Common use of DAMAGE OR LOSS IN TRANSIT Clause in Contracts

DAMAGE OR LOSS IN TRANSIT. The Company will not accept responsibility for damage to or loss of the Goods during transit and, as such, the Customer shall bear the risk in the Goods whilst they are in transit and be responsible for taking out and maintaining in place at its own cost such insurance in respect of the Goods during transit for their full price against all risks. The Goods are to be examined promptly and without delay on receipt by the Customer or his agent. Any claim that the Goods are damaged, defective or not of the right quantity shall be notified by the Customer to the Company within three days of delivery. Any claim under this condition must be in writing and must contain full details of the claim, and the packing and contents should be retained for inspection by the Company. The Company shall not be liable for the Goods being damaged, defective or not of the right quantity if: i) the Customer makes any further use of such Goods after giving notice in accordance with this clause; ii) the defect arises because the Customer failed to follow the Company’s oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same; iii) the Customer does not register the Company’s warranty for the Goods by giving notice to the Company of the named supervising installer for the Goods to ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ prior to commencement of installation; iv) the defect arises because the Goods have been installed or maintained without supervision by an installer with appropriate training as registered on the Company’s installer register v) the defect arises as a result of the Company following any drawing, design or specification supplied by the Customer; vi) the Customer alters or repairs such Goods without the written consent of the Company; vii) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or viii) the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.