Warranty and Conditions of Trading
Limited Warranty for Continental products and accessories (singularly or collectively the “Product” or “Products”).
1. Warranty Cover
This warranty is for defects due to faulty material or bad workmanship in all Products manufactured, sold or certified by Continental and with which this limited warranty is included in/ on the package, subject to the following exceptions and exclusions:-
Consumables, filters, oxygen sensors, printer paper, printer cartridges, keyboard, mouse, infrared & BT dongles, cables, batteries, oil probes, temp probe, RPM clamps/ probes, hoses, sample probes are excluded.
Batteries. This warranty does not extend to batteries, except rechargeable batteries which are ONLY covered during the initial thirty (30) day 'start up period'.
Software Exception. This warranty extends only to physical defects in the media (such as CD-ROM) that tangibly embodies each copy of any software sold or licensed and/or certified by Continental for use with its Products. All other warranties in respect of software are excluded to the fullest extent permitted by law.
2. Period of Cover
Subject to the following exceptions, Products are covered under this warranty for twelve (12) calendar months from the date purchased by the Customer:
90-Day Warranty Exception. The warranty is for 90 days only for: (a) all external cables or connectors* not physically mounted to the Product or (b) any external sensors (such as current clamps or RPM pick ups)
Extended Product Warranty Exception. Certain Products (identified in the price list) are guaranteed for longer periods from the date they are purchased by the Customer.
One (1) Year Warranty Exception. The warranty period is for one (1) year for all printers.
Repair / Replacement Exception. The residual warranty period on warranty repaired or replaced Products is for either; the balance of the original warranty period or for 90 days from the date returned and delivered to the Customer, whichever is the longer.
We give no guarantee in respect of any proprietary electrical or other equipment made by other manufacturers, and supplied with our Products but will so far as is possible, transfer the benefit of any guarantee, if any, given by such other manufacturers.
This warranty is only for the benefit of the first end user purchaser (the Customer) and is not transferable under any circumstance.
4. Correction of Warranty Problems
Continental Customer Support must be notified immediately about any Product which is alleged to be defective, whereupon we shall either issue instructions to return the Product to our factory for examination or where applicable, make alternative arrangements. For valid Product warranty claims we have the option to repair or replace the affected Products at no charge to you except for the return to base postage or courier costs. We may use functionally equivalent reconditioned/refurbished/pre-owned or new Products or parts. No software updates are automatically provided as a consequence of a warranty repair or replacement.
5. This Warranty is invalidated by:
Products that are operated in combination with ancillary or peripheral equipment or software not furnished with the Products. This includes batteries, chargers, adaptors, power supplies or third party software loaded to the system.
Products that have failed to be maintained in accordance to the Continental maintenance guide as described in the user manual or if applicable, where someone other than an Continental engineer (or authorised service personnel) tests, adjusts, installs, maintains, alters, modifies or services the Products in any way.
Products that have: (a) serial or date tags that have been removed altered or obliterated; (b) board serial numbers that do not match the housing; or (c) nonconforming housing or parts.
Defects or damage resulting from: (a) use of the Products in a manner that is not normal; (b) improper operation or misuse; (c) accident or neglect such as dropping the unit onto hard surface; (d) contact with water, rain, or extreme humidity or extreme heat.
6. This Warranty excludes
Physical damage to the surface of the Products, including scratches, cracks or other damage to the display screen or other externally exposed parts. Cables and pins that have been broken, bent or subject to excessive stress or wear.
IMPORTANT LIABILITY EXCLUSION
Continental are under no circumstances liable for any consequential, economic or other indirect loss or damage arising through any defect in the Products.
* For more information on warranty coverage contact Product Support on 01217251366 or email email@example.com.
The following terms and conditions shall apply to all orders placed with and accepted by Continental (hereinafter called 'Continental') by any customer (hereinafter called 'the Customer') to the exclusion of all and any other presented or purported terms belonging to the Customer, or whether pursuant to any estimate or otherwise and without any variation or addition save as is hereinafter expressly provided or as set out in writing and endorsed by the signatures of Continental and the Customer.
- All contracts made between Continental and the Customer shall be deemed to be made in England and shall be construed in accordance with English Law.
- Where a credit facility is given to the Customer, invoices must be paid according to the agreed payment terms. No discount may be taken for cash or accelerated payment or for any other reason including set off, unless expressly agreed in writing between the parties. Continental reserves the right at their sole discretion to cancel or amend credit terms to any Customer with immediate effect and without giving a reason.
