1. If upon delivery any of the Goods are found to be defective in any material respect and either the Customer or Reseller lawfully refuses delivery of the defective Goods or, if the Goods are signed for upon delivery as “condition and contents unknown,” the Customer or Reseller notifies the Supplier in writing of the defect within 7 (seven) business days of such delivery, the Supplier may, at its discretion, choose to:
1.1 After receiving notification from the customer or reseller, replace the defective goods within 14 (fourteen) business days; or
However, the Supplier shall have no further liability to the Customer or Reseller in respect of such defective Goods, and the Customer or Reseller may not reject the Goods if delivery is not refused or notice is not given by the Customer or Reseller as specified above. 1.2 refund to the Customer or Reseller the price for those Goods (or parts thereof, as appropriate).
2. Without the Supplier’s prior written consent, no Goods may be returned to the Supplier. Subject to said clause, any goods returned that the supplier determines were delivered with flaws in quality or condition that would not be apparent upon inspection will either be replaced free of charge or, at the supplier’s sole discretion, the supplier will refund or credit the price of such defective goods to the customer or reseller, but the supplier will have no further obligation to the customer or reseller.
3. The Supplier shall not be responsible for any defect resulting from reasonable wear and tear, willful damage, negligence, exposure to normal conditions, failure to follow the Supplier’s instructions (whether oral or written), misuse of the Goods, alterations made to the Goods without the Supplier’s prior approval, or any other act or omission on the part of the Customer or Reseller, its employees or agents, or any other third party.
4. Goods returned by the customer or reseller and accepted by the supplier, excluding faulty goods returned under clauses 1 or 2, may be credited to the customer or reseller at the supplier’s sole discretion and without any obligation on the part of the supplier.
5. All guarantees, conditions, or other terms implied by statute or common law are excluded to the fullest extent permitted by law, except only to what is specifically specified in these Terms and Conditions and except where the Goods are supplied under a consumer sale.
6. The Customer or Reseller shall be responsible for ensuring that any use or sale of the Goods by the Customer or Reseller is in compliance with all applicable statutory requirements and that handling and selling of the Goods by the Customer or Reseller is carried out in accordance with instructions given by the Supplier or any competent government.