S&E Caretrade t/a Ramblegard (hereafter known as Ramblegard) warrants that on delivery, and for the product’s ‘lifetime’ being in each case a period of [12] months from the date of delivery (warranty period) the products shall:

  • Conform in all material respects with their description [and any applicable specification]; and
  • Be free from material defects in design, material and workmanship[; and]
  • Be of satisfactory quality (within the meaning of the sale of goods act 1979); and
  • Be fit for any purpose held out by the supplier.

Subject to clause 1.3, if:

  • The customer gives notice in writing to Ramblegard during the warranty period within a reasonable time of discovery that some or all of the products do not comply with the warranty set out in clause 1.1;
  • Ramblegard is given a reasonable opportunity of examining such products; and
  • The customer (if asked to do so by Ramblegard) returns such products to Ramblegard’s place of business at the supplier’s cost,
  • Ramblegard shall, at its option, repair or replace the defective products, or refund the price of the defective products in full.

    Ramblegard shall not be liable for the products’ failure to comply with the warranty set out in clause 1.1 in any of the following events:

    • The customer makes any further use of such products after giving notice in accordance with clause 1.2
    • The defect arises because the customer failed to follow Ramblegard’s oral or written instructions as to the storage, commissioning, installation, use and maintenance of the products or (if there are none) good trade practice regarding the same;
    • The customer alters or repairs such products without the written consent of Ramblegard;
    • The defect arises as a result of willful damage, negligence, or abnormal storage or working conditions; or
    • The products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
    • Except as provided in this clause 1, Ramblegard shall have no liability to the customer in respect of the products’ failure to comply with the warranty set out in clause 1.1.

      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.

      These conditions shall apply to any repaired or replacement products supplied by Ramblegard.