Common use of Implied Conditions Clause in Contracts

Implied Conditions. The supplier shall comply with the implied terms relating to title, description, merchantable quality, fitness for purpose and correspondence with sample as set out in sections 12 to 15 of the Sale of Goods Act 1979 and with those terms set out in section 2 to 5, 8 to 10 and 13 and 14 of the Supply of Goods and services Act 1982 or any amendment or re-enactment thereof and any purported exemption there from shall be void. The Supplier relies on his own skill and judgment and not that of the Purchaser to ensure that the goods are fit for any purpose expressly or impliedly made known to the Supplier. If the goods and/or services fail to correspond in all respects with the Purchaser’s specification the Purchaser shall be entitled (without prejudice to any other rights it may have) to reject any goods and the property in the goods shall remain with the Supplier and the Purchaser shall be entitled to recover from the Supplier any loss or damage suffered. The Supplier shall indemnify the Purchaser against any and all liabilities, costs, claims, damages or expenses whether direct or indirect and however arising as a result of a breach by the Supplier or arising from any defect in the goods or arising as a result of the negligent performance or non-performance by the Supplier of any services to be provided to the Purchaser.