11.1 Newmont Trading LLC warrants to the Customer that the Goods will, at the time of delivery, conform in all material respects to the written description agreed to by the parties and included in the Contract, and be free from defects in material and workmanship.
11.2 Newmont Trading LLC shall, at its option, repair or replace defective Goods, or refund the price paid by Newmont Trading LLC’s customer in full if:
(i) the Customer gives notice in writing during the Warranty Period and within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out above;
(ii) Newmont Trading LLC is given a reasonable opportunity of examining such Goods; and
(iii) the Customer (if asked to do so by Newmont Trading LLC) returns such Goods to Newmont Trading LLC’s place of business at Newmont Trading LLC’s cost.
11.3 Newmont Trading LLC shall not be liable for the failure of the Goods to comply with the warranty if:
(i) the Customer makes any further use of such Goods after giving a notice in accordance with the foregoing;
(ii) the defect arises because the Customer failed to follow instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
(iii) the Customer alters or repairs such Goods;
(iv) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
11.4 Newmont Trading LLC’s sole obligation and liability in the event of breach of warranty will be Newmont Trading LLC’s refund against the original invoice for the amount paid by the Customer. Refunds are made in the form of a credit note back to the Customer’s account.
11.5 Except to the extent such exclusion is prevented by law, Newmont Trading LLC makes no warranty whatsoever with respect to branded Goods manufactured by third party suppliers and warranties with respect to such Goods are limited to those which are offered by such suppliers and are transferable to the Customer.