Warranty
12.1 The Supplier warrants and represents that it shall:
12.1.1 have all consents, licences and authorisations necessary to deliver and perform the Deliverables;
12.1.2 provide high quality Documentation for the Deliverables;
12.1.3 ensure compliance and fulfilment of its obligations in accordance with the Order and the Contract;
12.1.4 observe, and ensure that the Supplier Personnel observe all health and safety rules and regulations and any other security requirements that apply at any of Hafod’s premises including the Location;
12.1.5 comply with all applicable laws, regulations, regulatory policies, guidelines or industry codes which may apply to the delivery and performance of the Deliverables, and with the Mandatory Policies;
12.1.6 ensure that the Supplier Personnel use reasonable skill and care in the delivery and performance of the Deliverables;
12.1.7 keep Hafod fully informed of all activities concerning the Deliverables and provide Hafod with activity reports on request;
12.1.8 conduct such tests, including pre-delivery and post-delivery acceptance tests and inspections, in relation to the Deliverables prior to delivery or performance as Hafod may require at its sole discretion acting reasonably;
12.2 The Supplier warrants and represents that, the Deliverables shall for a period of 12 months from acceptance (the Warranty Period):
12.2.1 conform to any sample, and to the quality and description of the Specification;
12.2.2 be free from defects in design, material and workmanship;
12.2.3 comply with all Applicable Laws, standards and best industry practice;
12.2.4 if Goods, be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and
12.2.5 if Services, be supplied with reasonable care and skill within the meaning of the Supply of Goods and Services Act 1982, Part II, s 13;
12.2.6 be fit for purpose and any purpose held out by the Supplier and set out in the Order and as otherwise required to meet Hafod’s needs; and
12.2.7 any media on which the results of the Services are supplied shall be free from defects in material and workmanship and of satisfactory quality within the meaning of the Sale of Goods Act 1979.
12.3 The Supplier agrees that the approval by Hafod of any design or Specification provided by the Supplier shall not relieve the Supplier of any of its obligations under this clause 12.
12.4 The Supplier warrants that it understands Hafod’s business and needs.
12.5 Hafod may reject any Deliverables that do not comply with clause 12.2 and the Supplier shall, at Hafod’s option, promptly remedy, repair, replace, correct, re-perform or refund the price of any such Deliverables provided that Hafod serves a written notice on the Supplier within the Warranty Period that some or all of the Deliverables do not comply with clause 12.2.
12.6 The provisions of these Conditions shall apply to any Deliverables that are remedied, repaired, replaced, corrected or re-performed with effect from the date of the acceptance of the remedied, repaired, replaced, corrected or re-performed Deliverables.
12.7 Hafod’s rights under these Conditions are in addition to, and do not exclude or modify, the rights and conditions contained in the Supply of Goods and Services Act 1982, s 12 to 16 and the Sale of Goods Act 1979, s 13 to 15.
12.8 Hafod shall be entitled to exercise its rights under clause 12 regardless of whether the Deliverables have been accepted under the Acceptance Conditions and notwithstanding that the Deliverables were not rejected following their initial inspection under clause 9.3.