Specifications

313
July 08 XYZ Machine Tools Issue 01
XYZ 560 Mini Mill and 710 VMC Operation Manual
13.0 Warranty
13.1 Warranty for the Machine
1. Subject to the conditions of the warranty, XYZ Machine Tools warrants that the Goods
will, at their time of acceptance, remain free from defects in material and workmanship
for the shorter of a period of 12 months or for 2000 hours of use.
2. The above warranty is given by XYZ Machine Tools subject to the following conditions:
• XYZ Machine Tools shall be under no liability in respect of any defect arising from
wilful damage, negligence, failure to follow the XYZ Machine Tools’ instructions,
misuse, alteration to the Goods (including by the removal of any guard or cover) or
repair of the Goods in each case by the Purchaser, its employees or agents.
• That it does not extend to parts, materials or equipment not manufactured by XYZ
Machine Tools, in respect of which the Purchaser shall only be entitled to the
benefit of any warranty or guarantee given by the relevant manufacturer.
• XYZ Machine Tools shall be under no liability if full payment for any of the Goods
has not been made by the Due Date.
3. Subject as expressly provided in these terms and conditions and except where the Goods
are sold to a person dealing as a consumer (within the meaning of the Unfair Contract
Terms Act 1977) all warranties and conditions or other terms implied by statue or
common law are excluded to the fullest extent permitted by law. Where Goods are sold
to a consumer the statutory rights of the consumer are not affected by these terms and
conditions.
4. Without prejudice to item 2, any claim made by the Purchaser which is based on any
defect in the quality or condition of the Goods shall be notified to XYZ Machine Tools in
writing within 14 days from the date on which the defect or failure became apparent.
Where such a claim is notified to XYZ Machine Tools, XYZ Machine Tools shall be given
the opportunity of remedying the defect or failure and supplying (where necessary)
replacement parts and completion of such remedial work shall constitute fulfilment of
XYZ Machine Tools’ obligations under the contract. Remedial work and replacement parts
will be provided free of charge, provided the Purchaser at its own cost returns to XYZ
Machine Tools the relevant Goods.
5. Without prejudice to item 4, XYZ Machine Tools at its sole discretion shall be entitled to
refund the Purchaser the price of the Goods and shall have no further liability to the
Purchaser under the contract.
6. Except in respect of death or personal injury caused by the negligence of XYZ Machine
Tools, the total liability of XYZ Machine Tools to the Purchaser under this contract shall
not exceed the price for the Goods.
7. Except in respect of death or personal injury caused by the negligence of XYZ Machine
Tools, XYZ Machine Tools shall not be liable to the Purchaser by reason of any
representation (unless fraudulent), warranty, condition or other term of the contract for
any loss or damage (whether for loss of profit or goodwill), claims for consequential
compensation which arise out of or in connection with the supply of the Goods.
8. XYZ Machine Tools shall not be liable to the Purchaser or be deemed to be in breach of
the contract by reason of any delay in performing or any failure to perform XYZ Machine