12.1 We warrant that on delivery or collection, and for a period of 12 months from the date of delivery or collection (warranty period), the Products shall:

(a) conform in all material respects with their description and any relevant specification; and

(b) be free from material defects in design, material and workmanship.

12.2 Except as stated in clause 12.3 or 12.4, if:

(a) you give us notice in writing during the warranty period within a reasonable time of discovery (and no more than 14 days of discovery) that the Products do not comply with the warranty set out in clause 12.1;

(b) we are given a reasonable opportunity of examining such Products; and

(c) you allow us to arrange collection of the Products,

we shall, at our option, repair or replace the defective Products, or refund the price of the defective Products in full. We will not be responsible for any other costs, including abortive installation costs.

12.3 We will not be liable for the Products’ failure to comply with the warranty in clause 12.1 in the following circumstances:

(a) you make any further use of such Products after discovery of the defect;

(b) the defect arises because you failed to follow our oral or written instructions (or those of the manufacturer) as to the storage, installation, commissioning, use or maintenance of the Products or (if there are none) good trade practice;

(c) the defect arises as a result of us following any drawing, design or specification supplied by you;

(d) you alter or repair the Products without our written consent;

(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or

(f) title to the Products has not passed to you.