11. QUALITY
11.1 Subject to condition 11.8, Newson Gale warrants that, for a period of 12 months from the date of delivery for mechanical components and for a period of 84 months from the date of delivery for electronic components, or such other period stated otherwise by Newson Gale in writing, the Goods will:
(a) conform in material respects to their description;
(b) be in line with Newson Gale specifications for that part number; and
(c) be of a generally accepted quality for Goods of this type and market (within the meaning of the Sale of Goods Act 1979).
11.2 For the avoidance of doubt, Newson Gale does not give any technical advice or warrant any advice relating to the suitability of any Goods.
11.3 Newson Gale shall not be liable for any breach of any of the warranties set out in condition 11.1 unless:
(a) the Buyer gives written notice of the defect to Newson Gale, and (if the defect is as a result of damage in transit) to the carrier, within 7 days of the time when the Buyer discovers or ought to have discovered the defect; and
(b) Newson Gale is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by Newson Gale) returns such Goods to Newson Gale’s place of business at Newson Gale’s cost for the examination to take place there.
11.4 Newson Gale shall not be liable for any breach of any of the warranties set out in condition 11.1 if:
(a) the Buyer makes any further use of such Goods after giving such notice pursuant to condition 11.3;
(b) the defect arises because the Buyer failed to follow good trade practice and (where in place) the instructions of Newson Gale as to the storage, installation, commissioning, use or maintenance of the Goods;
(c) the Buyer alters or repairs such Goods without the written consent of Newson Gale;
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(e) the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
11.5 Subject to conditions 11.3 and 11.4, if any of the Goods do not conform with any of the warranties in condition 11.1, Newson Gale shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if Newson Gale so requests, the Buyer shall, at Newson Gale’s expense, return the Goods or the part of such Goods which is defective to Newson Gale.
11.6 Except as provided in condition 11.5, Newson Gale shall have no liability to the Buyer for a breach of any of the warranties in condition 11.1.
11.7 Where Newson Gale replaces Goods pursuant to condition 11.5, Goods returned by the Customer shall belong to Newson Gale and Newson Gale may use such returned Goods at its discretion. Any repaired or replacement Goods will be guaranteed on these terms for the unexpired portion of the warranty period.
11.8 Insofar as the Goods comprises or contains equipment or components which were not manufactured or produced by Newson Gale, the Buyer shall be entitled only to such warranty or other benefit as Newson Gale has received from the relevant manufacturer.
