(a) If within 12 months or 36 months for Ethos controllers from date of Invoice (or such longer period as is agreed in writing by the Company) a material defect in the goods shall be discovered and
(i) the Buyer notifies the Company within 14 days after discovery giving particulars and either at its own expense and risk returns the goods to the Company after approval by Thames Valley Controls or (at the Company’s sole option) permits the Company to inspect the same; and
(ii) such defect has arisen from faulty materials employed or workmanship carried out by the Company existing but not discoverable upon inspection at time of delivery then the Company shall at its option repair, replace or credit the Buyer’s account with the Company or refund to the Buyer the purchase price paid for and cost of returning the defective goods.
(b) The Company’s liability for defective goods is limited in all circumstance to (at the Company’s own option) repair or replacement of crediting or refunding to the Buyer the invoice value and the Buyer shall accept such of the aforementioned remedies as the Company shall proffer as fulfilment of the Company’s obligations under the contract.
(c) The Company’s liability under this Condition applies only to defects appearing whilst goods are being properly used or stored and in particular (but without limitation) the Company shall not be liable in the case of defects arising from normal deterioration or improper or faulty modification alteration handing or processing of the goods by the buyer.
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