WARRANTY; LIMITATION OF LIABILITY. (a) Subject to Condition 17 (Health & Safety at Work etc ▇▇▇ ▇▇▇▇ as Amended) and to the next paragraph the Seller undertakes to repair or replace free of charge at its option, where requested by the Buyer so to do, any product manufactured by the Seller which proves to be defective in workmanship or material within 12 months of despatch to such Buyer, provided that the Buyer gives to the Seller notice of such defect without delay and satisfies the Seller that the product had been installed, operated, stored or maintained by the Buyer in a proper manner and only in the correct application for that product. (b) On products or parts of products not manufactured by the Seller this warranty is limited to extending to the Buyer the same warranty as given to the Seller by the supplier of such products or parts of products. (c) The foregoing warranty is in lieu of and excludes any further remedy whatsoever in respect of any defective product. (d) Under no circumstances shall the Seller have any liability whatsoever for loss of use or for any indirect or consequential damages. In no event shall the Seller's liability exceed the original contract price as reduced by any monies paid by the Buyer for goods which were accepted under the same contract (e) No express or implied warranty is given by the Seller regarding the fitness or suitability for any particular purpose or application or any product supplied or manufactured by the Seller unless confirmed by the Seller in writing. (f) The Buyer, by placing an order, accepts that it is not relying upon any promise representation or inducement unless confirmed in writing by the Seller. (g) Each limitation or exclusion of liability is severable and does not apply to claims for personal injury or death arising from negligence.
Appears in 2 contracts
Sources: Terms and Conditions, Terms and Conditions
WARRANTY; LIMITATION OF LIABILITY. Seller warrants title to each individual product sold under this Contract and further warrants for a period of twenty four (a24) Subject to Condition 17 (Health & Safety at Work etc ▇▇▇ ▇▇▇▇ as Amended) and months from ship date, but only to the next paragraph extent and limit of the Seller undertakes purchase price paid for such individual product, that such product conforms to repair or replace the specifications set forth in the Contract and is free from defects in material and workmanship under normal service and use for which it was designed. Seller’s sole obligation and Purchaser’s exclusive remedy under this warranty shall be limited to one of charge at its optionthe following, where requested as selected by the Buyer so Seller: delivering to do, Purchaser a replacement for any product manufactured or part thereof determined by the Seller which proves to be defective in workmanship defective, repairing such product or material part, or refunding the purchase price (or an equitable portion thereof) paid for such product or part by Purchaser. SELLER MAKES NO WARRANTY OF FITNESS OR MERCHANTABILITY, AND NO OTHER WARRANTY, WHETHER EXPRESS OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE IMPLIED SHALL EXIST IN CONNECTION WITH SELLER’S PRODUCTS OR ANY SALE OR USE THERE OF. Purchaser must notify Seller promptly and within 12 months the warranty period of despatch to such Buyer, provided that the Buyer gives any claim under this warranty. Seller’s warranty extends only to the first purchaser of a product from Seller notice of such defect without delay and satisfies the Seller that the product had been installed, operated, stored or maintained by the Buyer in a proper manner and only in the correct application for that product.
(b) On products or parts of products Seller’s authorized distributor. All goods not manufactured by the Seller this warranty is limited to extending are warranted only to the Buyer extent of the same warranty as given to warranties of the original manufacturer. Seller by the supplier of such products or parts of products.
(c) The foregoing warranty is in lieu of and excludes any further remedy whatsoever in respect of any defective product.
(d) Under no circumstances shall the Seller have disclaims any liability whatsoever arising from tort, including strict liability, and Seller further disclaims any liability (whether arising under this or any other provision of this Contract or otherwise) for any costs (including costs of removal or replacement), liabilities, lost profits, loss of use good will or for any indirect other general, special, incidental or consequential damages. In no event shall the Seller's liability exceed the original contract price as reduced damages incurred by any monies paid by the Buyer for goods which were accepted under the same contract
(e) No express or implied warranty is given by the Seller regarding the fitness or suitability for any particular purpose or application Purchaser in connection with this Contract or any product supplied or manufactured by the Seller unless confirmed by the Seller in writingpurchased there under.
