SALUS Product Warranty
PLEASE NOTE THIS PRODUCT WARRANTY ONLY APPLIES TO CUSTOMERS TO WHOM SALUS CONTROLS PLC DIRECTLY SUPPLY PRODUCTS.
If you did not buy your product directly from SALUS Controls Plc you must contact your supplier, retailer or distributor in relation to any defects with your product.
“Conditions” – Means the terms and conditions of business of SALUS for the sale and purchase of the Goods as amended from time to time.
“Warranty” – Means the warranty set out in these clauses, which is given in addition to and subject to the Conditions.
“Customer” – Means the person, company, firm or supplier who purchases the Goods from SALUS during the course of its business.
“Goods” – Means the goods (or any part of them) included within the table below which have been supplied to the Customer by SALUS to which this Warranty relates.
“SALUS” – Means SALUS Controls PLC (registered in England and Wales with company number 05057362) whose registered office address is at Unit 1, Dodworth Business Park, Whinby Road, Dodworth, Barnsley, South Yorkshire, S75 3SP.
“Warranty Period” – Means the warranty period set out in the table below for each of the Goods, which begins to run from the date of delivery.
1. Product Warranty
1.1 SALUS warrants that on delivery, and for the Warranty Period from the date of delivery, the Goods shall:
1.1.1 Conform in all material respects with their description; and
1.1.2 Be free from material defects in design, material and workmanship;
1.1.3 Be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
1.1.4 Be fit for any purpose held out by SALUS.
1.2 Subject to clause 1.3, if:
1.2.1 The Customer gives notice in writing to SALUS during the Warranty Period and within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 1.1;
1.2.2 SALUS is given a reasonable opportunity of examining such Goods; and
1.2.3 The Customer (when asked to do so by SALUS) returns such Goods and proof of purchase, at the Customer’s cost, to SALUS at the following address:
SALUS Controls PLC,
Dodworth Business Park,
SALUS shall, at its option, repair or replace the defective Goods.
1.3 SALUS shall not be liable for the Goods’ failure to comply with the warranty set out in clause 1.1 in any of the following events:
1.3.1 The Customer makes any further use of such Goods after giving notice in accordance with clause 1.2;
1.3.2 The defect arises because the Customer failed to follow SALUS’ oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
1.3.3 The Customer alters or repairs such Goods without the written consent of SALUS;
1.3.4 The defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
1.3.5 The Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
1.4 This Warranty shall apply to any repaired or replacement Goods supplied by SALUS.
2. Limitation of Warranty and Liability
2.1 Nothing in this Warranty shall limit or exclude SALUS’ liability for:
2.1.1 Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
2.1.2 Fraud or fraudulent misrepresentation;
2.1.3 Breach of the terms implied by section 12 of the Sale of Goods Act 1979;
2.1.4 Defective products under the Consumer Protection Act 1987; or
2.1.5 Any matter in respect of which it would be unlawful for SALUS to exclude or restrict liability.
2.2 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from this Warranty.
2.3 Except as provided in this Warranty, SALUS shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in clause 1.1.
2.4 Subject to clause 2.1:
2.4.1 SALUS shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this Warranty; and
2.4.2 SALUS’ total liability to the Customer in respect of all other losses arising under or in connection with this Warranty, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods to be replaced under the Warranty.
2.5 Assignment and other dealings.
2.5.1 SALUS may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under this Warranty.
2.5.2 The Customer may not at any time assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under this Warranty.
3.1 If there is any inconsistency between the contents of this Warranty and the contents of the Conditions, the terms of this Warranty shall prevail.