FOR VENDOR MORSE ENGINEERING PTY LTD
- In the case of Goods sold by the Vendor but not manufactured by it, the Vendor will extend the manufacturer’s warranty to the Purchaser in full, to the exclusion of any other warranty by the Vendor.
- Subject to clause (1), the Vendor warrants that the Goods will be free from defects in materials and workmanship and fit for the purpose for which the Goods are sold for a period of 12 months from date of installation or 18 months from the date the Goods leave our works whichever first occurs, except in the case of repair work where the period shall be 90 days, provided that: (i) the Goods are properly installed as per installation and maintenance manual or any other documentation supplied by the vendor in the proceedings of the contract (if not installed by the Vendor), maintained and operated, (ii) any defect is notified to the Vendor as soon as it becomes known (iii) the Vendor’s liability under this clause will be limited at its sole option to the repair, replacement of the Goods or the further provision of services, or the payment of monetary compensation which will not exceed the Contract price for the Goods.
- The Vendor will not be liable in any circumstances for any: (i) defects or damage caused in whole or part by fair wear and tear, improper installation repair or alteration (other than by the Vendor), abnormal conditions of temperature dirt or corrosive matter, operation above rated capacities, misuse, abuse, neglect, electrical or other overload, unsuitable lubricants, dismantling or accident, (ii) any transport, installation, removal labour or other costs, (iii) any loss or damage to the Goods in transit.
- Equipment and or goods to be installed and commissioned in accordance with installation and maintenance manual by trained and approved Morse Technologies personnel.
- In no event will the Vendor be liable to the Purchaser or any other party for any direct, indirect, consequential or inconsequential injury loss or damage whatsoever by reason of any defect, delay in delivery, deterioration, deficiency or other fault or harm in the Goods supplied by or on behalf of or in any arrangement with the Vendor or occasioned to the Purchaser or any other party or to his or their property or interests and whether or not due to the negligence of the Vendor its servants or agents.
- Unless otherwise stated in writing, the Vendor accepts no responsibility for the condition, suitability or otherwise of any existing machinery, plant or fittings which may be set to work in conjunction with the Goods.
- No other warranty unless provided by the Vendor in writing is provided by the Vendor and any implied terms and conditions or warranties are expressly negated.
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