Owner's Manual
AC Electric Winch
24
6.2
We accept no liability for damage to or defects in our goods that arise from
the improper use, improper handling, and lack of maintenance or any
unauthorised modifications made by the customer.
6.3
We will make every effort to ensure that our goods comply with their
descriptions in our current publications, but subject to these terms no warranty
is made as to their exact description, merchantable quality or fitness for
purpose.
6.4
Any parts not of our manufacture incorporated in our goods or sold by us carry
their manufacturer's warranty only, if any.
6.5
Apart from the express warranty in Term 6.1 and to the full extent permitted by
law, we will be under no liability to the customer (whether in contract, tort or
otherwise), for any injury, loss or damages (including but not limited to
incidental, special, consequential or general damages) in connection with or
arising out of the supply or use of goods howsoever arising, whether or not
caused by the negligence of us, our employees or agents. The term
"consequential damages" includes, but is not limited to, loss of profit, loss of
production, loss or use of revenue, cost of capital, loss of or damage to
property or equipment, and loss of reputation.
6.6
In no event, regardless of the form of the claim or cause of action (whether
based in contract, infringement, negligence, strict liability, or otherwise), shall
our liability to the customer and/or its customers exceed the price paid by the
customer for the specific goods giving rise to the claim or case of action, and
the customer indemnifies us for any damages exceeding the price paid by the
customer for those goods.
6.7
Goods returned to us subject to a claim under warranty will be accepted on
the condition that, should the claim be rejected, all costs incurred including
transport to and from our premises and inspection will be to the customer's
account.
7.
Cancellation
7.1
We cannot accept cancellation of orders for goods made, or to be made,
specially to a customer's requirements or for goods which we order specially to
fill a specific order. Amendments to orders for goods made specially to a
customer's requirements may only be made with our express written
agreement.
8.
Return of Goods
8.1
Any goods which have been supplied in accordance with a customer's order
but which are subsequently returned will only be credited provided that our
prior written agreement to the return of the goods has been obtained. When
we agree to returns, we will charge a restocking fee of 15% of our invoiced
price for the goods except that none specially manufactured, specially
ordered, or products modified to a customer's requirements will be accepted
for credit.
9.
Confidentiality
9.1
All drawings, designs, specifications and other information which we supply in
connection with a quotation or order are confidential. They remain our
property and must not be disclosed to any third person without our written
permission and the customer accepts that any such disclosure is likely to cause
damage to our business which we will be entitled to recover from the
customer.
