14. PRODUCT WARRANTY
14.1 The Company warrants that light fittings supplied will be free of manufacturing defects and will perform to specifications subject to the following terms and conditions:
14.1.1 Extent of Warranty: This warranty extends only to the owner of the property in which the light fitting is installed (“Owner”) for the duration of the Warranty Period.
14.1.2 Warranty Period: This warranty commences on the date of the installation of the light fitting and continues for the benefit of the Owner for a period of one (1) year from the date of installation (“Warranty Period”).
14.1.3 Nature and Ambit of Warranty: If within the Warranty Period either a manufacturing defect is discovered in a light fitting or a light fitting fails to perform to specifications as a result of some defect in material or workmanship on the part of the Company(“Defect”) then the Company will, at its option, either:
• repair the light fitting at no cost to the Owner;
• or supply a replacement light fitting on an F.I.S. basis.
14.1.4 Warranty Limitations:
(a) The Company will be under no liability whatsoever if the light fitting:
(i) has not been installed by a qualified tradesperson; or
(ii) has been subject to misuse, neglect, negligence or accident; or
(iii) has been operated in any way contrary to any operating or maintenance instructions; or
(iv) has been improperly handled, installed or maintained, or
(v) has been altered or modified.
(b) This warranty does not cover any lamps, tubes, starters, control gear or other components of light fittings that are subject to manufacturers' guarantees.
(c) To the extent that the law permits or allows the Company to exclude or limit its liability, the Company under this warranty:
(i) will accept no responsibility for loss or damage (including consequential or special loss or damage) howsoever caused (whether by negligence or otherwise) which may be suffered or incurred or arise directly or indirectly in respect of any Defect; and;
(ii) where warranties or conditions are implied by law, limits its liability to repair or replacement of the light fitting.
(d) To the extent that the law permits or allows the Company to exclude or limit its liability:
(i) its undertaking in paragraph 14.1.3 is the sole extent of the Company’s liability in respect of any Defect in a light fitting; and
(ii) except as expressly provided in this warranty, all terms, conditions, warranties, undertakings, inducements and representations, whether express or implied, statutory or otherwise, are excluded.
14.5 The Company shall not be liable for and the Customer releases the Company from any claims in respect of faulty or defective design of Goods supplied unless such design been wholly prepared by the Company and the responsibility for any claim has been specifically accepted by the Company in writing. In any event the Company's liability hereunder shall be strictly limited to the replacement of defective parts in accordance with these Conditions.
14.6 Subject to these Conditions, all express and implied warranties, guarantees and Conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are hereby expressly excluded and the Company shall not be liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the Goods or arising out of the Company's negligence or in any other way whatsoever.