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.

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 diminish 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 manufacture 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 condition 3 the Company shall be entitled to avail itself of any one or more remedies listed in condition 12 without prejudice to condition 4.

3.9 The claims the Company may assert due to defects are subject to the following periods of limitation:

a) for services provided for a building or work whose result consists in the provision of planning and supervision services therefore: 6 years following acceptance of the work.

b) for items that were used for a building according to their normal purpose of use and which have caused the defectiveness of the building: 6 years following delivery.

c) in other respects, 3 years following the delivery of goods or acceptance of work performed.


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