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    TERMS AND Conditions of Sale

     

     

    1.         DEFINITIONS

     

    1.1       In these conditions, unless the context requires otherwise:-

     

    1.1.1        "Seller" means GMT (UK) Limited of Unit 6B Herald Industrial Estate, Botley Road, Hedge End, Southampton, Hampshire SO30 2JW or any of its subsidiaries;

    1.1.2        "Buyer" means the person firm or company who agrees to buy the Goods and/or Services from the Seller;

    1.1.3        "Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;

    1.1.4        “Order” means a written order on the Seller’s prescribed form;

    1.1.5        "Goods" means the goods materials and/or other items which the Buyer agrees to buy from the Seller;

    1.1.6        "Services" means the works undertaken in accordance with the quotation, offer, tender or contract and (where the context so requires) shall include all workmanship performed;

    1.1.7        “Price” means the price for the Goods and/or Services excluding carriage, packing, insurance and VAT;

    1.1.8        “Delivery Date” means the date specified by the Seller when the Goods are to be delivered and/or the Services are to be performed;

    1.1.9        "Export Sales" means a contract by which the Seller supplies Goods and/or Services to a Buyer who takes delivery thereof outside of the United Kingdom, or provides legal proof of exportation if collected or delivered within the UK.

     

    1.2              A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.

     

    1.3              Words in the singular include the plural and in the plural include the singular.

     

    1.4              A reference to one gender includes a reference to the other gender.

     

    1.5              Condition headings do not affect the interpretation of these Conditions.

     

    2.         CONDITIONS APPLICABLE

     

    2.1              These Conditions apply to all sales of Goods and/or Services by the Seller to the Buyer and shall prevail over and apply to the exclusion of all other terms and conditions including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document or implied by trade, custom, practice or course of dealing.

     

    2.2              All Orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Conditions.  A quotation or tender by the Seller does not constitute an offer and the Seller reserves the right to withdraw or amend the same at any time prior to the Seller's acceptance of the Buyer's Order for Goods and/or Services.

     

    2.3              Acceptance of delivery of the Goods and/or Services shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.

     

    2.4              Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

     

    2.5              The Seller shall be under no obligation to give the Buyer the notice specified in section 32(3) of the Sale of Goods Act 1979.

     

    3.         FORMATION OF CONTRACT

     

    3.1              No contract shall come into effect until the Seller delivers acknowledgement of the Order to the Buyer.

     

    3.2              The acknowledgement of Order shall only be effective for the purpose of sub-Condition 3.1 if made on the Seller's official acknowledgment form, proforma invoice, or a faxed copy thereof.

     

    4.         PRICE

     

    4.1              The Price payable for the Goods and/or Services shall be those charged by the Seller at the time of dispatch.

     

    4.2              The Seller shall have the right at any time to increase the Price of the Goods and/or Services to reflect any increase in the cost to the Seller which is due to factors occurring after the making of the contract of sale which are beyond the reasonable control of the Seller (including, without limitation, carriage, foreign exchange fluctuations, taxes and duties, the cost of labour, materials and other manufacturing costs).

     

    4.3              Where the Seller agrees to deliver the Goods and/or Services to an address specified by the Buyer, the Buyer shall pay all delivery charges incurred by the Seller including, but not limited to, packaging, carriage and insurance.

     

    4.4              Any special request by the Buyer of the Seller with regards to the packaging of the Goods and/or Services shall be the subject of an additional charge.

     

    4.5              The Seller reserves the right to add to the Price, where applicable, a charge for test certificates, metallurgical costs and all other reasonable costs associated with the supply of the Goods and/or Services.

     

    5.                  TERMS OF PAYMENT

     

    5.1              The Seller shall be entitled to submit its invoice with its delivery advice note or at any time afterwards save that where delivery has been postponed at the request of or by the default of the Buyer, then the Seller may submit its invoice at any time after the Goods and/or Services are ready for delivery or would have been ready for delivery in the ordinary course, but for the request or default of the Buyer.

