7 Warranties

7.1 We warrant that the Services will be provided using reasonable care and skill.
7.2 We warrant that on delivery the Deliverables shall:
(a) conform with their Specification;
(b) be free from material defects in design, material and workmanship; and
7.3 Subject to clause 4, we shall, at our option and as your exclusive remedy for any breach of clause 7.2, repair or replace the defective Deliverables, or refund the price of the defective Deliverables in full if:
(a) You give notice in writing in accordance with clause 2 that some or all of the Deliverables do not comply with the warranty set out in clause 7.2;
(b) we are given a reasonable opportunity of examining the Deliverables; and
(c) if asked to do so by us, you return such the Deliverables to our place of business.
7.4 We shall not be liable for the Deliverables’ failure to comply with the warranty in clause 2 if:
(a) you make any further use of such Deliverables after giving a notice in accordance with clause 3;
(b) the defect arises because you failed to follow our instructions as to the storage, installation, commissioning, use or maintenance of the Deliverables;
(c) the defect arises as a result of us following any drawing, design, description or specification supplied by you;
(d) you alter or repair such Deliverables without our consent;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal conditions; or
(f) the Deliverables differ from their Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
7.5 Except as provided in this clause 7, we shall have no liability to you in respect of the Deliverables’ failure to comply with the warranty set out in clause 2.

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