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available JMV Robotique reserves the right to incorporate new features and to supply products
which may not be strictly in accordance with the specification agreed upon, provided that any
changes in specification shall not materially prejudice the performance of the goods.
11. FORCE MAJEURE
JMV Robotique shall not be liable for failure to perform or delay in performance of any contract or for
the loss or damage to goods directly or indirectly caused by force majeure to include acts of God,
fire, theft, riot, war, embargo, strike, shortage of labour, delays in delivery of material by suppliers,
prohibition or export or import, confiscation or any other occurrence (whether or not of a similar
nature to those specified) beyond the control of JMV Robotique. No consequences of any such
event shall give rise to the recession of the Contract unless in the opinion of JMV Robotique the
contract becomes incapable of performance.
12. WARRANTY
a)
JMV Robotique warrants that the goods will be of good quality and that JMV Robotique has title to
sell the same. JMV Robotique’ warranty of workmanship (if provided) shall be effective from the
date on which the goods were accepted in accordance with Clause 8 and limited to 12 months from
dispatch or such period as may be notified (“the warranty period”). During the warranty period JMV
Robotique will replace, free of charge, any part or parts of the goods which fail to function as a result
of faults caused during their manufacture providing always that such faulty goods are returned
carriage paid to JMV Robotique’ premises. The goods when repaired by JMV Robotique will then be
returned carriage paid to the Purchaser. JMV Robotique shall not be liable under this warranty:
i)
where the defect results from the goods being subjected to abnormal usage or where the defect
is due to the act, neglect or default of anyone other than JMV Robotique
ii) for the replacement or repair of the goods or part or parts thereof where such replacement, or
repair becomes impossible as a result of force majeure or any other circumstances beyond JMV
Robotique’ control
iii) where the goods or any components or parts thereof are the subject of a separate guarantee
given by a third party.
iiv) where failure is caused by abuse or neglect.
b)
The Purchaser acknowledges that if he has not notified to JMV Robotique any particular purpose for
which the goods are required all express or implied warranties or conditions statutory or otherwise as
to quality of or fitness for any particular purpose of the goods are hereby expressly excluded and
JMV Robotique shall not (except as set out above) be under any liability whatsoever in respect of
defects in goods delivered or for any injury, damage or loss resulting from such defects from any
cause whatsoever.
13. LEGAL CONSTRUCTION
except where otherwise stipulated in writing the relations, arrangements and agreements between
the parties shall be governed by the laws of England and all disputes which may arise under out of or
in connection with any contract between JMV Robotique and the Purchaser shall be submitted to
arbitration by the London Court of Arbitration in accordance with its Rules for the time being in force.
Service of any notices in the course of such arbitration to the address of the Purchaser given in the
Contract shall be valid and sufficient. All references in the Terms and Conditions to the masculine
gender shall be deemed to include the feminine and neuter genders. Failure or neglect by JMV
Robotique to enforce at any time any of the provisions hereof shall not be construed a waiver of JMV
Robotique’ rights nor in any way affect the validity of the whole or part of this contract nor prejudice
JMV Robotique’ rights to take subsequent action. The headings of the Terms and Conditions are
inserted for convenience or reference only and are not intended to be part of or to affect the meaning
or interpretation of any of the terms and conditions of this Contract. In the event that any of these
terms, conditions or provisions shall be determined invalid, unlawful or unenforceable it shall be
severed from the remaining terms, conditions and provisions that shall continue to be valid to the
fullest extent permitted by law.
14. STERLING PROTECTION
any quoted or listed sterling prices are subject to variation in the rate of exchange between sterling
and the currency paid by JMV Robotique for whole or major components between the date of the
contract and the time of the submission of JMV Robotique’ invoice to the Purchaser. JMV Robotique
reserves the right to vary the price so that it accords with the said rate of exchange prevailing at the
time of JMV Robotique’ invoice.