     

    5.2              Unless otherwise agreed by the Seller, evidence of which must be in writing, payment of the Price, or any instalment thereof, together with VAT and any additional charges agreed shall be due on the last working day of the month following the end of the month in which any of the following incidents occur:-

     

    (i)                  the Goods are delivered; or

    (ii)                the Buyer is notified by the Seller that the Goods are ready for collection; or

    (iii)               the Services are completed.

     

    notwithstanding that property in the Goods and/or Services has not passed to the Buyer.  Delivery and payment are not concurrent conditions.

     

    5.3              Time for payment shall be of the essence.

     

    5.4              Subject to Condition 9, Export Sales, and unless otherwise agreed by the Seller, evidence of which must be in writing, payment shall be due and payable in cash or bank transfer without any deduction or set off.

     

    5.5              No dispute arising under the contract nor delays beyond the reasonable control of the Seller shall interfere with prompt payment in full by the Buyer.

     

    5.6              In the event that the Buyer fails to make any payment on the due date then, without prejudice to any of the Seller’s other rights or remedies, the Seller may:-

     

    (i)                  suspend or cancel all deliveries due to the Buyer without notice; and/or

    (ii)                appropriate any payment made by the Buyer to such of the Goods and/or Services as the Seller may in its sole discretion think fit; and/or

    (iii)               serve notice on the Buyer requiring immediate payment for all Goods and/or Services supplied by the Seller under this and any other contract with the Buyer whether or not payment is otherwise due or invoiced.

     

    5.7       Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 2% above the base rate of Nat West Bank Plc from time to time in force and shall accrue at such a rate after as well as before any judgment.

     

    6.                  DELIVERY

     

    6.1              Unless otherwise agreed in writing by the Seller, delivery of the Goods and/or Services shall take place at the Seller’s place of business (“the Delivery Point”).

     

    6.2              The Buyer shall take delivery of the Goods and/or Services within 5 days of the Seller giving it notice that the Goods and/or Services are ready for delivery.

     

    6.3              Any time and/or date specified by the Seller for delivery of the Goods and/or Services are intended to be an estimate and time for delivery shall not be made of the essence by notice.  If no dates are so specified, delivery shall be within a reasonable time. 

     

    6.4              Subject to the other provisions of these Conditions the Seller shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods and/or Services (even if caused by the Seller's negligence), nor shall any delay entitle the Buyer to terminate or rescind the contract unless such delay exceeds 180 days.

     

    6.5              If for any reason the Buyer fails to accept delivery of any of the Goods and/or Services when they are ready for delivery, or the Seller is unable to deliver the Goods and/or Services on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations:

     

    (i)                  the Seller shall be entitled to payment in full for the Goods and/or Services so tendered;

    (ii)                the Goods and/or Services shall be deemed to have been delivered and/or completed; and

    (iii)               the Seller may store the Goods until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).

     

    6.6              Refusal by the Buyer to take delivery will relieve the Seller from the obligation to make further deliveries without prejudice to the Seller's right to recover damages for such refusal. The Seller shall be entitled after the expiration of 28 days from the date on which the Price became payable to dispose of the Goods and/or Services in such manner as it may determine.

     

    6.7              The Seller may deliver the Goods and/or Services by separate instalments.  Each separate instalment shall be invoiced and paid for in accordance with the Conditions.

     

    6.8              Each instalment shall be a separate contract and no cancellation or termination of any one contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other contract or instalment.

     

    6.9              The Buyer shall provide at the Delivery Point and at its expense adequate and appropriate equipment and manual labour for loading the Goods and/or Services.

     

    6.10          If the Seller delivers to the Buyer a quantity of Goods and/or supplies a quantity of Services of up to 10% more or less than the quantity ordered by the Buyer, the Buyer shall not be entitled to object to or reject the Goods and/or Services or any of them by reason of the surplus or shortfall and shall pay for such Goods and/or Services at the pro rata contract rate.

     

    6.11          All weights per unit and dimensions quoted are approximate only and are subject to recognised tolerances.  The Seller reserves the right to adjust the Price applicable for the theoretical weight of the Goods.

