7. WARRANTY AND LIMITATION OF LIABILITY
7.1 AHS honours its legal duty to provide You with products that are as described to You on AHS’s website and that meet all the requirements imposed by law. In the event that you think Goods are faulty, You will need to supply the invoice number covering their purchase and the Goods must be returned in order that AHS can confirm the fault. Please see https://www.ahspares.co.uk/information/cancellations-and-returns.aspx. All new parts carry a 12-months manufacturer's warranty subject to the manufacturer's terms and conditions and this warranty commences from AHS's invoice date not its installation. The warranty covers the cost of the part only and does not extend to cover labour, recovery, car hire, or any other consequential or associated costs. The warranty does not cover parts which have been incorrectly installed, altered, modified or used in any form of racing, rallying or competition. The warranties are additional to your statutory consumer rights.
7.2 The content on the Website is provided for general information only. It is not intended to amount to advice on which You should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although AHS makes reasonable efforts to update the information on the Website, AHS makes no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
7.3 AHS liability to consumers. AHS is not responsible for losses You suffer caused by AHS breaking these Terms of Business if the loss is:
- Unexpected. It was not obvious that it would happen and nothing You told AHS before You confirmed Your order meant AHS should have expected it (so, in the law, the loss was unforeseeable).
- Caused by a delaying event outside AHS’s control. As long as AHS has contacted You as soon as possible to let You know and AHS has done what it can to reduce the delay. However, if the delay is likely to be substantial You may cancel a purchase by notice in writing to A H Spares Limited, Units 7 & 8, Westfield Road, Kineton Road, Southam, Warwickshire, CV47 0JH, UK or email to sales@ahspares.co.uk and receive a refund. In this case You must return the Goods to AHS in accordance with and subject to https://www.ahspares.co.uk/information/cancellations-and-returns.aspx.
- Avoidable. Something You could have avoided by taking reasonable action. For example, damage caused by you using the incorrect Goods in a vehicle or You fitting the Goods incorrectly in a vehicle.
7.4 AHS liability to businesses. AHS shall not in any event be liable (whether in contract. tort (including negligence), breach of statutory duty or otherwise) for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time, failure to make anticipated savings or liability You may incur to any third party arising in any way in connection with these Terms or otherwise whether or not such loss has been discussed by AHS and You pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
7.5 AHS's aggregate liability in respect of these Terms and any matter arising out of it (including claims whether made in contract or tort) shall be limited to a sum equal to the Fee excluding VAT.
7.6 AHS will not be liable for any Good's failure to comply with any express warranty in these Terms if:
- You make any further use of such Goods after telling AHS they are non-compliant;
- the defect arises because You failed to follow AHS’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
- the defect arises because AHS followed any drawing, design or specification supplied by You;
- You alter or repair the Goods without AHS’s written consent; or
- the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.7.6 Subject as expressly provided in these Terms all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
7.7 Losses AHS never limit or exclude. Nothing in these Terms shall limit or exclude AHS’s liability for:
- death or personal injury caused by negligence to the extent preserved by section 2(1) of the Unfair Contract Terms Act 1977;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- defective products under the Consumer Protection Act 1987; or
- any liability that cannot legally be limited.
7.8 AHS excludes all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.
7.9 Each foregoing sub-clause of this clause shall constitute a separate and severable provision. The provisions of this clause shall continue in effect notwithstanding the termination, completion or any other matter which might otherwise cause these Terms to become ineffective.