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Technical
Conditions of Sale
Our exhaustive Conditions of sales are available on our website under (see below web
address), or by request by calling your local sales office.
www.havells-sylvania.com/terms-and-conditions
Product Specifications
Seller reserves the right to make any changes to the Product Specification, that is
required to conform with any applicable statutory or EU requirements.
Unless otherwise specifically agreed to in writing by the Seller, all descriptive and
forwarding specifications, drawings and particulars of weight and dimension issued by
Seller are approximate only and are intended to present a general idea of the Products
to which they refer and shall not form any part of any contract.
Warranty; Claims; Limitation of liability
Subject to the conditions set out below, Seller warrants that on delivery and for a period
of 24 months from the date of delivery, the Products shall:
correspond to the Product Specifications agreed to in writing by Seller; and be free from
defects in design, material and workmanship, unless otherwise indicated by Seller in the
product specification or elsewhere.
Subject to clause 9.3 if: Buyer gives notice in writing to Seller during the warranty
period set out in clause 9.1 above and within a reasonable time of discovery that some
or all of the Products do not comply with the warranty set out in clause 9.1;
Seller is given a reasonable opportunity of examining such Products;
Buyer (if asked to do so by Seller) returns such Products to Seller’s place of business at
Buyer’s cost,
Where we consider that the Product is covered by this warranty, we will repair and/or
replace ONLY the defective lamp(s) within a reasonable period of time. Further warranty
is excluded unless compulsory required by law. For the avoidance of doubt, “repair or
replace the defective lamps” does not include any removal or reinstallation activities,
costs or expenses, including without limitation, labor costs or expenses.
Seller shall be under no liability in respect of any defect in the Products arising from:
any drawing, design or any Buyer Specification supplied by Buyer;
Buyer making any further use of the Products after giving notice in accordance with
clause 9.2;
normal wear and tear, wilful damage, negligence, abnormal storage or working
conditions, improper handling, third party interference (e.g. improper installation,
overuse, excess voltage or frequency oscillations);
failure to follow Seller’s instructions (whether oral or in writing) as to the storage,
commissioning, installation, use and maintenance of the Products or (if there are none)
good trade practice;
misuse, alteration or repair of the Products without the Seller’s approval.
For the avoidance of doubt, the above warranty does not extend to parts, materials or
equipment not manufactured by Seller, in respect of which Buyer shall only be entitled
to the benefit of any such warranty or guarantee as is given to Seller by the third party
manufacturer
Except as set out in these Terms, all warranties, conditions and other terms implied by
statute or common law are, to the fullest extent permitted by law, excluded from the
Contract.
These Terms shall also apply to any repaired or replacement Products supplied by Seller.
Nothing in these Terms shall limit or exclude Seller’s liability for:
death or personal injury caused by its negligence; or fraud or fraudulent
misrepresentation.
Subject to clause 9.6, Seller shall not be liable to Buyer, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, for any loss of profit
or indirect or consequential loss or damages arising under or in connection with the
Contract.
Patents
Between the Buyer and the Seller, all Intellectual Property Rights and all
other rights in the Deliverables and materials shall be owned by the Seller.
Where necessary, the Seller licenses all such rights limited to the Buyer free of charge
and on a non-exclusive, royalty free rights of the IP to the extent as is necessary to
enable the Buyer to make reasonable use of the Deliverables and the Services.
Should Products sold by Seller be the subject to a claim for patent infringement, Seller
may, at its sole option and expense, either procure for Buyer the right to continue using
said Product, or modify same so that it becomes non-infringing, or replace it with non-
infringing Product, or remove the Product and refund the purchase price paid by Buyer.
Buyer agrees to defend and indemnify Seller from and against any liability for or on
account of any infringement or alleged infringement of any patented or unpatented
inventions or trade secret with respect to (i) any use of Products by Buyer or their
customers, including without limitation use of Products alone or in combination with
other components or (ii) Products furnished, or methods used by Seller, in accordance
with specifications or instructions furnished by or expressly or implicitly prescribed by
Buyer.
Design ownership
Any specifications, drawings, or other technical information, data, tools, dyes, patterns,
masks, test equipment, software and any other item designed, supplied, or created
by Seller in performance of Buyer’s order, (the “Creative Elements” shall remain the
exclusive property of Seller, and no right, title or license in any such item or design is
hereby granted to Buyer and Buyer is prohibited from copying or using the Creative
Elements without Seller’s prior written consent.
Privacy policy
The Customer acknowledges and agrees that details of the Customer’s name, address
and payment record may be submitted to a credit reference agency, and personal
data will be processed by and on behalf of the Seller in connection with the Services.
Information may also be used for marketing activity and will be held on our customer
database.
Havells Sylvania endeavours to respect the confidentiality of any personal data provided
and to use them in line with the UK Data Protection Act 1998. This policy also applies
to the above mentioned credit reference agencies Havells Sylvania works with. For
further information please consult our privacy policy which is accessible on our company
website
www.havells-sylvania.com
or upon request a copy will be provided.