11. Notification of Defects, Damage or Loss

11. Notification of Defects, Damage or Loss

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11.1 : All Goods should be examined and tested by the Buyer on delivery.
11.2 : Whether or not any such examination is made in accordance with Condition 11.1, any claim by the Buyer in respect of any defect or suspected defect in the Goods must be made in writing to the Seller within:
11.2.1 : 14 days of delivery where the defect should be apparent on a reasonable examination in accordance with Condition 11.1; or
11.2.2 : 14 days of the defect coming to the knowledge of the Buyer where the defect is not one which should be apparent on reasonable inspection, and in any event not later than 6 months from the date of delivery of the Goods (the
“Warranty Period”) and before the Goods are used in the Buyer’s manufacturing process. If the Buyer does not so notify the Seller, the Goods shall be deemed to have been accepted by the Buyer as having been delivered in all respects in accordance with the Contract and the Buyer will not be entitled to reject the Goods and, subject to Conditions 10.11, the Seller will have no liability whatsoever for such defect.
11.3 : Subject to Condition 10.11 the Seller will not be liable to the Buyer for any claims under or in connection with the Contract that are not brought within 6 months of the end of the applicable Warranty Period.
11.4 : Any claim by the Buyer on account of quality shall be decided by reference to control samples drawn at the time of manufacturing the relevant Goods and retained in the Seller’s laboratories. The results of the examination of such control samples shall be conclusive in all respects in regard to such claim.

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