Bear Metals warrants that the Goods will be free from material defects in materials and workmanship for a period of 5 years from the date of delivery and the Seller will at its option refund the purchase price of or repair or replace free of charge any Goods which its examination confirms are defective provided:
- (a) The Buyer makes a full inspection of the Goods immediately upon delivery,
- (b) The Buyer notifies the Seller forthwith of any defects which it discovers,
- (c) The Buyer has used the Goods in accordance with any instructions or recommendations of the Seller,
- (d) The Goods have not been adjusted, altered, adapted or repaired by any party other than the Seller,
- (e) The Goods are either made available to the Seller for inspection or returned to the Seller at the Buyer’s own expense, as the Seller may request.
In no circumstances shall the Seller’s liability to the Buyer for any breach of warranty, contract, tortious duty, statute, or regulation exceed the price paid for the Goods and/or Services with respect to which the claim is made.
Except as provided for in these Conditions, there are no warranties, express or implied, of merchantability or of fitness for a particular purpose, or of any other kind except as to title. In particular, to the extent permitted by law, all conditions and warranties which would otherwise be implied by statute or under the common law are hereby excluded.