Our Guarantee
Where the goods are of a kind ordinarily acquired for personal, domestic or household use in accordance with the Consumer Guarantees Act 1993 and the Consumer Guarantees Act 1993 applies to this contract:
1 if any of the goods fail to comply with any guarantee in the Consumer Guarantees Act, Cellmate will repair or replace those goods within 1 year of purchase.
2 without excluding Cellmate’s obligations under the Consumer Guarantees Act 1993, the Customer acknowledges that Cellmate does not provide any Express Guarantees (as defined in that Act) other than those expressly confirmed by Cellmate in writing.
3 if the goods are acquired by the Customer for business purposes, the Customer agrees that the Consumer Guarantees Act 1993 does not apply.
4 if the Customer supplies the goods in trade to a person acquiring them for business purposes, it must be a term of the Customer's contract that the Consumer Guarantees Act 1993 does not apply in respect of the goods and
5 if the Customer supplies the goods to any person, the Customer must not give or make any undertaking, assertion or representation in relation to the goods without Cellmate's prior approval in writing, and the Customer agrees to indemnify Cellmate against any liability or cost incurred by Cellmate under the Consumer Guarantees Act 1993 as a result of any breach by the Customer of these obligations.
6 The following terms apply wherever the Consumer Guarantees Act 1993 does not apply to this contract, or where the following terms are not inconsistent with the Consumer Guarantees Act 1993:
6.1 Defective goods or goods which do not comply with the contract may at Cellmate’s discretion be repaired or replaced, or the price refunded.
6.2 Any right which the Customer may have to reject non-conforming or defective goods will only be effective if:
6.3 the Customer notifies Cellmate in writing within seven days following delivery and Cellmate is given the opportunity to inspect the goods and
6.4 the goods are returned unused, re-saleable and/or in the condition the Customer received them.
7 Cellmate accepts no liability for any claim by the Customer or any other person, including without limitation any claim relating to or arising from:
7.1 Any conditions, warranties, descriptions, representations, conditions as to fitness or suitability for any purpose, tolerance to any conditions, merchantability or otherwise, whether express or implied by law, trade custom or otherwise or
7.2 Any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by Cellmate in writing or
7.3 Any services forming part of the supply of the goods which have been performed by any third party; and the Customer agrees to indemnify Cellmate against any such claim.
7.4 In any event, Cellmate's liability under any claim shall not exceed the price of the goods. 8 Nothing in these terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act.
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