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(if there are none) good trade practice; or the defect arises from the corrosion of metal parts or 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 Com-
pany; 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, ex-
plosion, 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 req-
uisition; 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 neces-
sary 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 authorized 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 labor 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 connec-
tion 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.
OceanLED INSTALL / M6-A6 / 280417 / v7.0
