FarSite Communications Ltd - Product Warranty
FarSite Communications Ltd is hereinafter on this page referred to as FarSite.
1.1 FarSite hereby warrants to the Buyer that:
1.1.1 FarSite shall free of charge repair or, at FarSite's option, replace defective Goods where the defects appear under proper use within the warranty period, provided that:
188.8.131.52 Notice in writing of the defects complained of shall be given to FarSite upon their appearance, and
184.108.40.206 Such defects may be found to FarSite's reasonable satisfaction to have arisen from FarSite's faulty design, workmanship or materials.
220.127.116.11 Any such faulty Goods shall be returned to FarSite's premises at the Buyers expense.
1.1.2 The warranty period is detailed in the documentation supplied as part of the Goods or such other period or periods as may be agreed in writing between FarSite and the Buyer whichever is the first to expire. The warranty period commences from the date of initial delivery of the Goods.
1.1.3 Software is supplied under one or more licence agreements, warranty provided for the software is documented in the software licence agreement/s.
1.1.4 For the avoidance of doubt defects will not be regarded as having arisen solely from FarSite's faulty design, workmanship or materials in any of the following circumstances:
18.104.22.168 Where such defects arise from any drawing, design or specification supplied by the Buyer; or
22.214.171.124 Where such defects arise from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow FarSite's instructions (whether oral or in writing), misuse or alteration or repair of the goods without FarSite's approval; or
126.96.36.199 Where such defects arise in parts material or equipment which have not been manufactured or designed by FarSite but have been purchased at the Buyers request by FarSite from their designer and manufacturer or from some other third party (the third party supplier).
1.1.5 Any repaired or replaced Goods shall be redelivered to the Buyer free or charge to the original point of delivery but otherwise in accordance with and subject to these conditions.
1.1.6 Alternatively to condition 1.1.1, FarSite shall be entitled at its absolute discretion to refund the price of all the defective Goods in the event that such price shall already have been paid by the Buyer to FarSite, or, if such price has not been paid, to relive the Buyer of all obligations to pay the sum by the issue of a credit note in favour of the Buyer in the amount of such price.
1.2 The Guarantee is provided by FarSite free of charge to the Buyer.
1.3 FarSite's liability under this condition shall be to the exclusion of all other liability to the Buyer whether contractual, tortuous or otherwise for defects in the Goods or for any loss or damage to or caused by the Goods, and subject to conditions 1.6 and 1.7 all other conditions, warranties, stipulations or other statements whatsoever concerning the Goods, whether expressed or implied, by statute, at common law or otherwise howsoever, are hereby excluded.
1.4 Subject to conditions 1.6 and 1.7 and not withstanding anything contained in these Conditions (other than the conditions 1.6 and 1.7) or the Contract, in no circumstances shall FarSite be liable, in Contract, torte (including negligence or breach of statutory duty or otherwise howsoever, and whatever the cause thereof,
(1) for any loss of profit, business, contracts, revenue, or anticipated savings; or
(2) for any special indirect or consequential damage or any nature whatsoever.
1.5 Subject to conditions 1.6 and 1.7 and not withstanding anything contained in these conditions (other than conditions 1.6 and 1.7) or the Contract, FarSite's liability to the Buyer in the Contract, torte (including negligence, or breach or statutory duty) or howsoever otherwise arising, shall be limited to the price of the Goods specified in the Contract.
1.6 If and to the extent that section 2(1) of the UK unfair contract terms act 1977 apply to the contract, no provision of the conditions shall operate or be construed to operate so as to exclude or restrict the liability of FarSite:
1.6.1 from breach of the applicable warranties as to the title and quiet possession implied into the terms and conditions of the contract by section 12(3) of the UK sale of goods act 1979, or section 2(3) of the UK supply of Goods and Services act 1982, which ever act applies to the contract.
1.6.2 for death or personal injury caused by reason of the negligence of FarSite or of its servants, employees or agents.
1.7 Where the Goods are sold under a consumer sale (as defined by the UK Sale of Goods act 1979) the statutory rights of the Buyer are not affected by these conditions.
1.8 FarSite shall not be under any liability for any failure to perform any of its obligations under the order due to force majeure. Following notification by FarSite to the Buyer of such cause, FarSite shall be allowed a reasonable extension of time for the performance of its obligations. For the purpose of this condition, force majeure means:
act of God, explosion, flood, tempest, fire or accident;
war or threat of war, sabotage, insurrection, civil disturbance or requisition;
acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
import or export regulations or embargoes;
strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of FarSite or of a third party);
difficulties in obtaining raw materials, labour, fuel, parts or machinery;
shortage of supply or failure to deliver of the suppliers of the Supplier;
power failure or breakdown in machinery.
1.9 The Buyer accepts as reasonable that FarSite's total liability for any Goods which are defective shall be as set out in these Conditions; in fixing that limit the Buyer and FarSite have had regard to the source specification and contract price of the Goods, their nature, the use they will receive, and the resources available to each party including servicing facilities and insurance cover, to meet any liability.
Version 1.06 - Last update: 05-Oct-2011