(f) The Buyer, by placing an order, accepts that it is not relying upon any promise representation or inducement unless confirmed in writing by the Seller.
(g) Each limitation or exclusion of liability is severable and does not apply to claims for personal injury or death arising from negligence.
Appears in 1 contract
Sources: Terms and Conditions
WARRANTY; LIMITATION OF LIABILITY. (a) Subject to Condition 17 (Health & Safety at Work etc ▇▇▇ ▇▇▇▇ Act 1974 as Amended) and to the next paragraph the Seller undertakes to repair or replace free of charge at its option, where requested by the Buyer so to do, any product manufactured by the Seller which proves to be defective in workmanship or material within 12 months of despatch to such Buyer, provided that the Buyer gives to the Seller notice of such defect without delay and satisfies the Seller that the product had been installed, operated, stored or maintained by the Buyer in a proper manner and only in the correct application for that product.
(b) On products or parts of products not manufactured by the Seller this warranty is limited to extending to the Buyer the same warranty as given to the Seller by the supplier of such products or parts of products.
(c) The foregoing warranty is in lieu of and excludes any further remedy whatsoever in respect of any defective product.
(d) Under no circumstances shall the Seller have any liability whatsoever for loss of use or for any indirect or consequential damages. In no event shall the Seller's liability exceed the original contract price as reduced by any monies paid by the Buyer for goods which were accepted under the same contract
(e) No express or implied warranty is given by the Seller regarding the fitness or suitability for any particular purpose or application or any product supplied or manufactured by the Seller unless confirmed by the Seller in writing.
(f) The Buyer, by placing an order, accepts that it is not relying upon any promise representation or inducement unless confirmed in writing by the Seller.
(g) Each limitation or exclusion of liability is severable and does not apply to claims for personal injury or death arising from negligence.
Appears in 1 contract
Sources: Terms and Conditions for Supply of Goods or Services
WARRANTY; LIMITATION OF LIABILITY. Seller warrants title to each individual product sold under this Contract and further warrants for a period of one (a1) Subject to Condition 17 (Health & Safety at Work etc ▇▇▇ ▇▇▇▇ as Amended) and year after shipment, but only to the next paragraph extent and limit of the Seller undertakes purchase price paid for such individual product, that such product conforms to repair or replace the specifications set forth in the Contract and is free from defects in material and workmanship under normal service and use for which it was designed. Seller's sole obligation and Purchaser's exclusive remedy under this warranty shall be limited to one of charge at its optionthe following, where requested as selected by the Buyer so Seller: delivering to do, Purchaser a replacement for any product manufactured or part thereof determined by the Seller which proves to be defective in workmanship defective; repairing such product or material part: or refunding the purchase price (or an equitable portion thereof) paid for such product or part by Purchaser. SELLER MAKES NO WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR MERCHANTABILITY AND NO OTHER WARRANTY WHETHER EXPRESS OR ARISING BY OPERATION OF LAW COURSE OF DEALING USAGE OF TRADE OR OTHERWISE IMPLIED SHALL EXIST IN CONNECTIOIN WITH SELLER'S PRODUCTS OR ANY SALE OR USE THEREOF. Purchaser must notify Seller promptly and within 12 months the warranty period of despatch to such Buyer, provided that the Buyer gives any claim under this warranty. Seller's warranty extends only to the first purchaser of a product from Seller notice of such defect without delay and satisfies the Seller that the product had been installed, operated, stored or maintained by the Buyer in a proper manner and only in the correct application for that product.
(b) On products or parts of products Seller's authorized distributor. All goods not manufactured by the Seller this warranty is limited to extending are warranted only to the Buyer extent of the same warranty as given to warranties of the original manufacturer. Seller by the supplier of such products or parts of products.
