3. QUALITY AND DEFECTS

3.1 The Goods shall be new, of the best available design, of the best quality, material and workmanship, be without defect and conform in all respects with the Purchase Order and Specification.

3.2 The Seller shall be deemed to have full knowledge of the purpose for which the Goods are required (which could include resale and use in international markets) and the Goods shall be fit for purpose and of merchantable quality, properly packed and secured. The Seller shall test the Goods on behalf of the Company prior to delivery to ensure that they comply with the Contract requirements.

3.3 The Seller shall comply with all legislation applicable in the European Union and any territory where the Goods are to be delivered to the provision of the Goods including compliance with any health and safety requirements in respect of the Goods or policies or procedures operated by the Company or its customers at any of their sites.

3.4 Prior to delivery of the Goods to the Company the Company shall have the right and be given the opportunity by the Seller to inspect and test the Goods.

3.5 If the results of such inspection or testing cause the Company to be of the opinion that the Goods do not conform or are unlikely to conform with the Purchase Order or to any specifications and/or patterns supplied or advised by the Company to the Seller, the Company shall inform the Seller and the Seller shall immediately take such action as is necessary to ensure conformity and in addition the Company shall have the right to require and witness further testing and inspection of the Goods.

3.6 Notwithstanding any such inspection or testing, the Seller shall remain fully responsible for the Goods and any such inspection or testing shall not limit or otherwise affect the Seller's obligations under the Contract and does not imply acceptance of the Goods by the Company.

3.7 Where a Purchase Order includes the manufacture of a Good to the Company’s design(s) the Seller shall inform the Company as soon as possible of any invention or improvement in design or method of manufacture arising out of the performance of the Purchase Order and any Intellectual Property Rights in respect of the same shall belong solely to the Company. The Seller will give the Company, at the Company’s expense, all necessary assistance to enable the Company to obtain the benefit of all and any such rights whether such right is capable of being registered or not in any part of the world.

3.8 If any of the Goods fail to comply with any of the provisions set out in this Article 3 the Company shall be entitled to avail itself of any one or more remedies listed in Article 12 without prejudice to Article 4.

3.9 Without prejudice to Article 4 and unless otherwise agreed in writing between the parties the claims the Company may assert against the Seller due to defects can only be exercised within the time limits provided below:

(i) for the sale of Goods that directly caused a defect in a building (subject to them having been used in an appropriate manner for the purpose for which they were sold) the period for exercising a claim shall be of ten (10) years following delivery.

(ii) for all other defects the period for exercising a claim shall be of three (3) years following the delivery of Goods or acceptance of work performed.


Sie möchten diese Information mit anderen teilen?

Marley Deutschland

Ich möchte diese Informationen über einen Social Network- oder einen Bookmark-Dienst teilen: