to the storage, commissioning,
installation, use and maintenance of the Goods or (if there are none) good
trade practice regarding the same;
1.3.3 The Customer alters or repairs such Goods
without the written consent of SALUS;
1.3.4 The defect arises as a result of fair wear and
tear, wilful damage, negligence, or abnormal storage or working conditions; or
1.3.5 The Goods differ from their description as a
result of changes made to ensure they comply with applicable statutory or
regulatory requirements.
1.4 This Warranty shall apply to any repaired or
replacement Goods supplied by SALUS.
2. Limitation of Warranty
and Liability
2.1 Nothing in this Warranty shall limit or exclude
SALUS’ liability for:
2.1.1 Death or personal injury caused by its
negligence, or the negligence of its employees, agents or subcontractors (as
applicable);
2.1.2 Fraud or fraudulent misrepresentation;
2.1.3 Breach of the terms implied by section 12 of
the Sale of Goods Act 1979;
2.1.4 Defective products under the Consumer
Protection Act 1987; or
2.1.5 Any matter in respect of which it would be
unlawful for SALUS to exclude or restrict liability.
2.2 The terms implied by sections 13 to 15 of the
Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded
from this Warranty.
2.3 Except as provided in this Warranty, SALUS shall
have no liability to the Customer in respect of the Goods’ failure to comply
with the warranty set out in clause 1.1.
2.4 Subject to clause 2.1:
2.4.1 SALUS shall under no circumstances whatsoever
be liable to the Customer, whether in contract, tort (including negligence),
breach of statutory duty, or otherwise, for any loss of profit, or any indirect
or consequential loss arising under or in connection with this Warranty; and
2.4.2 SALUS’ total liability to the Customer in
respect of all other losses arising under or in connection with this Warranty,
whether in contract, tort (including negligence), breach of statutory duty, or
otherwise, shall in no circumstances exceed the price of the Goods to be
replaced under the Warranty.
2.5 Assignment and other
dealings.
2.5.1 SALUS may at any time assign, transfer,
mortgage, charge, subcontract or deal in any other manner with all or any of
its rights or obligations under this Warranty.
2.5.2 The Customer may not at any time assign,
transfer, mortgage, charge, subcontract, declare a trust over or deal in any
other manner with any or all of its rights or obligations under this Warranty.
3. General
3.1 If there is any inconsistency between the
contents of this Warranty and the contents of the Conditions, the terms of this
Warranty shall prevail.