(c) The foregoing warranty is in lieu of and excludes any further remedy whatsoever in respect of any defective product.
(d) Under no circumstances shall the Seller have disclaims any liability whatsoever arising from tort, including strict liability, and Seller further disclaims any liability (whether arising under this or any other provision of this Contract or otherwise) for any costs (including costs of removal and replacement), liabilities, lost profits, loss of use good will or for any indirect other general, direct, special, incidental or consequential damages. In no event shall the Seller's liability exceed the original contract price as reduced damages incurred by any monies paid by the Buyer for goods which were accepted under the same contract
(e) No express or implied warranty is given by the Seller regarding the fitness or suitability for any particular purpose or application Purchaser in connection with this Contract or any product supplied or manufactured by the Seller unless confirmed by the Seller in writingpurchased thereunder.
(f) The Buyer, by placing an order, accepts that it is not relying upon any promise representation or inducement unless confirmed in writing by the Seller.
(g) Each limitation or exclusion of liability is severable and does not apply to claims for personal injury or death arising from negligence.
Appears in 1 contract
Sources: Sales Contract
WARRANTY; LIMITATION OF LIABILITY. Seller warrants title to each individual product sold under this Contract and further warrants for a period on one (a1) Subject to Condition 17 (Health & Safety at Work etc ▇▇▇ ▇▇▇▇ as Amended) and year after shipment, but only to the next paragraph extent and limit of the Seller undertakes purchase price paid for such individual product, that such product conforms to repair or replace the specifications set for the in the Contract and is free from defects in material and workmanship under normal service and use for which it was designed. Seller's sole obligation and Purchaser's exclusive remedy under this warranty shall be limited to one of charge at its optionthe following, where requested as selected by the Buyer so Seller: delivering to do, Purchaser a replacement for any product manufactured part thereof determined by the Seller which proves to be defective in workmanship defective; repairing such product or material part, or refunding the purchase price (or an equitable portion thereof) paid for such product or part by Purchaser. SELLER MAKES NO WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR MERCHANTABILITY, AND NO OTHER WARRANTY, WHETHER EXPRESS OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE IMPLIED SHALL EXIST IN CONNECTION WITH SELLER'S PRODUCTS OR ANY SALE OR USE THEREOF. Purchaser must notify Seller promptly and within 12 months the warranty period of despatch to such Buyer, provided that the Buyer gives any claim under this warranty. Seller's warranty extends only to the first purchaser of a product from Seller notice of such defect without delay and satisfies the Seller that the product had been installed, operated, stored or maintained by the Buyer in a proper manner and only in the correct application for that product.
(b) On products or parts of products Seller's authorized distributor. All goods not manufactured by the Seller this warranty is limited to extending are warranted only to the Buyer extent of the same warranty as given to warranties of the original manufacturer. Seller by the supplier of such products or parts of products.
(c) The foregoing warranty is in lieu of and excludes any further remedy whatsoever in respect of any defective product.
(d) Under no circumstances shall the Seller have disclaims any liability whatsoever arising from tort, including strict liability, and Seller further disclaims any liability (whether arising under this or any other provision of this Contract or otherwise) for any costs (including costs of removal and replacement), liabilities, lost profits, loss of use good will or for any indirect other general, direct, special, incidental or consequential damages. In no event shall the Seller's liability exceed the original contract price as reduced damages Incurred by any monies paid by the Buyer for goods which were accepted under the same contract
(e) No express or implied warranty is given by the Seller regarding the fitness or suitability for any particular purpose or application Purchaser in connection with this Contract or any product supplied or manufactured by the Seller unless confirmed by the Seller in writingpurchased thereunder.
(f) The Buyer, by placing an order, accepts that it is not relying upon any promise representation or inducement unless confirmed in writing by the Seller.
(g) Each limitation or exclusion of liability is severable and does not apply to claims for personal injury or death arising from negligence.
Appears in 1 contract
Sources: Terms and Conditions