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OceanLED INSTALL / AMPHIBIANS / 053014 / v4.2
the failure of the Buyer to ensure that Goods are installed correctly, bonded correctly and that there
are no active stray currents in the vicinity; or
1.3.3 the defect arises as a result of any default of, or caused by, the Buyer or (without limitation) as a
result of misuse, abuse, improper installation, neglect, improper shipping by a party other than the
Company; or
1.3.4 the Buyer alters, repairs or modifies such Goods without written consent of the Company; or
1.3.5 the defect arises due to a cause beyond the Company’s reasonable control, such as: act of God,
explosion, flood, tempest, fire or accident, including without limitation lightning; war or threat of
war, national emergency, sabotage, terrorism, insurrection, protest, riot, epidemic, civil disturbance
or requisition; Acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on
the part of any governmental, parliamentary or local authority; import or export regulations or
embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving
employees of the Company or of a third party); restraints or delays affecting carriers or inability
or delay in obtaining supplies of adequate or suitable materials; or power failure or breakdown in
machinery.
1.3.6 where the Company has notified the Customer directly of in service modification(s) deemed
necessary to further protect the Goods from damage have not been followed.
1.3.7 where a claim has been made where the Goods ownership is in dispute.
1.3.8 where the parts where not purchased from an authorised outlet.
1.3.9 where the goods where purchased via the internet from the United States but were not shipped to
an address or fitted in the United States.
1.4 Subject to Conditions 1.2 and Condition 1.3, if any of the Goods do not conform with the warranty
in Condition 1.1 the Company shall at its option repair or replace such Goods (or the defective part)
without charge for labour or parts or refund the price of such Goods at the original purchase price.
The Company shall pay for the return transportation to the Buyer of such repaired or replaced
Goods.
1.5 Any Goods replaced shall belong to the Company and any such repaired or replacement Goods
shall be guaranteed on these terms for the unexpired portion of the warranty period of the
warranty in Condition 1.1.
2: LIMITATION OF LIABILITY
2.
These Conditions set out the entire financial liability of the Company (including any liability for the
acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
2.1.1. any breach of these Conditions;
2.1.2 any defect in the Goods;
2.1.3 any use made or resale by the Buyer of any Goods, or of any product incorporating any of Goods;
and
2.1.4 any representation, statement or tortuous act or omission including negligence arising or in
connection with the contract with the Buyer.
2.2. All warranty, conditions and other terms implied by both UK law are, to the fullest extent permitted
by law, excluded from the contract with the Buyer.
2.3. Nothing in these conditions excludes or limits the liability of the Company;
2.3.1. for death or personal injury caused by the Company’s negligence;
2.3.2 under both UK law;
2.3.3 for any matter which it would be illegal for the Company to exclude or attempt to exclude its
liability; or
2.3.4 for fraud or fraudulent misrepresentation.
2.4. Subject to the above Condition 2.3:
2.4.1 the Company’s total liability in contract, (including without limitation negligence or breach
of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the
performance or contemplated performance of the contract with the Buyer or (without limitation) in