     

    7.         TITLE

     

    7.1              Title of the Goods and/or Services shall not pass to the Buyer until:-

     

    7.1.1        the Seller has received in full (in cash or cleared funds) all sums due to it in respect of:

    7.1.1.1              the Goods and/or Services; and

    7.1.1.2              all other sums which are or which become due to the Seller from the Buyer on any account; or 

    7.1.2        the Seller serves upon the Buyer a notice in writing stating that title in the Goods and/or Services or such part thereof has passed.

     

    7.2              Until title of the Goods and/or Services has passed to the Buyer, the Buyer shall :-

     

    7.2.1        hold the Goods and/or Services and each of them on a fiduciary basis as the Seller’s bailee;

    7.2.2        store the Goods and/or Services (at no cost to the Seller) separately from all other goods of the Buyer or any third party and marked in such a way that they are clearly identifiable as the Seller’s property.;

    7.2.3        not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods and/or Services; and

    7.2.4        maintain the Goods and/or Services in satisfactory condition and keep them insured on the Seller’s behalf for their full price against all risks to the reasonable satisfaction of the Seller.  On request, the Buyer shall produce the policy of insurance to the Seller.

     

    7.3              The Buyer may resell the Goods before title has passed to it solely on the following conditions:-

    7.3.1        any sale shall be effected in the ordinary course of the Buyer’s business at full market value and to a bona fide purchaser without notice of the Seller's rights;

    7.3.2        any such sale shall be a sale of the Seller’s property on the Buyer’s own behalf and the Buyer shall deal as principal when making such a sale; and

    7.3.3        the Buyer shall have a fiduciary duty to the Seller to account to the Seller for the proceeds (which shall be kept separate and identifiable from the Buyer's own monies) but may retain therefrom any excess of such proceeds over the amount outstanding under this or any other contract between them.

     

    7.4              The Seller shall be entitled to recover payment for the Goods and/or Services notwithstanding that ownership of any of the Goods and/or Services has not passed from the Seller.

     

    7.5              The Buyer shall meet the costs incurred by the Seller in recovering the Goods and/or Services where the Buyer’s right to possession has terminated.

     

    7.6              On termination of the contract, howsoever caused, the Seller’s (but not the Buyer’s) rights contained in this Condition 7 and in Condition 19 shall remain in effect.

     

    8.         RISK

     

    8.1              Save in the case of Export Sales and subject to any agreement in writing by the Seller, the Goods and/or Services are at the risk of the Buyer from:-

     

    8.1.1        the time the Goods and/or Services are delivered to the Buyer's premises for off-loading; or

    8.1.2        the time the Buyer takes delivery of the Goods and/or Services at the Seller's premises;

    8.1.3        the time the Goods and/or Services are ready for delivery, but where delivery is postponed at the Buyer's request;

     

    whichever shall occur first, nothwithstanding that title in the Goods and/or Services may have already been transferred to the Buyer.

     

    8.2              In relation to Export Sales, the Goods and/or Services are at the risk of the Buyer in accordance with the relevant section of Incoterms.

     

    8.3              The Seller shall not be liable for any loss of or damage sustained in any Goods and/or Services left with the Seller howsoever caused and whether or not attributable to negligence on the part of the Seller or negligence or willful default on the part of any agent or employee of the Seller.

     

    8.4              Subject to the provisions of sub-Condition 8.6, where applicable, the Goods and/or Services shall unless delivered by the Seller's own transport or by a carrier on behalf of the Seller be deemed to have been delivered and the risks therein to have passed to the Buyer upon their transfer to a carrier named by the Buyer or two days after the Seller notifies the Buyer that the Goods and/or Services are available for collection whichever is the earlier.

     

    8.5              Where the Goods and/or Services are to be delivered by the Seller's own transport or by a carrier on behalf of the Seller the risk therein shall pass to the Buyer upon delivery to the designated point of delivery.

