gledhill GB10 Installation And Servicing Instructions page 40

AND FURTHER we will meet the contractors/installers reasonable costs in removing and replacing any defective copper storage vessel
or storage vessel with defective
integral pipework from the Domestic Mains Pressure Range of products up to a maximum of one-third of the extent of our liability in
regard to the replacement product expressed in (2) (a) and (b) above.
(3) Integrated Boiler and Storage Vessel Products and Stand Alone Boilers
In the case of the GulfStream range of products and the Gledhill Boiler range of products, Gledhill guarantees the heat exchanger
(boiler) for material and construction faults for two years and FURTHER we will meet the installer/contractors reasonable costs in
removing and replacing any DEFECTIVE heat exchanger up to a MAXIMUM of one third of the extent of our liability in regard to the
replacement product.
THE RESPONSIBILITY FOR THE EXECUTION OF THIS GUARANTEE LIES WITH THE INSTALLER.
The guarantee becomes null and void if the appliance is used incorrectly, or in the event of proven negligence or incorrectly
implemented repairs OR FAILURE TO CARRY
OUT THE RECOMMENDED INSPECTION/MAINTENANCE. The guarantee also becomes null and void if changes are made to the
appliance without knowledge, or if the serial number on the appliance is removed or made illegible.
The annual service must be carried out by a competent installer in accordance with the advice given by Gledhill and using Gledhill
approved parts.
(4) Components of our products other than Storage Vessels and Integral Pipework. We will either extend to the purchase the same
terms of warranty as we are given by
the manufacturer of the component or if the manufacturer does not give any warranty, replace free of charge any component which
becomes defective within twelve months after the date of the delivery by us and is returned to us at the purchaser's expense but we
shall not meet the cost of removal or shipping or return of the component or any other cost charges or damages incurred by the
purchaser.
(5) In the case of goods manufactured solely in accordance with our specification and designs and in respect of any installation work
carried out by or on our behalf, our entire liability and the purchaser's sole remedies (subject to (1-4) above) and shall be as follows:
(a) we accept liability for death or personal injury to the extent that it results from our negligence that of our employees agents or
subcontractors.
(b) subject to paragraph (d) below, we accept liability for direct physical damage to tangible property to the extent that such damage is
caused by our negligence that of our employees agents or subcontractors.
(c) our total liability to the purchaser over and above any liability to replace under (1 - 4) above (whether in contract or in tort including
negligence) in respect of any one cause of loss or damage claimed to result from any breach of our obligations hereunder, shall be
limited to actual money damages which shall not exceed £20,000 provided that such monetary limit shall not apply to any liability on the
part of ourselves referred to in paragraph (a) above.
(d) except as provided in paragraph (a) above but otherwise notwithstanding any provision herein contained in no event shall we be
liable for the following loss
or damage howsoever caused and even if foreseeable by us or in our contemplation :-
(i) economic loss which shall include loss of profi ts, business revenue, goodwill or anticipated savings.
(ii) damages in respect of special indirect or consequential loss or damage (other than death, personal injury and damage to tangible
property).
(iii) any claim made against the purchaser by any other party (save as expressly provided in paragraph (b) above).
(e) except in respect of our liability referred to in paragraph (a) above no claim may be made or action brought (whether in contract or in
tort including negligence) by the purchaser in respect of any goods supplied by us more than one year after the date of the invoice for
the relevant goods.
(f ) nothing in these Conditions shall confer on the purchaser any rights or remedies to which the purchaser would not otherwise be
legally entitled.
(6) Notwithstanding any other provision contained herein the Purchaser's hereby agree to fully indemnify us against any damages
losses costs claims or expenses incurred by us in respect of any claim brought against us by any third party for :-
(a) any loss injury or damage wholly or partly caused by any goods supplied by us or their use.
(b) any loss injury or damage wholly or partly caused by the defective installation or sub-standard workmanship or materials used in the
installation of any goods supplied by us.
(c) any loss injury or damage in any way connected with the performance of this contract.
PROVIDED that this paragraph (6) will not require the Purchaser to indemnify us against any liability for our own acts of negligence or
those of our employees agents or sub-contractors.
FURTHER in the case of goods supplied by us which are re-sold to and installed by a third party by the Purchaser it will be the sole
responsibility of the Purchaser to test the goods immediately after their installation to ensure that inter alia they are correctly installed
and are in proper working order, and are not likely to cause any loss injury or damage to any person or property.
10. VARIATION OF WARRANTY AND EXCLUSION
Should our warranty and exclusion be unacceptable we are prepared to negotiate for variation in their terms but only on the basis of an
increase in the price to allow for any additional liability or risk which may result from the variation.
Purchasers are advised to insure against any risk or liability which they may incur and which is not covered by our warranty.
11. RISK AND RETENTION OF TITLE
(a) goods supplied by us shall be at the Purchaser's risk immediately upon delivery to the Purchaser or into custody on the Purchaser's
behalf or to the Purchaser's Order. The Purchaser shall effect adequate insurance of the goods against all risks to the full invoice value
of the goods, such insurance to be effective from the time of delivery until property in the goods shall pass to the Purchaser as
hereinafter provided.
(b) property in the goods supplied hereunder will pass to the Purchaser when full payment has been made by the Purchaser to us for :-
(i) the goods of the subject of this contract.
(ii) all other goods the subject to of any other contract between the Purchaser and us which, at the time of payment of the full price of
the goods sold under this contract, have been delivered to the Purchaser but not paid for in full.
(c) until property in the goods supplied hereunder passes to the Purchaser in accordance with paragraph
(2) above.
(i) the Purchaser shall hold the goods in a fiduciary capacity for us and shall store the same separately from any other goods in the
Purchaser's possession and in a manner which enables them to be identified as our goods.
(ii) the Purchaser shall immediately return the goods to us should our authorised representative so request. All the necessary incidents
associated with a fiduciary relationship shall apply.
(d) the Purchaser's right to possess the goods shall cease forthwith upon the happening of any of the following events, namely :-
(i) if the Purchaser fails to make payment in full for the goods within the time stipulated in clause 4 hereof.
(ii) if the Purchaser, not being a company, commits any act of bankruptcy, makes a proposal to his or her creditors for a compromise or
does anything which would entitle a petition for a Bankruptcy Order to be presented.
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