TARGET COMMERCIAL INDUCTION HOBS
7(A) In the case of Goods manufactured by the Supplier, the Supplier warrants that on delivery and for 36 months from the date of delivery ("warranty period"), the Goods shall conform in all material repsects with the Specification and be free from material defects in design, material and workmanship.
7(B) Subject to clause 7(C), if:
(i) the Buyer gives notice in writing to the Supplier during the warranty period within reasonable time of discovery that some or all of the Goods do not comply with the warranty above; and
(ii) the Supplier is given a reasonable opportunity of examining such Goods; and
(iii) the Buyer (if asked to do so by the Supplier) returns such Goods to the Supplier's place of business at the Buyer's cost and/or agrees to the removal and reinstallation of the Goods at the Buyer's cost, then the Supplier shall, at its option, repair or replace the defective Goods, or refund the purchase price in full.
7(C) The Supplier shall not be liable for Goods' failure to comply with the warranty set out above if:
(i) the Goods have not been installed by an engineer approved or authorised by the Supplier; or
(ii) the Buyer makes any further use of such Goods after giving notice in accordance with clause 7(B); or
(iii) the defect arises because the Buyer failed to follow the Supplier's instructions as to the storage, commissioning, installation, use and maintenance of the Goods and/or good trade practice; or
(iv) the defect arises as a result of any drawing, design or Specification supplied by the Buyer; or
(v) the Buyer alters or repairs such Goods without the written consent of the Supplier; or
(vi) the defect arises as a result of fair wear and tear, wilful damage, negligence, abnormal storage or working conditions, or any unforeseeable event (including but not limited to civil commotion, fire, explosion, flood, corrosion, or damage in transit); or
(vii) the Goods differ from the Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
7(D) Except as provided in these clauses 7(B) and 7(C), the Supplier shall have no liability in respect of the failure of Goods manufactured by the Supplier to comply with the warranty above.
7(E) In the case of Goods sold by the Supplier but manufactured by a third party, the only obligation accepted by the Supplier will be to pass on to the Buyer by way of assignment or transfer (if and to the extent possible) the benefit of any manufacturer's or supplier's warranty the Supplier has received.
7(F) In the case of Services and Advice provided by the Supplier, the Supplier warrants that it will provide such Services and Advice with reasonable care and skill.
7(G) All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979 and save there the Customer is a person dealing as a consumer, within the meaning of the Unfair Contract Terms Act 1977) are, to the fullest extent permitted by law, excluded from the Contract.
7(H) The Buyer acknowledges that clause 7(E) is fair and reasonable given that the Supplier is not the manufacturer or producer of the Goods to which that clause relates and given that the Supplier itself only has the benefit of any manufacturer's or suppliers's guarantee or warranty in respect of such Goods.
7(I) If and to the extent that the Supplier has any legal obligation to the Buyer arising out of the quality, use or fitness for purpose of any Goods, breach of warranty or otherwise, the Supplier shall have no liability to the Buyer if;
(i) the Buyer makes any further use of such Goods after it discovers any defect; or
(ii) the Buyer fails to follow the Manufacturer's Recommendations for Use the Supplier's instructions or recommendations as to the storage, application or use of the Goods; or
(iii) the Buyer makes use of the Goods in abnormal conditions
7(J) Subject to clause 7(A) if and to the extent that the Supplier has any legal obligation to the Buyer arising out of the use, quality or fitness for purpose of any Goods, Breach of warranty or otherwise the Supplier shall at its option replace such Goods or refund the price of such goods at the pro rata Contract rate provided that, if the Supplier so requests and to the extent reasonably possible, the Buyer shall, at the Buyer's expense, return the Goods or the part of such Goods which are defective to the Supplier. Such refund or replacement shall be made by the supplier in full and final satisfaction of its obligation to the Buyer.
7(K) The Buyer is under duty to use, handle and store the goods in accordance with any Manufacturer's Recommendations for Use of instructions given by the Supplier.
Installation - Equipment should be installed by a qualified/authorised person and located as per the instructions. Supplied services (Gas, Electricity and Water) should meet the specification supplied with the equipment and conform to current regulations. Gas pressure must meet the specification in the installation manual.
Maintenance - Users are required to regularly clean equipment and ensure servicing is carried out when required. Gas equipment should be services at least annually.
Modifications - Any modification to the equipment will invalidate the warranty.
User Damage - Any damage to the equipment that affects its usage will invalidate the warranty. This includes use of incorrect cleaning agents.
Engineer visits are made between 8:00am and 4:30pm on weekdays (excluding public holidays). It is the customer's responsibility to ensure that the engineer can access the equipment to effect repairs.
In the course of the work being carried out on site it may be necessary to remove the appliance from its operation position. If the appliance is installed in such a way that it cannot be removed then it is the responsiblity of the customer to remove and re-install the appliance.
Waiting time and abortive calls will be charged to the customer.
3. General Exclusions
Electric (excluding equipment supplied with BS 1363 plugs) - All products must be connected to supplies with the correct voltage and phasing by a qualified electrician and comply with current regulations.
Water - Any issue identified as a result of the water supply, e.g. water pressure or water hardness is not covered by the warranty. De-scaling is chargeable to the customer. Filter systems must be capable of maintaining correct levels of treated water, and users must ensure filters are maintained regularly.
Specific General Exclusions:
- Damage to control knobs and buttons due to misuse
- Discolouration of components due to heat
- Resolving drainage problems where drainage does not meet requirements
- Lubrication of moving parts
- Corrosion caused by the use of chemical cleaners
- Replacement components due to internal contamination as a result of spillage or accumulation of grease/food debris due to lack of cleaning
- Cabinet, drawer and door seals are considered consumable items and will not be replaced under warranty
- Light bulbs and lens covers are considered consumable items and will not be replaces under warranty
- Enamel coated components if impacted sufficiently will crack or chip, such damage is not covered by the terms of this warranty
- Rectification where non-Target specified parts have been used
- Where user error is established
4. Additional exclusions by type
- Resetting of safety devices including fuses where no other fault exists
- Renewing of supply cable ends
- Chipped or damaged glass not reported at time of delivery
- Damage due to blocked, missing or obstructed air filters
5. Replacement units additional conditions
- Target may choose to replace a unit that requires repair
- Target reserve the right to send an engineer to attempt a repair before a replacement is offered
- If no fault is found Target reserves the right to charge for the replacement appliance. Acceptance of delivery of a new appliance is acceptance of this condition by the customer
- Any goods which have been replaced will belong to the Supplier. Any repaired or replacement goods will be covered for the remainder unexpired portion of the original warranty