9.1 ZUK Integrated Cyber Security does not manufacture any of the Products and therefore, to the fullest extent permitted by law (and subject always to paragraph 10.1), all warranties, conditions and other terms in respect of quality, defects in design, workmanship, conformity with description and/or fitness for purpose are excluded and ZUK Integrated Cyber Security makes no representations in respect of the same. Instead, ZUK Integrated Cyber Security will use reasonable endeavours to pass on the benefit of any warranties of any Supplier in respect of the Products onto you, and you shall use any Software in accordance with the terms of any end user licence agreements that any Supplier may have in place from to time.
9.2 Upon receipt of written notice from you as to defects in quality, workmanship or otherwise in respect of the Products, ZUK Integrated Cyber Security shall use its reasonable endeavours to contact the Supplier(s) of the relevant Products and provide them with reasonable details of the relevant defect for them to respond to you directly. For the avoidance of doubt, ZUK Integrated Cyber Security shall not be liable or responsible for any response (or failure to respond) on the part of any such Supplier.
9.3 ZUK Integrated Cyber Security’s obligations under paragraph 9.2 do not apply where the relevant Products have been altered, modified and/or otherwise changed by you and / or a third party without the prior written consent of ZUK Integrated Cyber Security, where you have not used the Products in accordance with either ZUK Integrated Cyber Security’s or the Supplier’s instructions, where the issue with the Products is caused by fair wear and tear, where you have used parts and/or accessories with the Products that have not been approved by ZUK Integrated Cyber Security and/or the Supplier, and/or where ZUK Integrated Cyber Security has had to alter the Products pursuant to paragraph 3.4. In addition, ZUK Integrated Cyber Security’s obligations do not apply to Software that is not used by you and / or a third party in the agreed system environment (as ZUK Integrated Cyber Security may notify you in writing from to time).
9.4 You undertake that you shall not bring any warranty claims against ZUK Integrated Cyber Security directly (as you acknowledge that ZUK Integrated Cyber Security does not manufacture any of the Products) whether in relation to defects in the Products or otherwise.
9.5 You acknowledge that ZUK Integrated Cyber Security has no control over the actions of the Supplier in relation to any defective Products; therefore, you undertake that you will not bring any claim against ZUK Integrated Cyber Security for any failures or inaction on the part of any Supplier to repair and/or replace any such Products.
9.6 Furthermore, you acknowledge that in any case a defect is existent only when it is notified in detail immediately after discovery by you in writing to ZUK Integrated Cyber Security and comprises a relevant and reproducible error. Any warranty by the Supplier is excluded for defects which are caused by: a) insufficient maintenance of the Products by you; b) failure to observe the operating or installation instructions in relation to Product; c) inappropriate use of the Products; d) use of non-approved parts and accessories; e) common wearing of any Product; f) improper handling or transportation of the any Product; g) modifications or repair attempts in relation to any Product; and / or h) external influences, in particular, force majeure (e.g. failure of the power supply or the air-conditioning, natural hazards) and other reasons for which neither ZUK Integrated Cyber Security nor manufacturer / supplier are responsible for.
9.7 Where ZUK Integrated Cyber Security and/or the Supplier replaces any faulty Product for you then you must, at your own cost, within 30 days after receipt of the replacement Product, send to ZUK Integrated Cyber Security the faulty Product. In the case of Software, copies of Software may not be retained by you. Upon ZUK Integrated Cyber Security and/or the Supplier receiving the faulty Product, if ZUK Integrated Cyber Security and/or the Supplier (as the case may be) deem the Product not to be faulty, then ZUK Integrated Cyber Security will be entitled to charge you for the replacement Products.
9.8 If you have made any warranty claims and no defect existed, you are liable for its claim and has to reimburse ZUK Integrated Cyber Security for any costs incurred (whether in relation to contacting the Supplier or otherwise). Additionally, ZUK Integrated Cyber Security can claim reimbursement of cost incurred on such claims made by you where you have not provided any evidence of any such defect.
9.9 The assignment of any claims by you under this paragraph 9 is not permitted, unless ZUK Integrated Cyber Security expressly approves such assignment in writing.