7. Claims and Returns
7.1 Subject to clause 2.2 herein, BAT shall not be liable for any loss or damage whatsoever and however arising whether direct or indirect or consequential or in respect of any claim when whenever and however made for any loss or damage, deterioration, deficiency or other fault or harm in the goods provided by or on behalf of or in any arrangement with BAT or occasioned to the customer or any third party or to his or their property or interest and whether or not due to the negligence of BAT, its servants or agents.
7.2 As soon as any of the facts or matters which form any part of any claim or complaint whatsoever come known to the customer, the customer shall within seven (7) days notify BAT in writing of the same except claims for non-delivery which must be made in writing within fourteen (14) days from the date of invoice.
7.3 BAT shall not be liable in any circumstances for any:
(a) defects or damages caused in whole or in part by misuse, abuse, neglect, improper installation, repair or alteration (other than by BAT) or accident;
(b) any transport installation removal, labour or other costs;
(c) details in goods not manufactured by it but BAT will endeavour to pass on to the customer the benefit of any claim made by BAT and accepted by the customer and the benefit of any claim made by BAT and accepted by the manufacturer of such goods under a warranty given by the manufacturer of such goods provided that nothing contained in this subparagraph shall limit the rights of the customer to proceed against BAT pursuant to the Trade Practices Act; and
(d) technical advice or assistance given or rendered by it to the customer or not in connection with the manufacture construction or supply of goods for or to the customer.
7.4 All claims must refer to the official invoice number and date and state the reason for the claim.
7.5 No freight charges for return of goods under the Customer’s volition shall be acceptable by the Company unless authorised by BAT
7.6 Goods returned for credit will be subject to restocking charges and will be accepted only if received in original condition. A restocking charge to be determined by BAT will be applied on goods sent back for credit or exchange.
7.7 The following goods cannot be returned for credit under any circumstances:
(a) any merchandise specially cut to length;
(b) any goods specially made, coated or otherwise treated or purchased for the Customer;
(c) any goods damaged or altered in any way by the Customer.
7.8 Acceptance of delivery of goods returned for credit does not signify agreement to issue a credit note. A credit note will be issued only after the goods have been inspected and found to be satisfactory in the opinion of BAT In the event that a credit note is not issued, the Customer will be advised and the goods made available to the Customer. BAT shall not be deemed to be in error unless a confirmation order in writing has been received before goods were despatched.
7.9 No responsibility will be accepted for any delays in passing credit caused by goods being incorrectly branded or returned to any other destination that BAT warehouse or depot from which they were purchased.