Common use of Quality of Products Clause in Contracts

Quality of Products. 5.1 Subject to 11.2 Morcan gives no warranty to the Client in respect of any Product that is purchased by Morcan from a Supplier for resale to the Client but shall take reasonable steps to assist the Client in making available claims under Supplier or manufacturer product warranties, subject to compliance by the Client with any warranty terms as provided by the Supplier/manufacturer. Morcan will accept returns of faulty Products notified to Morcan within 14 days of delivery, subject to the terms of the relevant Supplier’s/manufacturer's warranty. After 14 days the Client will need to deal with the manufacturer directly. All returns of Products can only be made if they comply with the following: a. Prior authorisation for return must be obtained from Morcan. The Client should use the contact details shown on the Order for this purpose; b. The Products in issue must be returned within 5 days of the authorisation to return under 5.1(a); c. The Products must be properly packed and delivered to the return address notified by Morcan on DDP Incoterms 2010, together with any forms or information and in accordance with any procedure notified by Morcan; d. The Goods must still be covered by the relevant Supplier’s/manufacturer’s warranty. The following (non-exhaustive) list of examples are all likely to invalidate or give rise to the loss of benefit of Supplier/manufacturer warranties: Use of products after notification under 5.1(a); failure to follow Supplier/manufacturer instructions as to storage, installation, commissioning, use or maintenance; unauthorised alteration or repair; fair wear and tear, wilful damage, negligence, abnormal working conditions, or defects arising as a result of Client’s design or instructions. Morcan reserves the right to test (or permit testing of) all Products returned as faulty and to return to the Client (at the Client’s expense) any Products found not to be faulty, or ineligible for repair, replacement or refund under applicable Supplier/manufacturer’s warranties. 5.2 All Products supplied which are Software are only supplied “as is". The sole obligation of Morcan in connection with the supply of Products which are Software is to use reasonable endeavours to obtain and supply a corrected version from the Supplier concerned in the event that such Software should fail to conform to the Published Software Specification, provided always that the Client notifies Morcan of any such non- conformity within 30 days of the date of delivery of the applicable Software Products.