7.1 Except where TDSi may otherwise expressly provide in writing and subject to clause 7.2, TDSi warrants its eX series products (excluding any software) for three years and all other products for a period of fifteen months from the date of manufacture (“the Warranty Period”) that:
7.1.1 The System shall be free from defects in design, workmanship and materials (other than defects attributable to ordinary wear and tear) and, where applicable, shall meet the specifications referred to in the Special Conditions. If the System does not conform to such a warranty TDSi shall at its option:
(a) repair or replace the System or the relevant part of it found by TDSi in its sole judgement not to conform to the warranty (all parts replaced by TDSi becoming the property of TDSi); or
(b) take such steps as TDSi deems necessary to bring the System into a state where it is free from such defects or meets such specifications.
7.1.2 The Software shall conform to its published specification (although no warranty is given that use of the software will be uninterrupted or error free) and if it does not, TDSi shall, at its discretion, replace the software or correct it so that it conforms to the specification.
7.2 If the System or any part thereof is the subject of a third party manufacturer’s guarantee, then the Warranty Period shall be restricted in duration to the length of the unexpired period of such third party manufacturer’s guarantee.
7.3 Subject as herein provided, the aggregate liability of TDSi in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall in no event exceed the price payable or paid by the Buyer for the System and/or the Software and performance of either one of the options in clause 7.1 above under the above warranties shall constitute an entire discharge of TDSi’s obligations under the above warranties.
7.4 The above warranties are conditional upon the Buyer:
7.4.1 providing TDSi with adequate written notice of the alleged defect within the Warranty Period;
7.4.2 affording TDSi reasonable opportunity to inspect the System on Site or returning the software;
7.4.3 installing, using and maintaining the System and/or the Software in accordance with any instructions or recommendations of TDSi it is serviced annually by TDSi or a person approved by TDSi and not subjecting the System and/or the Software to any abnormal or excessive use or to misuse, abuse, neglect, accident, improper alteration or modification or negligence in use, storage, transportation or handling.
7.4.4 As regards defects in design the design in question not having been made, furnished or supplied by the Buyer.
7.5 If any claim made under the above warranties is found not to be covered by it any costs of investigation, repair or replacement shall be paid by paid by the Buyer.
7.6 The above warranties may not be assigned without prior written consent of TDSi.
7.7 Where the Special Conditions include the giving by TDSi of a ‘Lifetime Warranty’ then this shall mean a warranty given by TDSi on the above terms but where the Warranty Period is for the expected life of the System as notified in the relevant trade literature specified by TDSi and which relates to the System; or, if not so specified, a maximum of five years from the date of delivery.
