User's Manual

CopyDisc Duplicator Series
51
12. WARRANTY
a) Verity Systems warrants that the goods will be of good quality and that Verity Systems has title to
sell the same. Verity Systems’ warranty of workmanship (if provided) shall be effective from the date
on which the goods were accepted in accordance with Clause 8 and limited to 12 months from
dispatch or such period as may be notified (“the warranty period”). During the warranty period Verity
Systems will replace, free of charge, any part or parts of the goods which fail to function as a result
of faults caused during their manufacture providing always that such faulty goods are returned
carriage paid to Verity Systems’ premises. The goods when repaired by Verity Systems will then be
returned carriage paid to the Purchaser. Verity Systems shall not be liable under this warranty:
i) where the defect results from the goods being subjected to abnormal usage or where the defect
is due to the act, neglect or default of anyone other than Verity Systems
ii) for the replacement or repair of the goods or part or parts thereof where such replacement, or
repair becomes impossible as a result of force majeure or any other circumstances beyond
Verity Systems’ control
iii) where the goods or any components or parts thereof are the subject of a separate guarantee
given by a third party.
iv) where failure is caused by abuse or neglect.
b) The Purchaser acknowledges that if he has not notified to Verity Systems any particular purpose for
which the goods are required all express or implied warranties or conditions statutory or otherwise as
to quality of or fitness for any particular purpose of the goods are hereby expressly excluded and
Verity Systems shall not (except as set out above) be under any liability whatsoever in respect of
defects in goods delivered or for any injury, damage or loss resulting from such defects from any
cause whatsoever.
13. LEGAL CONSTRUCTION
Except where otherwise stipulated in writing the relations, arrangements and agreements between the
parties shall be governed by the laws of England and all disputes which may arise under out of or in
connection with any contract between Verity Systems and the Purchaser shall be submitted to arbitration by
the London Court of Arbitration in accordance with its Rules for the time being in force. Service of any
notices in the course of such arbitration to the address of the Purchaser given in the Contract shall be valid
and sufficient. All references in the Terms and Conditions to the masculine gender shall be deemed to
include the feminine and neuter genders. Failure or neglect by Verity Systems to enforce at any time any of
the provisions hereof shall not be construed a waiver of Verity Systems’ rights nor in any way affect the
validity of the whole or part of this contract nor prejudice Verity Systems’ rights to take subsequent action.
The headings of the Terms and Conditions are inserted for convenience or reference only and are not
intended to be part of or to affect the meaning or interpretation of any of the terms and conditions of this
Contract. In the event that any of these terms, conditions or provisions shall be determined invalid, unlawful
or unenforceable it shall be severed from the remaining terms, conditions and provisions which shall
continue to be valid to the fullest extent permitted by law.
14. STERLING PROTECTION
Any quoted or listed sterling prices are subject to variation in the rate of exchange between sterling and the
currency paid by Verity Systems for whole or major components between the date of the contract and the
time of the submission of Verity Systems’ invoice to the Purchaser. Verity Systems reserves the right to vary
the price so that it accords with the said rate of exchange prevailing at the time of Verity Systems’ invoice.
15. DEFAULT
If the Purchaser shall default in the performance of any of its obligations under the Contract Verity Systems
shall on giving the Purchaser notice in writing have the right without prejudice to any other rights or remedies
to take all or any of the following actions:
a) cancel all or any part of any discount which might otherwise have been due under the terms of the
Contract;
b) suspend any outstanding delivery of goods or parts thereof until such default shall have been made
good;
c) recover possession of that part of the goods to which the default relates and the Purchaser shall allow
Verity Systems free access to his premises to enable Verity Systems to do so.
No waiver or delay in exercise by Verity Systems of its right under this clause shall be deemed to imply
acceptance of the default or any subsequent default. If the Purchaser shall become bankrupt, go into
liquidation, have a Receiving Order made against him, or carry on his business under a Receiver Verity
Systems shall have the liberty without prejudice to any further remedies under the Contract to terminate the
contract forthwith by notice in writing to the Purchaser or Liquidator and recover possession of all equipment
for which full payment of the contract price has not been received in c. above.