Warranties and Remedies
Last updated: August 22, 2016
1.1 Subject as expressly provided in these Conditions all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.
1.2 Subject to Warranties and Remedies Condition, Jannlex Corporation Sdn Bhd warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 12 months commencing from the date on which the Goods are delivered or deemed to be delivered (“Warranty Period”). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), Jannlex Corporation Sdn Bhd further gives to the Buyer such implied warranties as cannot be excluded by law.
1.2.1 Jannlex Corporation Sdn Bhd ’s above warranty concerning the Goods is given subject to the following conditions:
(a) No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Jannlex Corporation Sdn Bhd .
(b) Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.
(c) Jannlex Corporation Sdn Bhd binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Jannlex Corporation Sdn Bhd ‘s opinion in that behalf. Jannlex Corporation Sdn Bhd does not give any warranty as to the quality state condition or fitness of the Goods.
(d) Jannlex Corporation Sdn Bhd shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of de-fects, alteration of the Goods without the prior agreement of Jannlex Corporation Sdn Bhd , addition and insertion of parts, in particular of spare parts which do not come from Jannlex Corporation Sdn Bhd .
(e) Jannlex Corporation Sdn Bhd shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow Jannlex Corporation Sdn Bhd ‘s instructions (whether oral or in writing) misuse or alteration or repair of the Goods without Jannlex Corporation Sdn Bhd ‘s approval.
(f) Jannlex Corporation Sdn Bhd is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Jannlex Corporation Sdn Bhd ’s prior written approval and the Buyer shall indemnify Jannlex Corporation Sdn Bhd against each loss liability and cost arising out of such claims.
(g) Jannlex Corporation Sdn Bhd shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment.
(h) Jannlex Corporation Sdn Bhd shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.
1.2.2 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to Jannlex Corporation Sdn Bhd within seven days from the date of receipt of the Goods or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. During use, the Goods shall be monitored constantly with regard to safety and defects. If there are even slight reservations concerning the suitability for use or the slightest reservations concerning safety, the Goods must not be used. Jannlex Corporation Sdn Bhd shall be given written notification immediately, specifying the reservations or the defect. However in no event shall the Buyer be entitled to reject the Goods on the basis of any defect or failure, except where the failure is such that the Goods delivered are of a fundamentally different nature than those which Jannlex Corporation Sdn Bhd had contracted to deliver.
1.2.3 If the Buyer does not give due notification to Jannlex Corporation Sdn Bhd in accordance with the Condition 1.2.2, Jannlex Corporation Sdn Bhd shall have no liability for any defect or failure or for any consequences resulting therefrom. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet a specification is notified to Jannlex Corporation Sdn Bhd in accordance with Condition 1.2.2, the non-conforming Goods (or part thereof) will be repaired or replaced free of charge as originally ordered. Where the Goods have not been repaired or replaced within a reasonable time, despite a written warning from the Buyer, the Buyer shall be entitled to a reduction of the price in proportion to the reduced value of the Goods, provided that under no circumstance shall such reduction exceed 15% of the price of the affected Goods. In lieu of repair or replacement, Jannlex Corporation Sdn Bhd may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair, replacement or price reduction being made as aforesaid, the Buyer shall have no further claim against Jannlex Corporation Sdn Bhd
1.2.4 When Jannlex Corporation Sdn Bhd has provided replacement Goods or given the Buyer a refund, the non-conforming Goods or parts thereof shall become Jannlex Corporation Sdn Bhd ’s property.