Warranty_MJ Flood Security
9.1 The Company warrants to the Client that at the time of Delivery the Goods will:
9.1.1 subject to Condition 5.1, conform to the Specification in all material respects; and
9.1.2 be free from material defects in design, materials or workmanship.
9.2 If there is a breach of either of the warranties at Condition 9.1, the Client will:
9.2.1 give the Company written notice of the breach, such notice to begiven:
   9.2.1.1  in respect of any breach that should be apparent from a visual inspection of the relevant Good, within 3 Business Days from and including the date  of Delivery; or
   9.2.1.2  in respect of any other breach, within 5 Business Days after the Client  become aware or should reasonably have been aware of the breach and prior to expiry of the Warranty Period;
9.2.2 at the Company’s option either return to the Company (at the Client’s cost) the relevant Good or permit the Company or the Company’s agent or sub-contractor to inspect it at the Client’s premises;
9.2.3 provide the Company with all information and assistance which the Company may reasonably require to investigate the alleged breach; and
9.2.4 not use the relevant Good after becoming aware of the breach.
9.3 Subject to Condition 10.5, the Company’s only Liability for breach of either of the warranties at Condition 9.1 will be, at the Company’s option, to repair or replace the relevant Good or to reduce the Price of the relevant Good by a sum which is equitable in the circumstances.
9.4 Subject to Conditions 10.5, the Company will not have any Liability for a breach of a warranty at Condition 9.1 if:
9.4.1 notice of the breach was not given to the Company in accordance with the relevant timescale as set out in Condition 9.2.1;
9.4.2 the Client does not comply with any of the Client’s obligations at Conditions 9.2.2, 9.2.3 or 9.2.4 in respect of the breach; or
9.4.3 the breach was drawn to the Client’s attention before formation of the Contract, or the Good was examined by the Client before formation of the Contract and the examination ought to have revealed the breach.
9.5 The Client acknowledges that, without limitation, the following defects are not to be taken as evidence of a breach of a warranty at Condition 9.1:
9.5.1 a defect in a Good caused by damage in transit after Delivery;
9.5.2 a defect in a Good caused by fair wear and tear; or
9.5.3 a defect in a Good caused or exacerbated by improper use, handling, alteration, installation, repair, maintenance, storage or failure to comply with instructions provided with the Good, in each case after Delivery.
9.6 Subject to Condition 10.5, all warranties, conditions and other terms implied by law (whether by statute, common law or otherwise) are excluded from the Contract.