- Without prejudice to other remedies, Continental reserves the right to recover from the Customer any legal costs incurred in the proper pursuit of monies owed by the Customer to Continental and to charge interest in line with the Late Payment of Commercial Debt Act. Title in the Products supplied will only pass to the Customer when the Customer has paid all that is owing to Continental under the relevant contract of sale and until that time the Customer shall store the Products in such manner as to make them clearly identifiable as Continental's property, insure them and take all necessary precautions to keep them safe from theft loss or damage. The Customer will hold such Products as bailee and will protect Continental's title to the Products against claims by third parties. Should the Customer pass the Products on or incorporate them into other goods Continental shall have a lien on the said goods or such proportion of the goods as is represented by the value of the Products until the Customer's debt to Continental is fully discharged. A like lien shall apply to any Products supplied by Continental to the Customer for which the Customer has not made payment in full.
- Continental undertakes to repair, or, at Continental's option, to replace, or to refund the purchase price of defective Products supplied by Continental, provided that written notice of the defect is received within the specified warranty period of the Products. The return of Products to Continental shall be the responsibility and at the cost of the Customer. Other than the foregoing guarantee, no liability will be accepted by Continental for any damage or loss, consequential or otherwise, due to the supply, offer to supply or failure to supply any of the Products or services or failure to advise or ensure the fitness for the purpose of any Products or service or information that shall be provided by Continental, or the use or misuse of such by the Customer. The foregoing guarantee shall be void in the event, that any of the warranty conditions are not satisfied.
- Carriage and any export/import charges where applicable, are chargeable except where stated in the price list or agreed in writing. Where carriage or other shipping fees are chargeable the cost is added to the invoice value. Otherwise, all prices quoted are ex works and exclusive of carriage, packing, insurance charges and value added tax. Responsibility for insuring Products purchased rests with the Customer from the point at which Products leave Continental premises unless otherwise agreed in writing. At the Customer's request, Continental will insure Products in transit and invoice the Customer for the cost of such insurance. Damages or shortages to a consignment must be signed for as such on the relevant delivery documentation and a claim made on the carriers in writing within three days of delivery. Where Continental vehicles are used, the driver must be notified at the time of delivery and the consignment note marked to indicate the damage or shortages. The practice of signing for the Products unexamined does not absolve the Customer from this condition. The Customer is responsible for unloading at the delivery destination.
- Goods consigned to the order of end-users and/or distributors render them liable for all carriage and handling charges incurred, if delivery of Products is refused on arrival at specified destination.
- Continental reserves the right to amend prices without notice and the prices invoiced will be those ruling at the date of supply.
- The Customer shall not be entitled to cancel the contract or the further performances thereof, save with the prior written consent of Continental. Then upon such terms as Continental may require by way of indemnity or compensation for any loss, (including loss of profit) damage, cost or expense which Continental may have suffered or incurred by reason for such cancellation and for any cost or expense which Continental may have incurred prior to such cancellation or in the anticipated performance of the contract.
- All specifications, measurements, brochures and references to power and performance of the Products the subject of this contract are approximations or estimates for guidance only and may be varied by Continental at any time without notice.
- Delivery dates, where given, are Continental's estimates only and unless otherwise provided Continental shall incur no penalty due to failure to supply on the estimated date, or at all.
- Orders and Contracts between Continental and the Customer shall be treated in confidence. The Customer shall safeguard the intellectual property rights of Continental in all drawings, writing, computer programs and other materials of Continental. All software or firmware supplied under licence to the Customer whether or not contained within semiconductor devices or equipment, is the intellectual property of Continental or it's suppliers and the Customer shall not copy, reproduce or pass it on to any third party without the express written consent of Continental.
- The Customer is responsible for the site preparation, where necessary, together with the provision of any supplies and services that may be required. The specifications and the responsibilities of agents, distributors and end users are clearly set forth in separate leaflets available on the various Products concerned. If failure to fulfil this responsibility extends the time taken to commission Products or results in the need for extra site visits by engineers the Customer is fully liable for any and all extra cost. If installation of Products is unduly delayed, Continental reserves the right to pass on cost inflation as a supplementary charge.
- In addition to the price agreed between Continental and the Customer, the Customer shall pay any additional or increased cost or expense incurred by Continental by reason of any suspension or delay in manufacture or delivery of the goods caused by inadequate or defective instructions given or supplied by the Customer, any variations requested by the Customer or any act, omission or default of the Customer.
- Continental may, without liability, cancel the contract and all further performance thereof (without prejudice to any other right or remedy of Continental under the Contract) where the Customer is in breach of any of its obligations under the Contract and has failed to remedy the breach following receipt of reasonable notice (being not less than seven days) specifying the nature of the breach and the timescale of the required remedy.
- Continental reserves the right to amend or waive any or all of these conditions without affecting any other condition and without notice other than when new conditions are imposed on an existing Contract.
- The Company reserves the right to introduce improvements in design or specification without prior notice.
- E & O E.