Common use of Liability and Remedies Clause in Contracts

Liability and Remedies. 9.1 Saltwell shall ensure that the Products comply with the latest quality specifications provided by Saltwell. 9.2 Except as set forth in Section 9.1, the Products are provided on an “as is” basis, and Saltwell disclaims any other responsibilities, liabilities, warranties and representations, whether express or implied, including implied warranties of merchantability, title, fitness for a particular purpose and non-infringement. 9.3 If the Products would not comply with the quality specification as set out in Section 9.1, Saltwell shall, at its sole discretion and as the sole and exclusive remedy, either (i) refund the corresponding part of the Purchase Price or (ii) deliver substitute Products that comply with the quality specification. If the breach constitutes a material breach of the Agreement, the Customer shall have the right to terminate the Agreement in accordance with Section 15.1. 9.4 Further, if the Products would not comply with the quality specification as set out in Section 9.1, the Customer must notify Saltwell in writing within five (5) Business Days from the time the Products have been delivered in accordance with Section 5. If the Customer fails to do so, the Customer has lost the right to claim that the Products are not delivered in accordance with this Agreement. The written notice shall be specified and state why the Products are not provided in accordance with the Agreement as well as the time for delivery of the relevant Products. 9.5 The Customer shall, upon ▇▇▇▇▇▇▇▇’s request, return the Products subject to a claim, whereby Saltwell shall pay for the shipping. The Customer undertakes to follow ▇▇▇▇▇▇▇▇’s instructions on how the shipping of the returned goods shall be made. 9.6 In the event ▇▇▇▇▇▇▇▇ has not delivered the agreed quantities of the Products, the delivery shall not be considered defective but delayed. For the avoidance of doubt and as set out in Section 5.3, ▇▇▇▇▇▇▇▇ shall not be liable for any delays in relation to the Products.