a) EYG Commercial undertakes to repair or replace free of charge any item which proves to be defective due to the result of EYG Commercial supplying faulty materials or workmanship to the Purchaser during the relevant guarantee periods as set out below and subject to the other terms of this guarantee. The guarantee period is applicable from the date of installation or delivery (as appropriate).
b) EYG Commercial shall not be liable for loss, damage, deterioration, wear to the glazing or expense arising directly or indirectly out of or in connection with any of the following:
(i) inclement weather where it would not be reasonable to expect the product to withstand such weather without damage.
(ii) negligent acts or omissions of the Purchaser such as an accident or failure to comply with EYG’s recommendations or maintenance manual.
(iii) subsidence due to soil shrinkage or underground workings.
(iv) minor defects to plaster or brickwork due to settlement.
(v) the failure of glazing to reduce or eliminate condensation.
(vi) the failure of foundations or any part of the structure where these have not been constructed by EYG Commercial.
(vii) discolouration or frost damage to brickwork.
c) EYG Commercial takes all reasonable steps to preserve the appearance of the brass and lead used in the glazing, but by their nature both brass and lead will tarnish when exposed to the atmosphere. EYG Commercial’s guarantee does not therefore extend to cover either brass or lead. EYG Commercial recommends that the Purchaser regularly maintains such fitting to reduce as far as possible the effects of tarnishing.
d) Whilst EYG Commercial endeavours to ensure that the glazing confirms with samples and photographs and complies with BS6206 Class A, inevitably there may be minor imperfections in the products and in respect of coloured designs there may not be an exact match in the shade or colour depicted in brochures or samples. EYG Commercial shall not be liable to the Purchaser in respect of such minor deviations from specification.
e) All claims under the guarantee must be made in writing and sent to EYG Commercial head offices at Wiltshire Road, Dairycoates Industrial Estate, Kingston upon Hull, HU4 6QQ.
f) The guarantee contained in these Conditions of Sale is assignable, however EYG Commercial will not accept any liability under such guarantee unless the person seeking to rely on it is the original Purchaser or can produce a letter or chain of letters from the original Purchaser and subsequent Purchasers (where appropriate) transferring the benefit of the guarantee to the new owner or the property in question.
g) In the event that a payment due under this Contract has not been made on the due date by the Purchaser then the benefit of this guarantee will be suspended until such time as the appropriate payment is made.
h) EYG Commercial will accept no liability under such guarantee or otherwise in respect of losses arising from EYG Commercial’s faulty materials and workmanship not reasonably foreseeable as being a result of such breach of this Contract by EYG Commercial having due regard to any special requirements of the Purchaser at the time the Contract was entered into.
i) The Purchaser’s statutory rights are not affected by the terms of this guarantee and the Purchaser is advised that he may have rights in law against EYG Commercial despite the wording of this clause.
EYG Commercial offer the following product guarantees for all Commercial and Trade sales:
The workmanship of the installation for commercial projects carries a guarantee which is at all times limited to the defects liability period. If no period is specifically stated, the guarantee is limited to 12 months from the date of practical completion of the installation.
On expiry of the defects liability period it is the end user/client responsibility to agree and enter into an annual service agreement with any manufacturers of automatic gear.
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