Common use of Warranties & Liability Clause in Contracts

Warranties & Liability. 6.1 In accordance with the applicable statutory rules, the supplier fully and unconditionally warrants the goods and services delivered. 6.2 Any payment of the purchase price by WashTec shall not constitute a waiver of its right to give notice of defects and its defence regarding a non- conforming delivery of or defects in the goods. 6.3 In urgent cases, in particular in order to avoid an impending danger or an increase in damage, WashTec may itself remedy any defects or have such defects remedied by a third party. Any costs incurred by WashTec in this connection shall be borne by the supplier. 6.4 In the event samples are used, the features of any such sample will be deemed to have been warranted. The goods delivered shall be in conformity with the sample. 6.5 WashTec shall give notice of any obvious defects as soon as those are discovered in the ordinary course of business; in other cases, WashTec shall give notice of hidden defects within 10 working days following discovery thereof. 6.6 A new warranty period shall begin for goods which have been repaired or replaced on the day of repair or replacement. 6.7 If, as a result of defects in the products of WashTec which can be attributed to goods or services furnished by the supplier, legal action is instituted against WashTec based on violations of official safety regulations or on domestic or foreign product liability regulations or statutes, then the supplier shall indemnify WashTec against any third party claims for compensatory damages. WashTec shall have this right of recourse for a period of 10 years after delivery of the goods. The supplier shall furthermore indemnify WashTec against any and all compensatory damage and warranty claims instituted by customers, insofar as such claims arise from defective goods and services furnished or from the fault of the supplier or one of its vicarious agents; this shall also apply with respect to consequential damages and costs. WashTec’s right of recourse shall not lapse as long as its customers may institute such claims against WashTec. At a minimum, however, the statutory limitations shall be applied. The damages shall also include the costs of any precautionary recalls which WashTec may have instituted after having conducted a proper inspection. 6.8 The supplier agrees to maintain a product liability insurance with adequate coverage. In the event WashTec asserts more extensive damage claims, these shall not be thereby affected. 6.9 The supplier shall maintain a quality assurance program which has the appropriate type and scope and which conforms to the latest state of the art technology, and shall furnish proof thereof if so requested. It agrees to fully meet the requirements of quality specified in the contract of delivery with respect to the goods delivered, the manufacturing processes and the production of evidence. To the extent a quality assurance agreement has been concluded between WashTec and the supplier, the regulations of such agreement shall apply with respect to the quality assurance program.

Warranties & Liability. 6.1 In 10.1 The Seller as a re-seller of the Goods shall use all reasonable endeavours to pass on the benefit of any warranties in relation to the Goods which are received by the Seller from the manufacturer of the Goods, it being for the Buyer to ensure it complies with the terms (including manufacturer’s instructions as to use of the Goods) applicable to those warranties as communicated by the Seller to the Buyer. 10.2 The Seller shall use reasonable endeavours to provide the Services with all due care, skill and diligence. 10.3 The Seller shall not in any event be liable in respect of any defect in the Goods arising from any specification supplied by the Buyer, wilful damage to, misuse, alteration or repair of the Goods without the Seller’s approval. 10.4 The Seller shall not be liable under clause 10.1 or 10.2 (or any other warranty, condition or guarantee) until the total price for the Goods and/or Services has been paid by the Buyer. 10.5 Save as expressly provided in these Conditions or otherwise agreed in Writing by the Seller with the Buyer, all warranties, representations, statements, conditions or other terms express or implied by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law. 10.6 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to the Seller within a reasonable time after discovery of the defect or failure. If delivery is not refused and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the applicable statutory rulesContract. 10.7 Where any valid claim in respect of any of the Goods or Services which is based on the Seller’s liability in respect of: (a) any defect in the quality or condition of the Goods; (b) any defect in the performance of the Services; or (c) the failure of the Goods and/or Services to meet specification; is notified to the Seller in accordance with these Conditions, the supplier fully and unconditionally warrants Seller shall be entitled to either: (i) repair the goods and services deliveredGoods (or the part in question); (ii) replace the Goods (or the part in question); (iii) re-perform or procure the re- performance of the Services; or (iv) at the Seller’s sole discretion, refund to the Buyer the price of the Goods and/or Services (or a proportionate part of the price). and, to the fullest extent permitted by law, the Seller shall have no further liability to the Buyer. 