9.1 All Parts shall benefit from a warranty of 12 months from date of delivery to you.
9.2 Subject to Condition 9.4, if:
9.2.1 you give us notice in writing during the Warranty Period that the Part does not comply with the warranty set out in clause 9.1; and
9.2.2 we are given a reasonable opportunity to examine and/or inspect such Part; and
9.2.3 you allow us to collect such Part from you or (if asked to do so by us) return such Part to us,
then provided we accept (in our sole discretion) that the Part is defective and does not conform with the warranty at clause 9.1, we shall at our option, repair or replace the defective Part, or refund the price of the defective Part in full.
9.3 Where, as a result of carrying out an examination or inspection of any Part pursuant to clause 9.2.2, we find that the Part is not defective or that the defect has arisen due to those events set out in clause 9.4, then we may charge you and you shall pay to us within 30 days from the date of our invoice a reasonable sum in respect of such examination or inspection.
9.4 We shall not be liable for a Part’s failure to comply with the warranty set out in clause 9.1 where:
9.4.1 in the case of a defect that is apparent on normal visual inspection, you do not notify us within 48 hours of delivery (applicable);
9.4.2 the Part has not been properly installed, connected or commissioned in accordance our guidelines;
9.4.3 the defect in the Part has arisen as a result of a failure by you to replace any associated parts as required by us;
9.4.4 the Part has been altered or repaired in any way that has not been approved by us;
9.4.5 any instructions from us (written or otherwise) as to the storage or maintenance of such Part has not been followed;
9.4.6 you have failed to notify us of any problem or suspected problem in accordance with clause 9.2;
9.4.7 the defect has arisen as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions;
9.4.8 the Part has been used after giving notice to us in accordance with clause 9.2;
9.4.10 the defect arises as a result of a fault caused by a previous repair;
9.4.11 the Parts have been fitted to a vehicle for which it was not specifically intended;
9.4.12 the vehicle has not been used in accordance with the relevant owner’s manual and/or documentation;
9.4.13 the vehicle has been operated long term in a country for which it has not been specified; and
9.4.14 the vehicle has been overburdened or used for purposes for which it was not intended (including racing).
9.5 If we comply with clause 9.2 we shall have no further liability for a breach of any of the warranties in clause 9.1.
9.6 Any Parts which have been replaced will belong to us. Any repaired or replacement Parts will be liable to repair or replacement or refund for the unexpired portion of the Warranty Period from the original date of delivery of the replaced Part under the terms specified in this clause 9.
9.7 Where we require to undertake an examination or inspection of any Part pursuant to clause 9.2.2 but you require a replacement Part prior to that examination or inspection being carried out then:
9.7.1 we shall be entitled to charge you the Price for the replacement Part;
9.7.2 if, having carried out the examination or inspection, we accept that (in our sole discretion) the Part is defective then we shall issue a refund to you in respect of the Price paid by you for the replacement Part and the warranty at clause 9.1 shall continue to apply for the unexpired part of the Warranty Period, subject to the terms of this clause 9;
9.7.3 if, having carried out the examination or inspection, we find that (in our sole discretion) the Part is not defective or that the defect has arisen due to those events set out in clause 9.3, then we shall not issue a refund in respect of the replacement Part and the replacement Part shall benefit from the warranty referred to at clause 9.1, subject to the terms of this clause 9.
9.8 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are excluded from the Contract to the fullest extent permitted by law.
9.9 This Condition 9 shall apply in respect of any repaired or replacement Parts for any unexpired part of the Warranty Period.