| Warranty
for JJB Pet Waste Stations
The Seller shall make good by replacement or, by
mutual agreement between JJB Solutions inc and the
Customer, repair any failure (fair wear and tear
excepted) in the Goods and/or services which, under
conditions of proper use and maintenance, results
from defects in the Seller’s manufacture,
design, materials or workmanship and which appears
not later than 12 months after the Date of Delivery
or after the date on which the provision of the
Services is completed.
The Supplier shall repair or replace at the Purchaser's
request, any defective Goods or Services free of
charge. The Supplier shall keep the Purchaser indemnified
in respect of all loss and/or expense which results
during proper use directly or indirectly in whole
or in part from defective materials, goods workmanship
or design supplied by the Supplier including, but
not limited to the incursion of any such statutory
liability.
The Seller’s liability under this Condition
shall automatically cease if:
The Buyer shall not have paid for all Goods supplied
and/or services provided under any Contract by the
due date or is otherwise in breach of this or any
other contract made with the Seller.
The seller or its servants or agents are denied
full and free right of access to the allegedly defective
Goods and or Services or the Buyer has not properly
maintained the Goods.
The defect or failure is caused by wilful damage,
dirt, neglect mis-use, accident or abnormal working
conditions or continued use after a defect has become
apparent or
The
buyer has failed to notify the Seller in Writing
of any defect or suspected defect within 30 days
of the same coming to the knowledge of the Buyer
If such defect or failure arises as a result of
any inaccurate or incomplete information or details
supplied by the buyer or in any defect or inaccuracy
in any patterns, equipment or other property of
the Buyer.
THE WARRANTY SET OUT HERIN SHALL BE IN LIEU OF ANY
WARRANTIES CONDITIONS OR UNDERTAKING WHETHER EXPRESS
OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE HOWSOEVER
WHICH WARRANTIES, CONDITIONS AND UNDERTAKINGS ARE
HEREBY EXPRESSLY EXCLUDED, EXCEPT THAT SUCH EXCLUSIONS
WILL NOT APPLY TO;
THE SELLER’S RESPONSIBILITY IS LIMITED TO
THE TERMS OF THE FOREGOING PROVISIONS OF THIS CONDITION
AND (EXCEPT IN RESPECT OF DEATH OR PERSONAL INJURY
RESULTING FROM THE NEGLIGENCE OF THE SELLER, ITS
SERVANS OR AGENTS) THE SELLER SHALL NOT BE LIABLE
FOR ANY CLAIM FOR DIRECT OR INDIRECT CONSEQUENTIAL
OR INCIDENTAL LOSS, INJURY OR DAMAGE WHATSOEVER
(INCLUDIING BUT NOT LIMITED TO LOSS OF PROFIT) MADE
BY THE BUYER OR ANY THIRD PARTY AGAINST THE SELLER
ARISING OUT OF OR IN CONNECTION WITH ANY DEFECT
IN THE GOODS AND/OR SERVICES WHETHER OR NOT SUCH
DEFECT IS DIRECTLY OR INDIRECTLY WHOLLY OR IN PART
CAUSED BY THE ACT, OMISSION, DEFAULT OR NEGLIGENCE
OF THE SELLER, ITS SERVANTS OR AGENTS AND WHETHER
OR NOT SUCH DEFECT AMOUNTS TO A BREACH OF A FUNDAMENTAL
TERM OR A PRIMARY OBLIGATION OF THE CONTRACT OR
A FUNDAMENTAL BREACH THEREOF.
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