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8 APPENDIX C – WARRANTY STATEMENT
Set out below are the warranty statements from the Quantum Production Ltd standard
Terms and Conditions of Sale 2008. Please contact Quantum Cryogenics for a full copy of
the terms and conditions of sale.
5.2
Subject to Clauses 5.3 and 5.4 below, the Company warrants to the Customer that the Products
delivered shall be:
(a) in good condition on delivery;
(b) of the correct type, quality, weight and measurements (if specified);
(c) in full accordance with the Specifications (if any);
(d) reasonably fit for any purpose specified by the Customer; and
(e) complete with all manuals and documentation required, if any.
5.3
The Customer shall have seven (7) days from the Delivery Date ("Inspection Period") in which to inspect
the Products and if they or any part of them are not in accordance with the Specifications, the Customer
shall be entitled (without prejudice to its rights generally) to reject the same or such part of them. Any
breakages or deficiencies must be notified in writing to the carrier immediately by the Customer and to
the Company within the Inspection Period. Inspection shall be deemed to have taken place only when
the Products are inspected and examined by a person duly authorised by the Customer. Any failure to
inform the Company of any defect in the Products or non-compliance with the Specifications during
the Inspection Period shall be deemed to be an acceptance of the Products by the Customer and the
Company shall not be liable for that Order.
5.4
In the event that the Customer rejects any Products under Clause 5.3 for a reason accepted by the
Company, the Company shall, at its own expense, repair or replace the Products or credit the Customer's
account with any amounts paid in respect of any Products if the Customer chooses to return such
Products.
5.5
Subject to Clauses 5.6 and 5.7 below, the Warranty shall be valid for 12 (twelve) months from the date
of acceptance or deemed acceptance determined in accordance with Clause 5.2 above.
Notwithstanding the foregoing, the Warranty shall be subject to the following conditions:
(a) the Company shall not be liable for any defects in the Products arising from any
Specifications supplied by the Customer; or
(b) the Company shall not be liable for any liability arising from any fair wear and tear, wilful
damage, negligence, neglect, failure to comply with statutory requirements including the
maintenance of the Products, misuse, alteration or repair to any of the Products without the
Company's written approval; or
(c) the Company shall not be liable for any defects or damage arising from the Customer's
failure to implement a procedure appropriate for the business environment of the Customer
including storage conditions, quality control and handling procedures appropriate for the
Products and that the Customer shall ensure and procure that the procedure is complied with
and regular checks made to ensure all procedures are maintained at all times; or
(d) a force majeure event occurs as defined in Clause 10 below.
5.6
The Warranty shall exclude any physical damage to the Products.
5.7
Any claim made under the Warranty shall be solely for the repair and replacement of parts provided the
Customer shall return the Products for repair to the premises of the Company, at the Customer's costs.
For the avoidance of doubt, no repairs shall be undertaken on site at the premises of the Customer. On-
site inspections shall only be provided if the Customer has entered into a services and maintenance
agreement with the Company."
QUANTUM PRODUCTION LIMITED - STANDARD CONDITIONS OF SALE 2008
Please note depending on the nature of use it may be necessary to complete a
decontamination process and provide documentary evidence that this has been completed
and verified prior to returning goods.
No deliveries / returns are accepted without a Returns Authorisation Number (RAN).
Unauthorised returns will be automatically rejected / returned to sender collect.
Please contact the Quantum Cryogenics for more details and returns authorisation.
ONE O2 OXYGEN MONITOR ALARM UNITS
www.quantumcryogenics.com
Page 19 of 21.
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