     

     

    9.         EXPORT SALES

     

    9.1       If the Goods and/or Services are to be sold to a Buyer whose place of business or habitual residence is not in the United Kingdom and/or for delivery outside the United Kingdom or the Goods and/or Services which the Buyer agrees to purchase are to be purchased under Export Sales Conditions, the Conditions shall incorporate the most recent version of Incoterms which is in force at that date save that in the event of any inconsistency between Incoterms and any express term of these Conditions, the latter shall prevail.

     

    9.2       Notwithstanding Condition 4, above, in the case of Export Sales the Price of the Goods and/or Services shall if required by the Seller be secured by an irrevocable letter of credit satisfactory to the Seller established by the Buyer in favour of the Seller immediately upon receipt of the Seller's acknowledgement of Order and confirmed by a United Kingdom bank acceptable to the Seller.  The letter of credit shall be for the full contract Price inclusive of any tax or duty payable by the Buyer and the Seller shall be entitled to payment on presentation to such United Kingdom bank of the documents specified by the Seller on the acknowledgement of Order.

     

    9.3       The Buyer shall within 21 days open an irrevocable letter of credit with a bank to be confirmed in favour of [            ] Plc payable 30 days at sight against production of a commercial invoice for the Goods and/or Services and a clean on board bill of lading for the Goods and/or Services.

     

    10.       IMPORT AND EXPORT LICENCES

    The Buyer is responsible for obtaining, at its own cost, such import and/or export licences and other consents in relation to the Goods and/or Services as are required from time to time and, if required by the Seller, the Buyer shall make those licences and consents available to the Seller prior to the relevant shipment.

     

    11.       INSPECTION

     

    11.1          The Seller shall permit the Buyer to inspect and/or test the Goods and/or Services during their manufacture and processing.

     

    11.2          Any such inspection and/or test shall be carried out at the Seller’s premises, or such other place as the Seller may appoint, and at the Buyer’s expense.

     

    12.       DISCLOSURE OF INFORMATION

     

    12.1          All specifications, patterns, drawings, photographs, samples, information, technical advice or data given by the Seller its employees or agents in respect of the Goods and/or Services is made in good faith on the basis of test data and field experience and is provided for general guidance only.  No such information advice or data shall form any part of the contract.

     

    12.2          The Buyer shall be solely responsible for ensuring that all specifications, patterns, drawings, photographs, samples, information, technical advice or data given to the Seller either directly or indirectly by the Buyer or by the Buyer's agents, employees, consultants or advisers is accurate, correct and suitable.  Examination or consideration by the Seller of such specifications, patterns, drawings, photographs, samples, information, technical advice or data shall in no way limit the Buyer's responsibility hereunder unless the Seller specifically agrees in writing to accept responsibility.

     

    12.3          All specifications, patterns, drawings, photographs, samples, information, technical advice or data or any other information or documentation produced by the Seller which are expressed to be given on a confidential basis are returnable on demand, and shall not be disclosed to a third party without the Seller's written consent and, unless otherwise agreed in writing, title to such material specification, designs, calculations and other information or documentation (whether or not it is expressed to be given on a confidential basis) and any copyright or design right therein, any rights to apply for registered design in respect thereof and any other Intellectual Property Rights therein shall at all times remain vested in the Seller.

     

    13.       INTELLECTUAL PROPERTY

     

    13.1     The specifications and designs of the Goods and/or Services (including the copyright, design right or other intellectual property in them) shall as between the parties be the property of the Seller.  Where any designs or specifications have been supplied by the Buyer for manufacture by the Seller or to the order of the Buyer then the Buyer warrants that the use of those designs or specifications for the manufacture, processing, assembly or supply of the Goods and/or Services shall not infringe the rights of any third party.

     

    13.2     In any case where the Goods and/or Services are or are capable of becoming the subject of any Intellectual Property Rights of any third party the Seller shall be obliged to transfer to the Buyer only such title as it may have to the Goods and/or Services.

     

    13.3     The Buyer shall indemnify the Seller against any and all claims, costs, demands and expenses against or incurred by the Seller as a direct or indirect result of the carrying out of any work required to be done on or to the Goods and/or Services in accordance with the specifications or designs of the Buyer involving any infringement or claims of infringement of any Intellectual Property Right vested in any third party.