6.2 Any payment of 10.8 Nothing in these Conditions shall limit the purchase price Seller’s liability for death or personal injury caused by WashTec shall the Seller’s negligence, fraud, fraudulent misrepresentation or any other matter for which liability may not constitute a waiver of its right to give notice of defects and its defence regarding a non- conforming delivery of or defects in the goodsbe limited under applicable laws. 6.3 In urgent cases10.9 Subject to clause 10.6, in particular no event shall the Seller have any liability whatsoever to the Buyer, whether in order to avoid an impending danger contract, tort (including negligence), or an increase in damageotherwise for any indirect, WashTec may itself remedy any defects special, incidental, economic or have such defects remedied by a third party. Any costs consequential loss or damage including, without limitation, loss or damage incurred by WashTec in this connection shall be borne by the supplier. 6.4 In the event samples are used, the features of any such sample will be deemed to have been warranted. The goods delivered shall be in conformity with the sample. 6.5 WashTec shall give notice of any obvious defects as soon as those are discovered in the ordinary course of business; in other cases, WashTec shall give notice of hidden defects within 10 working days following discovery thereof. 6.6 A new warranty period shall begin for goods which have been repaired or replaced on the day of repair or replacement. 6.7 If, as a result of defects loss of time, loss of savings, loss of data, loss of goodwill, loss of business or loss of profits. 10.10 Subject to clause 10.6, the Seller’s entire liability for any claim, whether in contract, tort (including negligence) or otherwise, for any loss or damage whatsoever, arising out of or in connection with the products of WashTec which can be attributed to goods Contract or services furnished by otherwise shall not in any event exceed the supplier, legal action is instituted against WashTec based on violations of official safety regulations or on domestic or foreign product liability regulations or statutes, then the supplier shall indemnify WashTec against any third party claims for compensatory damages. WashTec shall have this right of recourse for a period of 10 years after delivery price of the goods. The supplier shall furthermore indemnify WashTec against any and all compensatory damage and warranty claims instituted by customers, insofar as such claims arise from defective goods and services furnished or from the fault of the supplier or one of its vicarious agents; this shall also apply with Goods and/or Services in respect to consequential damages and costs. WashTec’s right of recourse shall not lapse as long as its customers may institute such claims against WashTec. At a minimum, however, the statutory limitations shall be applied. The damages shall also include the costs of any precautionary recalls which WashTec may have instituted after having conducted a proper inspectionevent or series of connected events. 6.8 10.11 The supplier agrees to maintain a product liability insurance with adequate coverage. In the event WashTec asserts more extensive damage claims, these Seller shall not be thereby affected. 6.9 The supplier shall maintain a quality assurance program which has the appropriate type and scope and which conforms liable to the latest state Buyer or be deemed to be in breach of the art technologyContract by reason of any delay in performing, and shall furnish proof thereof or any failure to perform, any of the Seller’s obligations under the Contract, if so requestedthe delay or failure was due to any cause beyond the Seller’s reasonable control. It agrees to fully meet the requirements of quality specified in the contract of delivery with respect Without prejudice to the goods deliveredgenerality of the foregoing, the manufacturing processes and following shall be regarded as causes beyond the production Seller’s reasonable control: (a) Act of evidence. To God, explosion, flood, tempest, fire or accident; (b) war or threat of war, sabotage, insurrection, civil disturbance, epidemic, pandemic or requisition or malicious damage; (c) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the extent part of any governmental, parliamentary or local authority; (d) import or export regulations or embargoes; (e) strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a quality assurance agreement has been concluded between WashTec and third party); (f) failure of a utility service or transport or telecommunications network; or (g) difficulties of the supplierSeller’s suppliers in obtaining raw materials, the regulations labour, fuel or parts of such agreement shall apply with respect to the quality assurance programmachinery.

