Subject as hereinafter set out, the Vendor undertakes to remedy any defect resulting from faulty design materials or workmanship.
This liability is limited to defects which appear during the period, (hereinafter called “the Guarantee Period”).
The Guarantee Period shall start from the date on which the Purchaser receives notification in writing from the Vendor that the machine is ready for dispatch from the works. If dispatch is delayed, the Guarantee Period shall be extended by a period equivalent to the amount of the delay so as to permit the Purchaser the full benefit of the time given for trying out the Machinery. Provided however that if such delay is due to a cause beyond the control of the Vendor such extension shall not exceed 6 months.
Unless otherwise agreed, the Purchaser shall bear the cost and risk of transport of defective parts and of repaired parts or parts supplied in replacement of such defective parts between the place where the machine is situated and the Vendor’s works if the Contract is “ex-works” or F.O.R.;
Where, in pursuance of paragraph 4 hereon, repairs are required to be effected on site, the conditions covering the attendance of the vendor’s representative on site shall be such as may be specially agreed between the parties.
Defective parts replaced in accordance with this clause shall be placed at the disposal of the Vendor.
Guarantee, if any, given by Vendor does not in any case extend to consequential damages.
Guarantee given, if any, does not cover the costs of service of Vendor’s Engineers and such costs will be paid by Purchaser on demand.