     

    14.       THIRD PARTY RIGHTS

     

    The provisions of the Contracts (Rights of Third Parties Act) 1999 shall not apply to these Conditions and a person who is not a party to the contract shall have no right under that Act to enforce any term of these Conditions.

     

    15.       INSURANCE

     

    Where the Buyer wishes the Seller to insure the Goods and/or Services the Buyer must advise the Seller in writing within a reasonable time prior to delivery quoting the full value to be insured.  The premium chargeable for such insurance shall be paid by the Buyer.

     

    16.       LIABILITY

     

    16.1          Subject to Condition 6, the Seller shall not be liable to the Buyer for any discrepancy in quantity or weight of the Goods and/or Services delivered unless the Buyer notifies the Seller of any such claim within 72 hours of receipt of the and/or Services;

     

    16.2          The Buyer shall immediately notify the Seller if the Goods and/or Services are not received within 72 hours of the due date of delivery.  The Seller shall not be liable for any non-delivery of Goods and/or Services (even if caused by the Seller’s negligence) unless the Buyer gives written notice to the Seller of the non-delivery within 72 hours of the date when the Goods and/or Services would in the ordinary course of events have been received.  Any liability of the Seller for non-delivery of the Goods and/or Services shall be limited to replacing the Goods and/or Services within a reasonable time or issuing a credit note at the pro rata contract rate against any invoice raised for such Goods and/or Services.

     

    16.3          The Seller shall not be liable for any defects in or damage to the Goods and/or Services caused by any act of neglect or default of the Buyer or of any third party or any other defects in or damage to the Goods and/or Services unless notified to the Seller within 72 hours of receipt of the Goods and/or Services by the Buyer or where the defect would not be apparent on reasonable inspection within one month of delivery.  Any liability of the Seller for defects of the Goods and/or Services shall be limited to replacing or repairing the Goods and/or Services or repaying to the Buyer the Price (less such allowance as the Seller may determine in respect of the scrap value of such Goods and/or Services in the event that the same are retained in the possession of the Buyer). 

     

    16.4          In the event of any breach of these Conditions by the Seller, the remedies of the Buyer shall be limited to damages.  Under no circumstances shall the liability of the Seller exceed the Price of the Goods and/or Services.

     

    16.5          The Seller's liability under this Condition shall be to the exclusion of all other liability to the Buyer whether contractual tortious or otherwise for defects in the Goods and/or Services or for any loss or damage to or caused directly or indirectly by the Goods and/or Services whether or not (save in the circumstances of sub-Condition 16.7) caused by the negligence of the Seller its employees or agents.

     

    16.6          The Seller's prices are determined on the basis of the limits of liability set out in this Condition.  The Buyer acknowledges that the limitations and exclusions of liability provided herein are reasonable in all the circumstances of the sale of Goods and/or Services envisaged hereunder including without limitation the prices charged by the Seller for Goods and/or Services.  The Seller shall not accept any greater liability to the Buyer above that which is provided herein unless the parties shall otherwise agree in writing and also on condition that the Price for Goods and/or Services shall be increased to take account of the Seller taking out insurance against the additional risks associated with any such greater liability accepted by the Seller.

     

    16.7          Unless the contract is an international supply contract as defined in section 26 of the Unfair Contract Terms Act 1977 the Seller shall accept liability for death or bodily injury caused by the negligence of the Seller its employees or agents.

     

    17.       LICENCES AND CONSENTS

     

    The Buyer shall promptly obtain any licence or consent of any government or other authority which is required for the acquisition or use of the Goods and/or Services, at the expense of the Buyer.  The Buyer shall promptly upon request supply all documents reasonably required by the Seller for this purpose.

     

    18.       FORCE MAJEURE

     

    18.1          The Seller reserves the right to defer the date of delivery or to cancel the contract or reduce the volume of the Goods and/or Services ordered by the Buyer (without liability to the Buyer) if the Seller is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Seller including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, (a “Force Majeure Event”) provided that, if the event in question continues for a continuous period in excess of 180 days, the Buyer shall be entitled to give notice in writing to the Seller to terminate the contract.

