10.1 Subject to the conditions of warranty set out in Clause 10.2 the Seller warrants that if any defect in any workmanship manufactured by the Seller becomes apparent and is reported to the Seller within twelve (12) months for all Dairy Technology Services product(s) of the date of delivery (time being of the essence) then the Seller will repair the defect or replace the workmanship.
10.2 The conditions applicable to the warranty given by Clause 10.1 are:
(a) 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 correctly set up, apply, fit or use the product in accordance with any instructions, guidelines or manuals provided by the Seller; or ii) Failure on the part of the Buyer to properly maintain any Goods; or iii) Any use of any Goods otherwise than for any application specified on a quote or order form; or iv) The continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or v) any fault in the 240 volt power supply or damage by electrical spikes, power surges or lightning. The Buyer is responsible for taking insurance cover for
such risk or implement risk management precautions, such as the installation of an in-line UPS power supply and regulator; or
vi) Fair wear and tear, any accident or act of God.
(b) The warranty shall not cover:
i) Damage to other Goods (apart from those covered by warranty), or other losses, loss of profits, damages or injuries or consequential loss; and
ii) Any claim that is not made within the applicable warranty period, and in accordance with the procedures and requirements set out in clause 10.2 (c).
(c) The Seller shall be under no obligation to make good or replace the product pursuant to the warranty except if the following procedures and
requirements shall have been compiled with and met in respect of any claim:
i) The Seller shall be notified of any defect as soon as the defect becomes apparent to the Buyer; and
ii) The Buyer shall use their best endeavours whether directly or indirectly to procure for the Seller or for the Seller’s agent an opportunity of inspecting the product and the site upon which the defect has occurred or first become apparent; and
iii) Payment for the Goods being completed as agreed.
(d) The warranty shall cease and the Seller shall thereafter in no circumstances be liable under the terms of the warranty if:
i) the product is fitted to or used on any application other than any application which is specified in an order or quote form, or natural intended use; or ii) the workmanship is repaired, altered or overhauled without the Seller’s consent. If an agent who is not authorised by the Seller attempts to repair or fix a fault without the consent of the Seller, the Buyer shall be liable for any expenses incurred.
(e) In respect of all claims, the Seller shall have the sole and unaffected discretion to decide whether repairs shall be made to the product or whether the product shall be replaced, and in either case the Seller shall not be liable to compensate the Buyer for any delay in either replacing or repairing the product or in properly assessing the Buyer’s claim.
(f) Where a fault in Dairy Technology Services product(s) interferes with the normal milking operation it is the responsibility of the Buyer to resort to normal
milking operation by removing the product from the milking equipment.
(g) The warranty does not cover damage, malfunction or non operation, or the cost of travelling to the farm caused by the actions of untrained
operator/milker staff. At installation time once only training will be given to the Buyer or their designated operator/milker. The cost of training replacement operator/milker is the responsibility of the Buyer.
10.3 Under no circumstances shall the Seller be liable for any loss or damage (including, but not limited to, loss of profits, lowering of milk grades or consequential losses) arising from use of Dairy Technology Services product(s) either on a stand alone basis or in conjunction with other products.
10.4 The warranties outlined in clauses 10.1 to 10.3 are to be read in conjunction with any “Warranty Card” that will be supplied with the Goods. If there are any inconsistencies between the warranties then the warranty contained in this document shall prevail.
10.5 For Goods not manufactured by the Seller the warranty shall be the current warranty provided by the manufacturer of the Goods. The Seller shall be under no liability whatsoever except for the express conditions as detailed and stipulated in the manufacturers warranty.