Warranties & Liability. 6.1 8.1 The Customer acknowledges that the prices for the Goods have been determined on the basis of the following limitations and exclusions of liability and the Customer expressly agrees that these limitations are reasonable because of (amongst other things): 8.1.1 the likelihood that the damages awardable to the Customer for a breach by Brabantia of the Agreement would be disproportionately greater than the value of the Agreement to Brabantia; and 8.1.2 the likelihood that the Customer will be in a better position than Brabantia to insure itself in a cost effective manner against any damage flowing from any breach by Brabantia of the Agreement. 8.2 Brabantia gives the warranty set out on the packaging that accompanies the Goods, provided that: 8.2.1 Brabantia will be under no liability in respect of any defect in the Goods arising, at any time after delivery to the Customer, from any fair wear and tear; use or storage in or under abnormal conditions, misuse, negligence, wilful damage or failure to follow Brabantia’s instructions (whether oral or in writing) on the part of any person, other than Brabantia and its employees or agents; or alteration or repair of the Goods without Xxxxxxxxx’s express approval; 8.2.2 Brabantia will have no liability to the Customer in respect of any claim (whether for breach of this clause 8.2 or otherwise) that arises out of any failure by the Customer to ensure that reasonable steps are taken prior to any particular use (whether by the Customer or any other person) to verify that the Goods are suitable for that particular use; 8.2.3 Brabantia shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment; and 8.2.4 the above warranty does not extend to consumable items or to any parts, materials or equipment not manufactured by Brabantia, in respect of which the Customer will only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to Brabantia. 8.3 Subject as expressly provided in the Agreement, all warranties, conditions or other terms implied by statute, common law or otherwise are excluded to the fullest extent permitted by law and the Customer acknowledges in particular that the Goods are standard products and that no warranty or other assurance is given by Brabantia that the Goods are suitable for any particular purpose, whether or not that purpose has been made known to Brabantia. 8.4 The Customer will notify any damage, defect or shortage in respect of the Goods to Brabantia in writing and if requested to do so by Brabantia, return to Brabantia any Goods alleged to be defective or damaged: 8.4.1 in the case of any shortage, or any damage or defect which should have been apparent on delivery, promptly and in any event within 10 days of delivery; 8.4.2 in the case of any damage or defect which was not reasonably apparent on delivery, promptly and in any event within 10 days of that damage or defect becoming apparent or 12 months from the date of delivery, whichever is the shorter period; failing which all liability on Brabantia's part in respect of such shortage, damage or defect is excluded. 8.5 In accordance with respect of any damage or defect for which Brabantia is liable to the applicable statutory rulesCustomer (whether under clause 8.2 or otherwise) or for any shortage, Brabantia's liability to the Customer will be limited, at Brabantia's discretion: 8.5.1 (in the case of damage or defects) to the repair or replacement of the damaged or defective Goods (or any parts); or 8.5.2 (in the case of a shortage) the supply of such additional Goods as may be necessary to make up the shortage; or 8.5.3 (in the case of damage, defects or shortages) a refund or credit of the price, or a proportion of the price, attributable to the Goods in question. 8.6 Where the Customer is entitled to return the Goods, the supplier fully and unconditionally warrants Customer must contact Brabantia to explain the goods and services delivered. 6.2 Any payment reasons for returning the Goods, provide details of the purchase price delivery note number or invoice number and obtain a returns merchandise authorisation number. For the avoidance of doubt, save as provided by WashTec shall not constitute this clause 7 or otherwise expressly agreed in writing by Brabantia in a waiver of its particular case, the Customer will have no right to give notice reject any Goods delivered by Brabantia or otherwise to return any Goods to Brabantia. Where the Customer rejects Goods delivered by Xxxxxxxxx or otherwise returns such Goods to Brabantia where it has no right to do so and, at Brabantia's absolute discretion, Xxxxxxxxx agrees to accept the return of defects the Goods then without prejudice to any other right or remedy, the Customer shall be liable to pay to Brabantia on demand any freight, handling and its defence regarding a non- conforming delivery of or defects in the goods. 