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Where the goods are proprietary to us or supplied to your specification, we will at our option rectify or replace such of them as are shown to our reasonable satisfaction to contain defects in design, materials or workmanship, other than such as resulted directly or indirectly from your specification, when properly installed, used and maintained under normal domestic conditions, provided that the alleged defects and our applicable batch and delivery note details are notified in writing to us within one year from the date of delivery of the goods, that the goods are at all times following delivery kept in suitable conditions, and that, if we so request, you return all or any of them to our premises. If any of the goods concerned prove to our reasonable satisfaction not to be defective or you give us the wrong batch or delivery note details, we will be entitled to make a reasonable charge for our efforts in establishing whether or not the goods are defective.
Where the goods are proprietary to our suppliers, we will to the extent that we are able to do so, transfer to you the benefit of whatever warranties and other rights we have received from the suppliers.
Except as required or agreed by us, you will not in any circumstances return any of the goods to us, and where the property in any of the goods returned to us has passed to you, they will nevertheless remain your property and at your risk unless we have agreed otherwise in writing before their return.
Except as stated above, we will not be liable for any direct, consequential or other loss, damage or injury suffered or incurred by you, and you will indemnify us fully against any claims made by third parties, in respect of the goods or otherwise arising from the contract. Our liability will in any event be limited to the price of the goods concerned. Nothing contained in the contract will, however, be treated as excluding or restricting any liability on our part for death or personal injury resulting fromour negligence.