Product guide

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6.2 - Notwithstanding the passing of risk, the Company retains the legal and equitable title in the Equipment, which shall not pass to the
Customer until the Company has received payment of all sums due to the Company from the Customer under the Contract. Title to software
supplied always remains with the Company.
6.3 - Until title in the Equipment has passed to the Customer the Customer shall hold the Equipment in a fiduciary capacity for the Company.
In particular the Customer shall:
6.3.1 - insure the Equipment against loss or damage with an insurance office of good reputation.
6.3.2 - store the Equipment safely and securely and separately or in some other way ensure that it is readily identifiable as the property of the
Company;
6.3.3 - return the Equipment to the Company forthwith on demand.
6.4 - For so long as the Customer continues to trade and is not insolvent or otherwise within the conditions of Clause 11, the Customer shall
have a license to offer for sale and sell the Equipment in the ordinary course of business as principal for its own account and not as agent for
the Company. The Company may terminate this license at any time by notice in writing to the Customer. The license will terminate
automatically if the Customer falls within Clause 11.
6.5 - The Company or any of its servants, agents or authorised representatives shall be entitled at any time and without prior notice to
enter on any premises where any Equipment is stored, or is believed by the Company to be stored, to retake possession of any Equipment
and to sell or otherwise deal with or dispose of it.
6.6 - The provisions of this Clause 6 shall survive the termination of the Contract for whatever reason.
7 WARRANTIES
7.1- Subject to the conditions set out below the Company warrants that the Equipment will be free from defects in materials and workmanship
for the relevant warranty period. Unless stated otherwise the warranty period begins on delivery to the Customer.
7.2 - The warranty period for the Equipment is one year unless otherwise stated by the Company in writing at the time of supply. Any
extended warranties shall be subject to the terms and conditions set out separately and pertaining to such specific equipment and
warranty period only. All extended warranties apply to the first customer purchase from the Company and are not transferable.
7.3 - If any of the Equipment does not conform to this warranty, the Company will at its option repair or replace the Equipment.
7.4 - The warranty above is conditional upon:
7.4.1 - the Customer giving written notice to the Company of the alleged defect in the Equipment, setting out full particulars of the defect,
within 14 days of the date on which the defect becomes apparent to the Customer;
7.4.2 - the Company and the Company’s insurers being given a reasonable opportunity to investigate the defects including if requested by
the Company an opportunity to inspect the Equipment at the Customer’s premises; and
7.4.3 - if so requested by the Company, the Customer returning the Equipment to the Company carriage paid.
7.5 - The Company shall be under no liability under the above warranty:
7.5.1 - in respect of any defect in the Equipment arising from any drawing, design or specification supplied by the Customer;
7.5.2 - in respect if any defect arising from fair wear and tear, wilful damage, negligence of the Customer, abnormal working conditions, failure
to properly maintain and operate the Equipment in accordance with its specifications, failure to follow the Company’s instructions or industry
standards and practices, misuse or alteration or repair of the Equipment without the Company’s approval or improper storage;
7.5.3 - where the Equipment is transported to the Customer at the Customer’s risk and the defect occurred during transit;
7.5.4 - in respect of parts, materials or Equipment not manufactured by the Company in which case the Customer shall only be entitled to the
benefit of any warranty or guarantee as it is given by the manufacturer to the Company.
7.6 - The Company shall have no liability under this warranty other than under Clause 7.3. If the Company fails to comply with its obligations
under Clause 7.3 its liability for such failure shall be limited to the price of the Equipment.
7.7 - Subject to Clause 8, this express warranty is the Customer’s sole remedy in respect of defects in the Equipment and is in lieu of all
warranties, conditions or other terms implied by statute or common law, custom, trade, usage, course of dealing or otherwise, all of which are
excluded to the fullest extent permitted by law.
7.8 - Nothing in these Conditions shall affect the statutory rights of a Customer who is dealing with the Company as a consumer.
8 LIABILITY
8.1 - Except in respect of:
8.1.1 - injury to or death of any person caused by the Company’s negligence
8.1.2 - the Company’s liability under the Consumer Protection Act 1987 for any injury to or death of any person or loss of or damage to
property intended for private use caused by a defect in the Equipment;
8.1.3 - breach on the part of the Company of any undertaking as to title implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of
the Supply of Goods and Services Act 1982; or
8.1.4 - insofar as any exclusion or limitation of the Company’s liability under the Contract is otherwise prohibited, void or unenforcable by law.
The Company shall not be liable for any loss or damage which arises out of or in connection with the supply of the Equipment or its use or
resale by the Customer except as expressly provided in these Conditions. The Company shall not be liable for interference with or from other
radio equipment or services due to the installation or use of the Equipment. If requested to investigate such interference the Company will
charge for the service at its current rates.
8.1.5 - the Company shall not be liable for any consequential or indirect loss suffered by the Customer whether this arises from a breach of
duty, in contract or in tort, including negligence, or in any other way including without limitation loss of business, goodwill or profit.
8.2 - In the event that notwithstanding the provision of Clauses 7.6, 7.7, and
8.1, the Company is found liable for any loss or damage suffered by the Customer, that liability shall in no event exceed the amount of
insurance cover the Company has in respect of the particular liability.
9 INTELLECTUAL PROPERTY/SOFTWARE
9.1 - No intellectual property rights in or associated with the Equipment shall pass to the Customer as a result of the sale of the Equipment to
the Customer.
9.2 - The Company endeavours not to offer for sale Equipment which infringes known and valid patents or other intellectual property rights
but shall not be liable in any manner whatsoever to the Customer for any costs, damages or loss of profits arising from the use or sale of the
Equipment which infringes or allegedly infringes any patent, registered design, copyright or other intellectual property rights of any third
party.
Conditions Of Sale