Dolphin Warranty

1.              INTRODUCTION

• 1.1 This document sets out the warranties Dolphin shall provide in respect of Dolphin products purchased by a Customer in accordance with the Contract.
• 1.2 Unless otherwise defined or the context requires otherwise, defined terms in this document have the same meaning as that given to them in Dolphin’s Terms and Conditions for the Supply of Goods which can be found here.

2.             LIMITED WARRANTY

• 2.1 In order to avail itself of the benefit of the warranties, the Customer must:
  • 2.1.1 provide Dolphin with the original proof of purchase;
  • 2.1.2 provide Dolphin with any applicable certification of installation; and
  • 2.1.3 reasonably respond with sufficient detail to any questions from Dolphin relating to the Goods, including the use and installation of the Goods.
• 2.2 Dolphin warrants that on delivery of the Goods to the Delivery Location in accordance with the Contract and for the applicable Warranty Period described in clause 2.3, the Goods shall:
  • 2.2.1 conform in all material respects with the Specification;
  • 2.2.2 be free from material defects in design, material and workmanship; and
  • 2.2.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).

For the avoidance of doubt the above warranty does not apply to any consumables.

• 2.3  The warranty period applicable to the Goods shall be a minimum of 1 year unless otherwise stated in the following table or as otherwise notified to the Customer in writing (“Warranty Period”):

3               DEFECTIVE GOODS AND RETURNS

• 3.1 The Customer may reject any Goods delivered to it that do not comply with the warranties set out in paragraph 2.1 during the applicable Warranty Period provided that:
  • 3.1.1 notice of rejection is given to Dolphin:
    • 3.1.1.1 in the case of a defect that is apparent on normal visual inspection, within one month of delivery;
    • 3.1.1.2 in the case of a latent defect, within a reasonable time of the latent defect having become apparent.
  • 3.1.2 sufficient details are provided along with the notice of rejection by the Customer as to why the Customer is rejecting the Goods;
  • 3.1.3 Dolphin is given a reasonable opportunity of examining such Goods;
  • 3.1.4 the Customer (if asked to do so by the Dolphin) returns such Goods to the Dolphin’s place of business, or at Dolphin’s option to the manufacturer, at the Customer’s cost; and
  • 3.1.5 none of the events listed in clause 3.2 apply.
• 3.2 Dolphin shall not be liable for the Goods’ failure to comply with the warranties set out in paragraph 2.1 if:
  • 3.2.1 the Customer makes any further use of such Goods after giving notice in accordance with clause 3.1;
  • 3.2.2 the Customer (directly or indirectly via any third party) alters or repairs or has altered or repaired such Goods without the written consent of the Dolphin;
  • 3.2.3 the Goods differ from their description or the Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements;
  • 3.2.4 the Goods are used by the Customer outside of the purpose as intended in the Specification;
  • 3.2.5 the defect arises:
    • 3.2.5.1 because the Customer failed to follow Dolphin’s (and/or the manufacturer’s) oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
    • 3.2.5.2 as a result of Dolphin following any drawing, design or specification supplied by the Customer;
    • 3.2.5.3 as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions;
    • 3.2.5.4 as result of foreign bodies, dirt or scale introduced by the water supply; or
    • 3.2.5.5  as a result of pressures or temperatures exceeding recommended limits.
  • 3.2.6 For ALAVO projects only:
    • 3.2.6.1 An installer approved in writing by Dolphin is not used;
    • 3.2.6.2 Soap cartridge refills approved or supplied by Dolphin are not used;
    • 3.2.6.3 PPM (Planned Preventative Maintenance) arrangements are put in place more than a year after the ALAVO products are installed

4               REMEDIES

• 4.1 If the Customer rejects the Goods under paragraph 3.1 then Dolphin shall in its sole discretion
  • 4.1.1 repair or replace the rejected Goods; or
  • 4.1.2 repay the price of the rejected Goods in full.
• 4.2 Once Dolphin has provided one of the remedies set out at paragraph 4.1, it shall have no further liability to the Customer for the rejected Goods’ failure to comply with the warranties set out at paragraph 2.1.
• 4.3 The terms of this Dolphin Warranty Document shall apply to any repaired or replacement Goods supplied by Dolphin.