and is supplementary to JCB’s terms and conditions of purchase, which are incorporated into the contract between JCB and the Supplier. In the event of any conflict between Condition 5 (“Quality and Condition”) of such terms and conditions and this agreement then this agreement shall prevail. 1.1. Without prejudice to any other rights of JCB, express or implied by law, the Supplier shall warrant that the Supplier’s products (“Components”) shall be new and unused, free from defects in design, materials and workmanship, shall be fit for their purpose, of satisfactory quality and shall comply with all specifications, drawings, samples and other descriptions furnished or specified by JCB and shall be approved for use in the JCB installation and/or application. The Components shall be of no lesser quality than any prototypes or other trial products delivered to or examined by JCB prior to production supplies.2.1. The Supplier shall reimburse JCB all costs incurred in respect of the rectification and/or replacement of the Components which do not comply with the warranty including but not limited to: 2.1.1. Material - JCB Service cost of replacement (failed and consequential) 2.1.2. Uplift – Cost of the distribution of replacement parts from JCB to its dealers expressed as a percentage of the parts costs. 2.1.3. Labour – The prevailing labour rate per hour between JCB and its dealer multiplied by the labour time allowances published in JCB Repair Time Schedules.
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