Range overview
General terms of delivery Viega Ltd.
5.1.1 c onform in all material respects with the description and any applicable specification; and 5.1.2 b e free from material defects in design, material and workmanship; (the “ Warranty ”). 5.2 Subject to clause 5.3 below, if: 5.2.1 the Customer gives notice in writing to Viega within a reasonable time of discovery that some or all of the products do not comply with the warranty set out in clause 5.1; 5.2.2 V iega is given a reasonable opportunity of examin- ing such products; and 5.2.3 the Customer (if asked to do so by Viega) returns such products to Viega (at Viega’s reasonable cost); Viega shall, at its option, repair or replace the defective products, or refund the price of the defective products in full. In addition, and if and to the extent foreseen by applicable law, Viega shall also be responsible for reasonable labour costs necessary for the installation of any repaired or replaced product notified to Viega in advance. 5.3 Viega shall not be liable for products’ failure to comply with the Warranty set out in clause 5.1 above in any of the following events: 5.3.1 the Customer makes any further use of such prod- ucts after giving notice in accordance with clause 5.2; 5.3.2 the defect arises because the Customer or any in- termediary that has directly or indirectly supplied the products to the Customer failed to follow Viega’s instructions as to the storage, commission- ing, installation, use and maintenance of the prod- ucts or good trade and engineering practice regard- ing the same; 5.3.3 the products were not installed in accordance with Viega’s latest assembly instructions and technical records while complying with all applicable ac- knowledged rules of engineering and the technical regulations in force in the United Kingdom at the time of installation; 5.3.4 the Customer or any intermediary that has directly or indirectly supplied the products to the Customer alters or repairs the products without the written consent of Viega; 5.3.5 the defect arises as a result of fair wear and tear, willful damage, negligence, abnormal storage or working conditions, natural disasters or force ma- jeure (in particular, but not limited to, floods, storms, lightning strikes, earthquakes), modifications, changes or add-ons not approved by Viega in writ- ing, excessive water pressure, corrosive substanc- es or other harmful environments, sub-zero temper- atures; 5.3.6 the products differ from their description and/or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements; or 5.3.7 the products have been used or installed outside of the United Kingdom; 5.3.8 the products were not manufactured by Viega. 5.4 Nothing in this Warranty affects the statutory rights of con- sumer costumers. For non-consumer customers, the War- ranty sets out Viega’s only liability (whether in contract, tort (including negligence), breach of statutory duty, or other- wise) in respect of defective or faulty products. 5.5 This Warranty is for the benefit of the Customer only, and it may not be assigned, transferred or dealt with by any other person. 5.6 The Customer shall pass sufficient copies of any warranty documentation that accompanies the Products to its cus- tomers so that all members of the supply chain, including the end-user, have a copy of such documentation. Except for members of the supply chain, no other person shall have any rights under this Warranty. 5.7 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 the Contract. 5.8 These Conditions shall apply to any repaired or replace- ment products supplied by Viega. 5.9 If the Customer returns the products to Viega for examina- tion and it turns out that no warranty claims exist, Viega is entitled to charge the Customer a processing fee in the amount of 25% of the price of the respective products but not less than 30 GBP before tax.
6 Title and risk 6.1 The risk in the Products shall pass to the Customer on Delivery. 6.2 Title to the Products shall not pass to the Customer until (the earlier of): 6.2.1 Viega receives payment in full (in cash or cleared funds) for the Products and any other Products that Viega has supplied to the Customer in respect of which payment has become due, in which case title to the Products shall pass at the time of cleared payment of all such sums; and 6.2.2 the Customer resells the Products, in which case title to the Products shall pass to the Customer at the time specified in clause 6.4. 6.3 Until title to the Products has passed to the Customer, the Customer shall: 6.3.1 store the Products separately from all other Prod- ucts held by the Customer so that they remain readily identifiable as Viega’s property; 6.3.2 n ot remove, deface or obscure any identifying mark or packaging on or relating to the Products; 6.3.3 m aintain the Products in satisfactory condition and keep them insured against all risks for their full price following Delivery; 6.3.4 notify Viega immediately if it becomes subject to any of the events listed in clauses 8.2.2 or 8.2.3; and 6.3.5 g ive Viega such information relating to the Products as Viega may require from time to time. 6.4 Subject to clause 6.5, the Customer may resell or use the Products in the ordinary course of its business (but not oth- erwise) before Viega receives payment for the Products. However, if the Customer resells the Products before that time: 6.4.1 it does so as principal and not as Viega’s agent; and 6.4.2 title to the Products shall pass from Viega to the Customer immediately before the time at which re- sale by the Customer occurs. 6.5 If before title to the Products passes to the Customer, the Customer becomes subject to any of the events listed in clauses 8.2.2 and 8.2.3, then, without limiting any other right or remedy Viega may have: 6.5.1 the Customer’s right to resell the Products or use them in the ordinary course of its business ceases immediately; and 6.5.2 V iega may at any time: (i) require the Customer to deliver up all Products in its possession which have not been resold, or irrevocably incorporated into another Products; and (ii) if the Customer fails to do so promptly, enter any prem- ises of the Customer or of any third party where the Products are stored in order to recover them. 7 Price and payment 7.1 The price of the Products shall be the price set out in the Order, or, if no price is quoted, the price set out in Viega’s published price list in force as at Delivery. 7.2 Viega may, by giving notice to the Customer at any time up to ten (10) Business Days before Delivery, increase the price of the Products to reflect any increase in the cost of the Products that is due to: 7.2.1 a ny factor beyond Viega’s control (including foreign exchange fluctuations, increases in taxes and du- ties, and increases in labour, materials and other manufacturing costs); 7.2.2 any request by the Customer to change the date(s) of Delivery, quantities or types of Products ordered, or the Specification; or 7.2.3 any delay caused by any instructions of the Cus- tomer or failure of the Customer to give Viega ade- quate or accurate information or instructions. 7.3 The price of the Products is exclusive of the costs and charges of packaging, insurance and transport of the Prod- ucts, which shall be invoiced to the Customer. 7.4 The price of the Products is exclusive of amounts in re- spect of value added tax (“VAT”). The Customer shall, on receipt of a valid VAT invoice from Viega, pay to Viega such additional amounts in respect of VAT as are chargeable on the supply of the Products. 7.5 Viega may invoice the Customer for the Products on or at any time after the completion of delivery. 7.6 The Customer shall pay the invoice in full and in cleared funds within twenty (20) Business Days of the date of the invoice. Payment shall be made to the bank account nomi- nated in writing by Viega. Time of payment is of the essence.
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