Common use of Specifications and Performance Clause in Contracts

Specifications and Performance. (A) The Seller does not guarantee that the illustrations, descriptions, physical or chemical properties, dimensions and other specifications relating to the Goods in the Seller’s brochures, catalogues, drawings or documents (Specifications) will in all cases be identical to the Goods. The Seller may make changes to the Specifications at any time provided that the changes do not adversely affect the quality of Goods. The Seller shall use its reasonable endeavours to notify the Buyer of any material changes to any Specifications. Any samples or Specifications are a guide only produced for the sole purpose of giving an approximate idea of the goods and services described therein and do not form part of the Contract nor constitute any form of guarantee or warranty. (B) The Buyer acknowledges it does not rely on the skill or judgement of the Seller or any of the Seller’s employees in relation to the suitability of the Goods for any particular purpose and it is the Buyer’s sole responsibility to satisfy itself whether the Goods are or will be suitable for any such purpose. (C) The Goods will be subject to the Seller’s standard tests at the Seller’s facilities before despatch. The Seller shall not have any liability howsoever caused or arising for, makes no guarantee and provides no warranty in respect of performance or performance levels of the Goods. (D) The Buyer at its own cost undertakes to maintain appropriate, up-to-date and accurate records to enable the immediate recall of any Goods or batches of such Goods. These records shall include records of deliveries to customers (including batch numbers, delivery date, name and address of customer, telephone number, fax number and email address). In the event that there is a material defect in the Goods, the Buyer agrees to reasonably assist Supplier in any recall, retrofit or replacement program for the Goods at the expense of the Seller.