a) Save as provided by sub-clause b) of this condition, the Company agrees to replace goods or at its option repay the Customer all sums paid in respect of goods supplied by it which are proven to the Company's satisfaction to be faulty (fair wear and tear or damage due to misuse excepted) provided that such fault be notified in writing within one month from the date of delivery to the Customer. Any such replacements shall include free delivery to the Customer's works. This Guarantee is given in lieu of the implied conditions and warranties contained in Sections 13, 14 and 15 of the Sale of Goods Act, 1893, as amended and any other conditions or warranties implied by trade, custom, usage or statute which are hereby expressly excluded. The Customer hereby acknowledges:-
(i) That it fully appreciates, that the Company act as stockists and merchants only and are in no way concerned with the manufacture of the goods.
(ii) that the goods were purchased by it relying totally on its own assessment as to fitness for the purpose required and having regard Commission Decision No. 31/53/ECSC (as amended from time to time) to the facility for inspection and testing by it whether or not it took advantage of the facility for such inspection and testing offered to it by the Company.
(iii) that it purchased the goods in a competitive market and that the bargaining strength of the Company was in no way a relevant factor in the purchase of the goods from the Company.
(iv) that it purchased the goods in the course of business and not for private use.
(v) that it knows the extent of the meaning of this clause and the limitations thereby imposed by it upon Sections 13, 14 and 15 of the Sale of Goods Act 1893 as amended.
b) The company's liability for all goods or materials or services supplied by it not manufactured or performed by it as the case may be shall be limited to the liability of the manufacturers or suppliers of such goods and/or services to the Company and the Company's liability on delivery shall be limited to the liability of the Carrier to the Company in respect of such delivery whether or not the extent of the manufacturer's, supplier's or carrier's liability is made known to the Customer.