6.3 In urgent cases, in particular in order to avoid an impending danger or an increase in damage, WashTec may itself remedy any defects or have such defects remedied by a third party. Any storage costs incurred by WashTec Brabantia in this connection shall be borne relation to the relevant Goods and, to reflect the administrative and remarketing costs and risks anticipated by Brabantia, an additional 30% of the suppliertotal price of the Goods returned (excluding value added or other sales tax). 6.4 In 8.7 Brabantia shall not be liable to the event samples are used, the features Customer (whether by reason of any such sample negligence by Brabantia or any of its employees or agents, any non-fraudulent misrepresentation, any breach of contract or an express or implied warranty, condition or other term, breach of statutory duty or otherwise) for any: 8.7.1 loss of profits; or 8.7.2 damage to reputation; or 8.7.3 loss of anticipated savings; or 8.7.4 loss of anticipated revenues; or 8.7.5 loss of business opportunities; or 8.7.6 loss of contracts; or 8.7.7 loss of goodwill; or 8.7.8 claim, action or demand made against the Customer by any third party; or 8.7.9 indirect loss, damage, cost, expense or claim whatsoever; which arises out of or in connection with the Agreement. 8.8 The aggregate liability (inclusive of interest and legal and other costs) of Brabantia to the Customer in respect of all claims arising under or in connection with the Agreement (whether by reason of any negligence by Brabantia or any of its employees or agents, any non-fraudulent misrepresentation, any breach of contract or an express or implied warranty, condition or other term, breach of statutory duty or otherwise) shall not in any event exceed the total price of the Goods. 8.9 Brabantia will not be liable to the Customer or be deemed to have been warranted. The goods delivered shall be in conformity with breach of the sample. 6.5 WashTec shall give notice of any obvious defects as soon as those are discovered in the ordinary course of business; in other cases, WashTec shall give notice of hidden defects within 10 working days following discovery thereof. 6.6 A new warranty period shall begin for goods which have been repaired or replaced on the day of repair or replacement. 6.7 If, Agreement as a result of defects any delay in performing, or failure to perform, any of its obligations under the Agreement where the delay or failure was caused by circumstances beyond Xxxxxxxxx's reasonable control, including (but not limited to) any governmental restriction, machinery breakdown, power failure, industrial action or shortage of raw materials. 8.10 Nothing in the products Agreement shall operate to limit or exclude the liability of WashTec which can be attributed to goods either party for death or services furnished personal injury caused by the suppliernegligence of that party, legal action is instituted against WashTec based on violations or for fraudulent misrepresentation or for any other matter in respect of official safety regulations which liability cannot lawfully be limited or on domestic or foreign product liability regulations or statutes, then the supplier shall indemnify WashTec against any third party claims for compensatory damages. WashTec shall have this right of recourse for a period of 10 years after delivery of the goods. The supplier shall furthermore indemnify WashTec against any and all compensatory damage and warranty claims instituted by customers, insofar as such claims arise from defective goods and services furnished or from the fault of the supplier or one of its vicarious agents; this shall also apply with respect to consequential damages and costs. WashTec’s right of recourse shall not lapse as long as its customers may institute such claims against WashTec. At a minimum, however, the statutory limitations shall be applied. The damages shall also include the costs of any precautionary recalls which WashTec may have instituted after having conducted a proper inspectionexcluded. 6.8 The supplier agrees to maintain a product liability insurance with adequate coverage. In the event WashTec asserts more extensive damage claims, these shall not be thereby affected. 6.9 The supplier shall maintain a quality assurance program which has the appropriate type and scope and which conforms to the latest state of the art technology, and shall furnish proof thereof if so requested. It agrees to fully meet the requirements of quality specified in the contract of delivery with respect to the goods delivered, the manufacturing processes and the production of evidence. To the extent a quality assurance agreement has been concluded between WashTec and the supplier, the regulations of such agreement shall apply with respect to the quality assurance program.

