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Terms & Conditions 8. WARRANTIES AND LIABILITY 8.1.1 Subject to the provisions set out below, Acttron warrants that if Acttron (who shall act reasonably) is satisfied that (a) any item of the Goods is, and was at the time of delivery, defective as to material or workmanship, or as to a failure to meet specification, and (b) within a reasonable time after discovery of the defect and in any event within the relevant warranty period (which shall be twelve months from delivery unless otherwise agreed in Writing), the Buyer has followed the Acttron Procedures so far as applicable in relation to the defect, then Acttron shall repair or replace that item (or the part in question) free of charge, subject to availability of spares or parts, or credit the price of the Goods or an appropriate part of it. This warranty shall not be assignable save with the prior consent of Acttron in Writing. 8.1.2 Acttron provides that the warranty on all Goods supplied under these Conditions shall be limited to the warranty provided by the supplier or manufacturer, details of which will be supplied to the Buyer upon sale via the Acttron Procedures but any failure on the part of Acttron to comply with the obligation to so inform shall not affect the provision of the limited warranty contained herein. 8.1.3 Acttron warrants that all Services will be provided using reasonable skill and care and, as far as possible, in accordance with the Order. 8.2 The above warranties are given by Acttron subject to the following conditions: 8.2.1 Acttron shall be under no liability in respect of any defect in the GSS (Goods Services Supplied) arising from any drawing, design or specification supplied by the Buyer; 8.2.2 Acttron shall be under no liability in respect of any of the following after the passing of risk in the Goods and/or Software to the Buyer: fair wear and tear, wilful or accidental damage, negligence, alteration or repair of the Goods and/or Software without Acttron's approval in Writing, failure to follow the manufacturer's or Acttron's instructions (whether oral or in Writing) or, without limiting the foregoing, the use or handling of the Goods and/or Software without a high standard of care (for which purpose the Buyer acknowledges that the Goods must not be moved while in operation or subjected to any physical or electromagnetic or electrostatic shock and that they should be used, handled and maintained in accordance with any applicable instructions of Acttron or the manufacturer supplied to the Buyer and the Buyer shall treat the Goods accordingly and require its customers to do so); 8.2.3 Acttron shall be under no liability under the above warranties (or any other warranty, Condition or guarantee) if the total price for the GSS has not been paid by the due date for payment; 8.2.4 if and to the extent that Acttron has the benefit of any warranty or guarantee recourse against the manufacturer or supplier which extends beyond the scope of the warranty set out in Condition 8.1 above, Acttron may, at its discretion and subject to the Buyer bearing any associated costs and expenses, pursue recourse and make the benefit available (but not by way of assignment) to the Buyer; 8.2.5 the Buyer shall indemnify Acttron against all liabilities, losses, damages, costs and expenses incurred by Acttron and arising directly or indirectly out of or in connection with any invalid warranty claim made by the Buyer under Condition 8.1; 8.2.6 Acttron shall not be liable for any loss of, damage to or disclosure of data either contained in Goods and/or Software returned to Acttron for any reason whatsoever or arising from the supply of Services by Acttron (and it is the Buyer's responsibility to take all adequate back-up precautions to include, but not limited to, the taking of back- up copies of any such data and the removal of confidential data); 8.2.7 any replacement item need not be new but shall be of a condition which is comparable to that of the original and may be the same as, or similar to, or better than, the original; 8.2.8 the warranty shall apply to the repaired item or replacement item for a period of two months or the balance of the warranty period applicable to the original item whichever is the longer; 8.2.9 as between Acttron and the Buyer the results of independent testing by the manufacturer or the manufacturer's agent shall be conclusive as to the cause of any failure and Condition 8.2.5 shall apply accordingly. 8.3 The Buyer recognises that the Goods and/or Software require careful handling and storage and warrants that only competent employees or agents shall be used to handle the Goods and/or Software and that they shall do so in accordance with the instructions referred to in Condition 8.2.2 above. 8.4 The Buyer shall indemnify Acttron against any liability by ensuring that all warning labels and instructions applicable to Goods and/or Software are not tampered with and/or removed before such Goods and/or Software are sold on or otherwise transferred to any third party and shall record all serial numbers of the Goods and/or Software and ensure that proper records are kept to enable the Goods and/or Software to be traced to any such third party. 8.5 It is acknowledged by the Buyer that the limited liability accepted by Acttron is appropriate in view of the Buyer's own expertise in dealing with the GSS and that such limitations and exclusions of liability are reasonable. 8.6 Nothing in these Conditions will affect any statutory rights of a consumer. 8.7 Acttron shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential or economic loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (and whether by the negligence of Acttron, its employees or agents or otherwise) which arise out of or in connection with the supply of the GSS or the use or resale by the Buyer of the Goods and/or Software, except as expressly provided in these Conditions. 8.8 Acttron shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Acttron's obligations in relation to the GSS, if the delay or failure was due to any cause beyond Acttron's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond Acttron's reasonable control : 8.8.1 act of God, explosion, flood, tempest, fire or accident; 8.8.2 war or threat of war, terrorism, sabotage, insurrection, civil disturbance or requisition; 8.8.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority (including without limitation any matters of the nature referred to in Condition 2.6 above); 8.8.4 import or export regulations or embargoes; 8.8.5 strikes lock-outs or other industrial actions or trade disputes (whether involving employees of Acttron or of a third party); 8.8.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery; 8.8.7 power failure or breakdown in machinery. 8.9 Should for any reason any court or judicial authority deem the exclusions and limitations contained in these Conditions to be unreasonable or unenforceable then the maximum liability of Acttron (in tort or contract) shall be the amount paid to and retained by Acttron under the Contract. 8.10 Without limiting the generality of the foregoing, in submitting each Order the Buyer shall be deemed to represent and warrant that it is in the business of dealing in, or manufacturing, assembling or configuring computer hardware, software or related products and that it has sufficient expertise and qualifications to form its own assessment of the qualities and characteristics of the GSS (including without limitation their merchantability, fitness for required purpose, compatibility with other products, compliance with standards and networkability, as appropriate); and 8.11 Before using or disposing of them or returning them to Acttron, the Buyer shall scan and otherwise check the Goods and/or Software and any back-up or replacement goods supplied by Acttron and any associated software, media and data for computer viruses and other inherent defects and shall require its customers to do so. Acttron shall not be liable for, and the Buyer shall indemnify Acttron against, any liability, losses, damages, costs and expenses arising directly or indirectly out of or in connection with the Buyer's failure to scan or otherwise check the Goods and/or Software (or to do so adequately) for the presence of any such virus or defect. 8.12 Should Acttron provide any information relating to the compliance of any GSS with any applicable millennium standard or otherwise Acttron does so only on the basis that it is passing on such information in good faith from the supplier or manufacturer of the GSS to the Buyer and Acttron makes no guarantee or warranty relating to the accuracy of any such statement, and excludes liability relating thereto. The Buyer further expressly acknowledges that the compliance of any GSS with any applicable standard may be dependent on the interoperation of such GSS with other equipment, firmware or software and confirms that it has established such interoperability or compliance of an entire system with such standards prior to making such Order.