Terms and conditions

TERMS & CONDITIONS

At Zoom Testing we try to ensure that all our products and services are of a high quality and fit for the purpose described.

PRODUCT WARRANTIES AND LIABILITY

1 The Seller warrants that its products shall conform to the description of such products as provided to the Buyer by the Seller in the Seller’s catalogue or other literature. This warranty is a substitution for and (to the extent permitted by English Law) excludes all other conditions and warranties, whether as to quality or fitness for any particular purpose or otherwise, whether express or implied by statue, common law or otherwise.

2 The Seller shall not be liable under the warranty in clause 9.1 in the event that the Buyer has misused the products in any manner, has failed to use the products in accordance with industry standards and practices, or has failed to use the products in accordance with instructions, if any, furnished by the Seller or these conditions.

3 The Seller’s sole and exclusive liability and Buyer’s exclusive remedy with respect to products proved to be defective or non-conforming to the warranty in clause 9.1 shall be replacement of such products without charge or a refund of the purchase price, in Seller’s sole discretion, upon the return of such products in accordance with Seller’s instructions.

4 Seller shall not in any event be liable for any loss of profits, loss of business opportunity or any indirect, incidental, or consequential losses of any kind resulting from any use or failure of the products, even if the Seller has been advised of the possibility of such. If the Products do not meet the standard of satisfactory quality under the Sale of Goods Act 1979 on delivery, Zoom Testing will, at its option, replace the Products or refund the purchase price to the Customer, provided that the Customer:

5 The buyer provides Zoom Testing with the purchase order number, invoice number or buys on-line.

6 The buyer stores and uses the Products in accordance with any instructions given by Zoom Testing

7 The buyer notifies Zoom Testing of the defect within seven (7) days after delivery; and

8 The buyer retains the defective Product and returns it to Zoom Testing on request.

The remedy stated above is the sole remedy of the customer if any product is defective. Except where the customer deals as a consumer (within the meaning of the Unfair Contract Terms Act 1977), no other warranty or condition is to be implied between the customer and Zoom Testing as to the quality or fitness for a particular purpose of the Products.

9 Zoom Testing believes that the Instructions for Use and any other information given to the Customer about the Products is accurate, but accepts no liability for any inaccuracies or omissions in that information.

9.1 No warranty or condition is to be implied into the contract between the Customer and Zoom Testing that the Products or the information supplied to the Customer does not infringe any patents or other intellectual property rights of any third party.

9.2 In any event, Zoom Testing will not be liable to the Customer for any indirect or consequential losses sustained by the Customer as a result of any defects in the Products or as a result of any breach by Zoom Testing of these Terms & Conditions or of any terms and conditions implied by law.

9.3 Nothing in these Terms & Conditions excludes or limits the liability of Zoom Testing for death or personal injury caused by Zoom Testing’s negligence, for fraud or fraudulent misrepresentation or for any other matter for which it would be illegal for Zoom Testing to exclude or attempt to exclude its liability.