February 2021 |
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7
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Product & Installation Manual: Sentry Barrier™
KEEPING
NZ SAFE
Limited Warranty
CSP Pacific (CSP) has tested the impact
performance of its barrier systems and crash
cushion systems, and other highway safety
hardware under controlled conditions, however,
CSP does not represent nor warrant that the
results of those controlled conditions would
necessarily avoid injury to persons or property.
TO THE MAXIMUM EXTENT PERMITTED
BY LAW, CSP EXPRESSLY DISCLAIMS
ANY WARRANTY OR LIABILITY FOR
CLAIMS ARISING BY REASONS OF DEATH
OR PERSONAL INJURY OR DAMAGE TO
PROPERTY RESULTING FROM ANY IMPACT,
COLLISION OR HARMFUL CONTACT WITH
THE PRODUCTS OR NEARBY HAZARDS OR
OBJECTS BY ANY VEHICLE, OBJECTS OR
PERSONS.
CSP warrants that any product or component part
manufactured by CSP will be free from defects in
material or workmanship. CSP will replace free of
cost any product or component part manufactured
by CSP that contains such a defect.
TO THE MAXIMUM EXTENT PERMITTED
BY LAW, CSP EXPRESSLY DISCLAIMS THE
FOREGOING WARRANTY IS IN LIEU OF AND
EXCLUDES ALL OTHER WARRANTIES NOT
EXPRESSLY SET FORTH HEREIN, WHETHER
EXPRESS OR IMPLIED BY OPERATION OF
LAW OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. CSP’S LIABILITY
UNDER THIS WARRANTY IS EXPRESSLY
LIMITED TO REPLACEMENT FREE OF
COST OF PARTS SUPPLIED BY CSP ONLY
(IN THE FORM AND UNDER THE TERMS
ORIGINALLY SHIPPED), OR TO REPAIR OR
TO MANUFACTURE BY CSP, PRODUCTS
OR PARTS NOT COMPLYING WITH CSP
SPECIFICATIONS, OR, AT CSP’S ELECTION, TO
THE REPAYMENT OF AN AMOUNT EQUAL TO
THE PURCHASE PRICE OF SUCH PRODUCTS
OR PARTS, WHETHER SUCH CLAIMS ARE FOR
BREACH OF WARRANTY OR NEGLIGENCE.
CSP SHALL NOT BE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL OR SPECIAL
LOSSES, DAMAGES OR EXPENSES OF ANY
KIND, INCLUDING, WITHOUT LIMITATION,
ANY SUCH LOSSES, DAMAGES OR EXPENSES
ARISING DIRECTLY OR INDIRECTLY FROM
THE SALE, HANDLING OR USE OF THE
PRODUCTS FROM ANY OTHER CAUSE
RELATING THERETO, OR FROM PERSONAL
INJURY OR LOSS OF PROFIT.
Any claim by the Buyer with reference to Products
sold hereunder for any cause shall be deemed
waived by the Buyer unless CSP is notified in
writing, in the case of defects apparent on visual
inspection, within ninety (90) days from the delivery
date, or, in the case of defects not apparent on
visual inspection, within twelve (12) months from
the said delivery date. Products claimed to be
defective may be returned prepaid to CSP’s plant
for inspection in accordance with return shipping
instructions that CSP shall furnish to the Buyer
forthwith upon receipt of the Buyer’s notice of claim.
If the claim is established, CSP will reimburse that
Buyer for all carriage costs incurred hereunder.
The forgoing warranty benefits shall not apply to (i)
any Products that have been subject to improper
storage, accident, misuse or unauthorised
alterations, or that have not been installed,
operated and maintained in accordance with
approved procedures and (ii) any components
manufactured by the Buyer.
The customer acknowledges that it has acquired
the Goods for the purposes of a business and that
the Consumer Guarantees Act 1993 will not apply
to the supply of the Goods by CSP to it.
