7.1 Unless provided otherwise in the Special Trading Terms, a claim relating to failure of delivery, late delivery or in respect of any faulty Goods will only be considered if received by the Seller in accordance with clause 7.2 within 7 days of the date of delivery or date of collection
by the Customer (Claim Period) and a valid reason for return provided. The seller shall not be liable in any way whatsoever for claims made after the Claim Period.
7.2 No Goods will be accepted for return without the prior consent of the Seller and must be accompanied by the authorisation number provided by the Seller to the Customer. Where authorisation is provided for return of Goods, all such Goods must be returned in original packaging, in good order and condition accompanied by the original invoice and authorisation number. The Seller undertakes to arrange for Goods to be collected from the Customer for return by the Seller’s authorised carriers. The Seller will have no responsibility whatsoever for the cost of carriers arranged by the Customer and not authorised in advance by the Seller.
7.3 If Customer has signed off and approved artwork for the Goods, the Seller will not accept return of the Goods on the basis that the artwork is incorrect, provided that it complies with the artwork that has been signed off by the Customer.
7.4 If Customer has an entitlement to make any claim (other than a claim under clause 7.1) against the Seller, the Customer must:
(a) immediately on becoming aware of the circumstances of such claim, notify the Seller of the nature of the claim; and
(b) allow the Seller (or its Personnel) full and free access to the Goods subject to the claim (or the place where Goods have been applied and used) for the purpose of conducting such tests and examinations as the Seller may in its absolute discretion consider necessary to determine the validity of the claim.
7.5 The Customer acknowledges and agrees that:
(a) the methods and conditions of application and use of Goods by the Customer are beyond the control of the Seller; and
(b) the Seller will not be subject to any warranties implied by law (which are not capable of being excluded or modified) or be held liable for any loss or damage sustained by the Customer as a consequence of any incorrect advice, recommendation or information provided by the Seller (or its Personnel) regarding the methods and conditions of application and use of the Goods regardless of whether such loss or damage was caused by any act of negligence, act of recklessness or any breach of any duty of care which may be owed to the Customer by the Seller (or its Personnel).
7.6 Subject to any warranties implied by law (which are not capable of being excluded or modified), the total liability of the Seller and its Personnel to the Customer for any claim under these Terms of Trade is limited to one of the following:
(a) the replacement of the Goods or the supply of equivalent Goods; or
(b) the payment of the cost of replacing the Goods or of acquiring equivalent Goods, but does not extend to Consequential Loss.
