1. Subject to the conditions of warranty set out in clause 2, Redfox Machinery warrants that if any defect in any workmanship of Redfox Machinery becomes apparent and is reported to Redfox Machinery within twelve (12) months of the date of delivery (time being of the essence) then Redfox Machinery will either (at Redfox Machinery’s sole discretion) repair the defect or replace the workmanship.
2. The conditions applicable to the warranty given by clause 1 are:
(a) the warranty applies on the basis of the Goods being used on the equivalent of a single daily eight (8) hour shift.
(b) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(c) the warranty shall cease and Redfox Machinery shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without Redfox Machinery’s consent.
(d) in respect of all claims Redfox Machinery shall not be liable to compensate the Buyer for any delay in either replacing or remedying the workmanship or in properly assessing the Buyer’s claim.
3. For Goods not manufactured by Redfox Machinery, the warranty shall be the current warranty provided by the manufacturer of the Goods. Redfox Machinery shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
4. In the case of second hand Goods, the Buyer acknowledges that he has had full opportunity to inspect the same and that he accepts the same with all faults and that no warranty is given by Redfox Machinery as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. Redfox Machinery shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.