The Company warrants that the Goods shall be free from defects in design materials and/or workmanship during the Warranty Period and shall make good at its option by repair or by replacement (1) Subject to section 4 any failure by the Goods to correspond with their specification at the time of delivery; or (2) any defect developing under normal and permitted use in the Goods and due solely to faulty design, materials and/or workmanship during the Warranty Period
All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement.
ALL EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. Other than as set forth herein, the Goods and Services are provided to the Customer on an “as is” basis. In no event shall Customer be liable for any consequential or incidental damages all of which are expressly disclaimed. The Customer acknowledges that the Goods and Services provided by Company may be subject to limitations, delays and other problems inherent in the use of communication facilities such as telephone, cable , wireless and fiber-optics
- The warranty set forth herein will only apply provided any failure to meet specification is notified in writing to the Company within 7 days from the date of delivery;
- The warranty set forth herein will only apply provided any such defect in design materials or workmanship of the Goods is promptly notified to the Company in writing and any Goods alleged to be defective are promptly returned at the Customer’s risk and expense to the Company’s works for inspection;
- The Company shall be under no liability in respect of any defect arising from ordinary wear and tear, or other acts of the Customer including without limitation willful damage, negligence, lack of proper maintenance or servicing, abnormal working conditions, failure to follow the Company’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Company’s approval;
- The Company shall be under no liability until any monies due from the Customer under the Contract have been paid in full; and
- The above warranty does not extend to parts, materials or equipment not manufactured by the Company and/or to third party software in respect of which the Customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer or owner to the Company and can be transferred.