Defects In Materials. 18.1 The Client shall inspect the Materials on delivery (or the Works on completion) and shall within seven (7) days of delivery (time being of the essence) notify HSE of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford HSE an opportunity to inspect the Materials within a reasonable time following delivery if the Client believes the Materials are defective in any way. If the Client shall fail to comply with these provisions the Materials shall be presumed to be free from any defect or damage. For defective Materials, which HSE has agreed in writing that the Client is entitled to reject, HSE’s liability is limited to either (at HSE’s discretion) replacing the Materials or repairing the Materials. 18.2 Materials will not be accepted for return other than in accordance with 18.1 above, unless at HSE’s discretion, with the items contained within inventory stock, and returned with all original packaging intact. 18.3 HSE may (at its discretion) accept the return of Goods for credit, but this may incur a restocking fee of twenty percent (20%) of the value of the returned Goods plus any freight. 18.4 Subject to clause 18.1, non stock-list items or Goods made to the Client’s specifications are not acceptable for credit or return.
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