- The Customer must inspect the Goods immediately upon delivery and must within seven (7) days after the date of inspection give written notice to the Supplier with particulars, of any claim that the Goods are not in accordance with this agreement. Further, the Customer must, upon request from the Supplier, allow the Supplier to enter upon any premises occupied by the Customer to inspect the Goods that are subject of the claim. If the Customer fails to give notice or refuses to allow the Supplier to inspect the Goods, then to the extent permitted by law, the Goods must be treated as having been accepted by the Customer (and the Customer shall have no claim against the Supplier for damage or non-conformity of the Goods with these terms and conditions or any agreement between them) and the Customer must pay for the Goods in accordance with these terms and conditions.
- The Customer cannot return Goods to the Supplier without the written agreement of the Supplier.
- After inspection has taken place as provided for by clause 27 (but subject to clause 28):
(a) if the Supplier reasonably determines that:
(i) the Goods are not damaged; or
(ii) the Goods were damaged by the Customer or the Customer failed to take reasonable steps to prevent the Goods from becoming damaged; and
(iii) the Goods are otherwise in conformity with these terms and conditions,
the Customer is deemed to have accepted the Goods and the Supplier is entitled to the Price.
(b) if the Supplier reasonably determines that:
(i) the Goods are damaged; and
(ii) the Goods were not damaged by the Customer and the Customer did not fail to take reasonable steps to prevent the Goods from becoming damaged; or
(iii) the Goods are otherwise not in conformity with these terms and conditions,
the Customer is entitled to any one or more, at the option of the Supplier:
(i) the replacement of the Goods or the supply of equivalent Goods;
(ii) the repair of the Goods;
(iii) the payment of the cost of replacing the Goods or acquiring equivalent Goods;
(iv) the payment of the cost of having the Goods repaired.
- Where Goods are the subject of a notice under clause 27:
(a) the Customer must leave the Goods in the state and condition in which they were delivered until such time as the Supplier or its duly authorised agent has inspected the Goods; and
(b) such inspection must be carried out within a reasonable time after notification by the Customer.
- The Customer acknowledges and agrees that any return, other than a return due to a default by the Supplier under this agreement or as otherwise permitted by law, will incur a handling and administration charge of ten (10) percent of the purchase price of the returned Goods.
- Unless otherwise agreed in writing between the parties, the Customer must pay all costs associated with the return of any Goods (either to the Supplier or from the Supplier to the Customer or any third party) including freight, insurance, handling and other charges. Goods to be returned to the Supplier must be packed and wrapped appropriately and must include all original packaging and documentation. The Supplier accepts no liability for any damage that occurs to any Goods in return transit.