Warranties & Liability. 6.1 In accordance with 9.1 Subject to the applicable statutory rulesother provisions of these Conditions, the supplier fully Company warrants that the Goods will upon delivery be of satisfactory quality within the meaning of the Sale of Goods Act 1994. 9.2 Glass breakages and unconditionally warrants shortages must be notified in writing within three days of receipt, otherwise responsibility cannot be accepted. Damaged goods must be notified in writing within 10 days of receipt. The seller's liability shall be limited to, at the seller's option, replacing the goods and services delivered. 6.2 Any payment or refunding the price of the purchase goods. Under no circumstances shall the liability of the seller exceed the price by WashTec shall not constitute a waiver of its right to give notice of defects and its defence regarding a non- conforming delivery of or defects in the goods. 6.3 In urgent cases9.3 Replacements for damaged goods will be charged and credit issued on the return of the damaged goods to the seller in the original packaging. The seller will not accept returned goods without prior written agreement. Xxxxx returned without such prior agreement will not be credited by the seller who will not be liable for any costs involved. Any goods returned without prior written authorisation or once tested is found not to be faulty, will be subject to a handling and testing charge of 20% and must be in perfect condition and original packaging, otherwise they may at the option of the seller be returned for which an additional carriage charge may be made. 9.4 The above warranty does not extend to Goods or parts or materials not manufactured by the Company, in particular respect of which the Company shall endeavour to transfer to the Buyer the benefit of any warranty or guarantee given by the manufacturer to the Company. 9.5 The Company will not assure responsibility for corrosion or any other resulting damage to the Goods where they are installed in order areas in which fertilizers or salt are present, either in the air or in the soil, or where the Goods are installed near to avoid an impending danger chemical plants, etc. with emissions of heavily polluted air. 9.6 Any claim by the Buyer which is based on any defect in the quality or an increase condition of the Goods or a shortage of Goods shall (whether or not delivery is refused by the Buyer) be notified to the Company and (if the defect is a result of damage or loss in damagetransit) the carrier of Goods within three days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure, WashTec may itself remedy if delivery is not refused, and the Buyer does not notify the Company accordingly, the Buyer shall not be entitled to reject the Goods and the Company shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract. 9.7 The Company shall not be liable for a breach of the warranty in clause 9.1 if the defect arises because the Buyer failed to follow the Company's oral or written instructions as to the storage, installation, use or maintenance of the Goods or (if there are none) good trade practice or if the Buyer alters or repairs the Goods or makes any defects further use of the Goods without the written consent of the Company. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods is notified to the Company in accordance with these Conditions, the Company shall be entitled to replace the Goods (or the part in question) free of charge or refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Company shall have such defects remedied no further liability to the Buyer. 9.8 The Company shall not be liable for non-delivery of Goods unless written notice is given to the Company's invoice. Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within reasonable time of issuing a credit note at the pro rata Contract. 9.9 All warranties, conditions or other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law. 9.10 Nothing in these Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company's negligence or fraudulent representation. 9.11 Subject to Conditions 9.7 and 9.8; 9.11.1 the Company's total liability in Contract, tort (including negligence or breach of statutory duty), misrepresentation restitution or otherwise, arising in connection with performance or contemplated performance of the Contract shall be limited to the price of the Goods; and 9.11.2 the Company shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depreciation of goodwill or otherwise). Costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract. 9.12 The Company shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the Goods, if the delay of failure was due to any cause beyond the Company's reasonable control including, but without prejudice to the generality of the foregoing, acts of god, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, strikes, lock outs or other industrial actions or trade disputed (whether involving employees of the Company or of a third party. Any costs incurred by WashTec ), difficulties in this connection shall be borne by the supplier. 6.4 In the event samples are usedobtaining raw materials, the features of any such sample will be deemed to have been warranted. The goods delivered shall be labour, fuel, parts or machinery, power failure or breakdown in conformity with the sample. 6.5 WashTec shall give notice of any obvious defects as soon as those are discovered in the ordinary course of business; in other cases, WashTec shall give notice of hidden defects within 10 working days following discovery thereof. 6.6 A new warranty period shall begin for goods which have been repaired or replaced on the day of repair or replacement. 6.7 If, as a result of defects in the products of WashTec which can be attributed to goods or services furnished by the supplier, legal action is instituted against WashTec based on violations of official safety regulations or on domestic or foreign product liability regulations or statutes, then the supplier shall indemnify WashTec against any third party claims for compensatory damages. WashTec shall have this right of recourse for a period of 10 years after delivery of the goods. The supplier shall furthermore indemnify WashTec against any and all compensatory damage and warranty claims instituted by customers, insofar as such claims arise from defective goods and services furnished or from the fault of the supplier or one of its vicarious agents; this shall also apply with respect to consequential damages and costs. WashTec’s right of recourse shall not lapse as long as its customers may institute such claims against WashTec. At a minimum, however, the statutory limitations shall be applied. The damages shall also include the costs of any precautionary recalls which WashTec may have instituted after having conducted a proper inspection. 6.8 The supplier agrees to maintain a product liability insurance with adequate coverage. In the event WashTec asserts more extensive damage claims, these shall not be thereby affected. 6.9 The supplier shall maintain a quality assurance program which has the appropriate type and scope and which conforms to the latest state of the art technology, and shall furnish proof thereof if so requested. It agrees to fully meet the requirements of quality specified in the contract of delivery with respect to the goods delivered, the manufacturing processes and the production of evidence. To the extent a quality assurance agreement has been concluded between WashTec and the supplier, the regulations of such agreement shall apply with respect to the quality assurance program.machinery