11.1 The Seller will make every effort to ensure that the Goods supplied will be of satisfactory quality and warrants that the Goods will be free from defects in materials and workmanship for a period of 24 (twenty-four) months from the date of delivery for products manufactured by the Seller or bearing the brand names Broadcasters Warehouse; for all other products the period will be 12 (twelve) months from the date of delivery unless the manufacturer of the product offers a longer period.
11.2 The Seller shall be under no liability:
(a) in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer;
(b) in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or written), misuse or alteration or repair of the Goods without the Seller’s approval;
(c) if the total price for the Goods has not been paid by the due date for payment; or
(d) in respect of parts or materials not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any warranty or guarantee which is given by the manufacturer to the Seller.
11.3 Any claim by the Buyer based on any defect in the quality or condition of the Goods or their failure to correspond with the agreed specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 7 (seven) days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the contract price as if the Goods had been delivered in accordance with the Contract.
11.4 Where any valid claim in respect of any of the Goods (which is based on any defect in the quality or condition of the Goods or their failure to meet the agreed specification) is notified to the Seller in accordance with these Conditions, the Seller shall (subject to (i) the Seller giving its prior written consent to return of the Goods, and (ii) the Buyer returning the Goods at its own expense to such location as the Seller may notify in writing with details of the invoice covering the purchase and a description of the problem) be entitled to repair or replace the Goods (or the part(s) in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
11.5 In no circumstances shall the Seller’s liability to the Buyer for any breach of warranty exceed: (a) in respect of any damage to or loss of tangible property caused by defective Goods, a total of £25,000 (twenty-five thousand pounds); and (b) in respect of any other loss or damage, whichever is the greater of: (i) the price paid for the Goods in respect of which the claim is made; and (ii) any sum recovered by the Seller from its own supplier (after having used all reasonable endeavours to make such recovery) in respect of the defective Goods or part thereof.
11.6 Except as provided for in these Conditions, there are no warranties, express or implied, of satisfactory quality or of fitness for a particular purpose, or of any other kind except as to title. In particular, all conditions and warranties which would otherwise be implied by statute or under the common law are hereby excluded to the fullest extent permitted by law.
11.7 The Seller shall under no circumstances be liable for loss of profits, revenue or business opportunity, whether direct or indirect or for any other indirect, special or consequential loss (including loss of anticipated profit or third party claims) howsoever arising either from breach or non-performance of any of its obligations under the Contract or from the supply of or intended use of the Goods, even if the Seller has been advised of the possibility of such potential loss, except that the Seller shall be liable for loss arising from death or personal injury resulting from the proven negligence of the Seller.
11.8 All recommendations and advice are given by or on behalf of the Seller to the Buyer as to methods of storing, using or applying the Goods, the purposes for which the Goods may be applied and the suitability of using the Goods in any manufacturing process or in connection with any other materials are given for guidance only.