1. Subject to the conditions of warranty set out in clause 2, Access Linemarking Equipment warrants that if any defect in any workmanship of Access Linemarking Equipment becomes apparent and is reported to Access Linemarking Equipment within twelve (12) months of the date of delivery (time being of the essence) then Access Linemarking Equipment will either (at Access Linemarking Equipment’s sole discretion) repair the defect or replace the workmanship.
2. The conditions applicable to the warranty given by clause 1 are:
(a) the warranty applies on the basis of the Goods being used on the equivalent of a single daily eight (8) hour shift.
(b) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i) failure on the part of the Buyer to properly maintain any Goods
(ii) failure on the part of the Buyer to follow any instructions or guidelines provided by Access Linemarking Equipment
(iii) any use of any Goods otherwise than for any application specified on a quote or order form
(iv) the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user
(v) fair wear and tear of the Goods or any part thereof including but not limited to belts, cables, fuses and filters
(vi) misuse, neglect, accident, vandalism, damage in transit or any act of God.
(c) the warranty shall cease and Access Linemarking Equipment shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without Access Linemarking Equipment’s consent.
(d) in respect of all claims Access Linemarking Equipment shall not be liable to compensate the Buyer for any delay in either replacing or remedying the workmanship or in properly assessing the Buyer’s claim.
3. For Goods not manufactured by Access Linemarking Equipment, the warranty shall be the current warranty provided by the manufacturer of the Goods. Access Linemarking Equipment shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
4. In the case of second hand Goods, the Buyer acknowledges that he has had full opportunity to inspect the same and that he accepts the same with all faults and that no warranty is given by Access Linemarking Equipment as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. Access Linemarking Equipment shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.