“8.1 – ALM Products warrants that all Aluminium Goods will be free from defects in materials and workmanship for a period of 24 months from delivery. Any NonAluminium Goods are warranted to be free from defects in materials and workmanship for the period of time stated in the Maintenance Instructions. ALM Products shall not be liable for the Goods’ failure to comply with this warranty in any of the following circumstances:- 8.1.1 – if any defect arises from fair wear and tear, wilful damage, negligence, abnormal storage or working conditions, failure to follow ALM Products’ oral or written instructions or the Maintenance Instructions, incorrect installation, misuse or alteration or repair of the Goods without ALM Products’ consent; 8.1.2 – the defect arises from parts, materials, equipment or goods not manufactured by us, in respect of which you will only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to us; 8.1.3 – the defect arises from use of the Goods for purposes for which the Goods are not intended, or from use of the Goods in conditions or environments which ALM has indicated in its instructions, Maintenance Instructions or otherwise (which shall include any references in brochures or promotional materials for the Goods) are unsuitable for the Goods; 8.1.4 – the defect arises as a result of ALM Products following any drawing, design or specification supplied by the Buyer; and/or 8.1.5 – the Buyer makes any further use of the Goods after giving notice in accordance with clause 8.3. 8.2 – Except as expressly provided in this clause 8, ALM Products shall have no liability to the Buyer in respect of the Goods’ failure to comply with the warranty set out in clause 8.1. 8.3 – Any claim by you which is based on any defect in the quality or condition of the Goods shall (whether or not delivery is refused) be notified to us within seven days of delivery or the date when delivery was rendered or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery that some or all of the Goods do not comply with the warranty set out in clause 8.1. 8.4 – Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods is notified in accordance with clause 8.3, we shall be entitled to correct any defect by, at our option, repairing or replacing any of the Goods which are defective or accepting their return for appropriate credit but ALM Products shall have no further liability to the Buyer. ALM Products’ obligation under this clause is, without limitation, conditional upon the Buyer furnishing satisfactory evidence that the Goods alleged to be defective have been properly installed and maintained according to the manufacturer’s instructions, any ALM Products instructions or Maintenance Instructions. We reserve the right to examine the Goods and request proof of the installation date prior to accepting claims under this clause. 8.5 – These Conditions shall apply to any repaired or replacement Goods supplied by ALM Products. 8.6 – ALM Products shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Goods, if the delay or failure was due to any circumstance(s) beyond ALM Products’ reasonable control. 8.7 – Nothing in these Conditions excludes or limits our liability for: 8.7.1 – death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); 8.7.2 – fraud or fraudulent misrepresentation; 8.7.3 – breach of the terms implied by section 12 of the Sale of Goods Act 1979; 8.7.4 – defective products under the Consumer Protection Act 1987; or 8.7.5 – any matter in respect of which it would be unlawful for us to exclude or restrict our liability. 8.8 – Subject to clause 8.7: 8.8.1 – ALM Products shall under no circumstances whatsoever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and 8.8.2 – ALM Products’ total aggregate liability to the Buyer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £10,000. 8.9 – ALM Products shall not be liable to the Buyer under the warranty included in clause 8.1 or otherwise under the Contract where a defect in the Goods or any other liability arises directly or indirectly out of any design or specification supplied by the Buyer.” Correct at the time of writing – April 2022.