     

    18.2          Each party shall give notice forthwith to the other upon becoming aware of a Force Majeure Event, the notice to specify details of the circumstances giving rise to the Force Majeure Event.

     

    18.3          Should a Force Majeure Event occur and the Seller has insufficient stock to meet its Orders placed, the Seller may apportion available stock between its customers at its sole discretion.

     

    19.       INSOLVENCY

     

    19.1          If the Buyer fails to make payment for the Goods and/or Services in accordance with these Conditions of sale or commits any other breach of these Conditions of sale or if any distress or execution shall be levied upon any of the Buyer's goods or if the Buyer offers to make any arrangement with its creditors or if any bankruptcy petition is presented against the Buyer or the Buyer is unable to pay its debts as they fall due or if being a limited company any resolution or petition to wind up the Buyer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a receiver, administrator, administrative receiver or manager shall be appointed over the whole or any part of the Buyer 's business or assets or if the Buyer shall suffer any analogous proceedings under foreign law all sums outstanding in respect of the Goods and/or Services shall become payable immediately.  The Seller may in its absolute discretion and without prejudice to any other rights which it may have:

     

    19.1.1    suspend all future deliveries of Goods and/or Services to the Buyer and/or terminate the contract without liability upon its part; and/or

    19.1.2    exercise any of its rights pursuant to Condition 7.

     

    The Seller shall not be liable in these circumstances for any damages, claims or expenses whatsoever.

     

    19.2In the event that any of the circumstances referred to in Condition 19.1 arise, the Buyer’s right to possession of the Goods and/or Services shall terminate immediately.

     

    19.3Where the Seller is unable to determine whether any Goods and/or Services are the goods in respect of which the Buyer’s right to possession has terminated, the Buyer shall be deemed to have sold all goods of the kind sold by the Seller to the Buyer in the order in which they were invoiced to the Buyer.

     

    19.4The Buyer grants the Seller, its agents and employees an irrevocable licence at any time to enter any premises where the Goods and/or Services are or may be stored in order to inspect them, or, where the Buyer’s right to possession has terminated, to recover them.

     

    20.       CONSUMER PROTECTION ACT 1987 ("THE ACT")

     

    20.1          Where the Seller supplies Goods and/or Services to the Buyer for incorporation with, or use ancillary to, any composite products to be produced, manufactured, processed or supplied by the Buyer ("Buyer Composite Products") or by any sub-purchaser from the Buyer or other third party ("Third Party Composite Products"):-

     

    20.1.1    The Buyer shall, in the case of Buyer Composite Products, forthwith on demand produce for inspection by the Seller copies of all written instructions, information and warnings to be supplied therewith or in relation thereto and in the case of Third Party Composite Products shall use its best endeavours to produce for inspection by the Seller copies of all written instructions, information and warnings to be supplied therewith provided that such inspection or right to inspect on the part of the Seller shall not of itself constitute acceptance or approval of such items; and

    20.1.2   The Buyer shall indemnify, reimburse and compensate the Seller for all losses and damages (including costs, expenses and charges for legal actions in which the Seller may be involved) that the Seller may incur in the event that any claim or claims are made against the Seller pursuant to the Act relating to Buyer Composite Products or Third Party Composite Products in circumstances where the Goods and/or Services supplied by the Seller:-

     

    20.1.2.1          were not the defective part of the said Buyer or Third Party Composite Product; or

    20.1.2.2          were only rendered the defective part or became a defective product by reason of actions or omissions of the Buyer or a third party; or

    20.1.2.3          were only rendered the defective part or became a defective product by reason of instructions or warnings given by the Buyer or other supplier of the said Products, or by reason of the Seller's compliance with drawings or specifications furnished by or on behalf of the Buyer.

     

    20.2For the purposes of this Condition only, the word "defective" shall be interpreted in accordance with the definition of "defect" contained in Part 1 of the Consumer Protection Act.