“Our, Us, We” relates to Earlswood Nurseries Ltd
“You, Your ” relates to the person, firm or corporation with whom we contract for the sale of the Goods or supply the services.
“The Goods” means the products which are to be sold by us to you under the Contract.
“The Contract” means any contract for the sale of the Goods or Supply of services by Us to You incorporating these conditions and arising from our acceptance of your order .
“The following sets out your rights in respect of any loss or damage arising from defects in the Goods or for any Statements made by us. Please read carefully. You are advised to obtain insurance against any losses you sustain.”
If you establish to our reasonable satisfaction that:
A. there is a defect in the materials or workmanship of the goods: OR
B. where you have supplied designs, drawings, specifications and other data relating to the Goods, there has been a failure by us to supply the Goods in accordance with such designs, drawings, specifications or other data: OR
C. there is some other failure by us in relation to the conformity of the goods with the contract then we shall at our option either:
- In relation to such defective Goods or failure. Re-supply Goods which are in all respects on accordance with the contract: OR
- Agree with you that you will retain the goods in the condition in which they are in consideration of a reduction in their price to compensate you for the defect or failure. OR
- Refund to you the contract price of such goods subject in every case to the remaining provisions of this Condition.
Paragraph 1 of this warranty shall not apply unless you notify us in writing of the alleged defect or failure immediately upon first becoming aware of it and in any event within 12 months of the delivery of the goods to you under the provisions of our Delivery Terms & Conditions.
If we elect to replace the goods, we shall deliver the replacement goods to you at our own expense to the address where the defective or failed goods where originally located and the replaced goods shall become the property of Earlswood Nurseries Ltd. It will become your responsibility to return such goods to us as requested by us at your own expense if necessary.
The warranty is in substitution for any other of your legal remedies on respect of the alleged defect or failure and our liability shall in all such cases and for all such purposes be limited to the obligations imposed by the warranty.
Nothing contained in this Warranty condition shall operate so as:
- To exclude our liability for death or personal injury resulting from our or our employees or agents negligence.
- To exclude the conditions and warranties implied by section 12 of the Sale of Goods Act 1979.