GENERAL INFORMATION
1-4
November 17, 2005
1.04 STATEMENT OF WARRANTY FOR NEXUS MACHINES
Limited Warranty:
Leengate Welding Group Limited (the “Supplier”),
warrants that, subject to the conditions, exclusions and limitations set out in clause 8 of the
Supplier’s Terms and Conditions of Sale and in this Statement of Warranty (which shall operate in conjunction with, and not in whole or in part to the
exclusion of, each other), its products will be free of defects in workmanship and materials. Should any failure to conform to this warranty within the
warranty period applicable to the Supplier’s products as stated below, the Supplier shall, upon notification of such failure or defect and substantiation that
the product has been stored, installed, operated and maintained in accordance with the Supplier’s specifications, instructions, recommendations and
recognized standard industry practice, and not subject to misuse, repair, neglect, alteration or accident, correct such defects by suitable repair or
replacement, at the Supplier’s sole option, of any components or parts of the product determined by the Supplier to be defective.
The Supplier makes no other warranty, express or implied, than the warranties given in clause 8.1 of the Supplier’s Terms and Conditions of Sale and in
this Statement of Warranty.
These warranties are exclusive and, to the fullest extent permitted by law, in lieu of all others, including, but not limited to, any warranty of merchantability,
satisfactory quality or fitness for any particular purpose.
Limitation of liability:
Except in respect of any matters for which the supplier may not by law exclude or limit its liability: (i) the liability of the Supplier with respect to any contract,
or anything done in connection with any contract such as the performance or breach thereof, or from the manufacture, sale, delivery, resale, or use of
any of the Supplier’s products, whether arising out of contract or tort (including negligence) or under any warranty or otherwise, shall not, except as
expressly provided in clause 8 of the Supplier’s Terms and Conditions of Sale and/or this Statement of Warranty, exceed the price of the products upon
which such liability is based; and (ii) The Supplier shall not under any circumstances be liable for any special, indirect or consequential loss or damages,
such as, but not limited to, loss or damage of purchased or replacement products, or any claims brought by customers of any distributor of the
Supplier’s products (the “Purchaser”) for service interruption. The remedies of the Purchaser set out in clause 8.1 of the Supplier’s Terms and Conditions
of Sale and in this Statement of Warranty in respect of any breach of the warranties given in clause 8.1 of the Supplier’s Terms and Conditions of Sale
and in this Statement of Warranty are exclusive and, to the fullest extent permitted by law, in lieu of all other rights and remedies available to the Purchaser
under contract, at law or in equity. No employee, agent or representative of the Supplier is authorised to change any of the warranties given in clause 8.1
of the Supplier’s Terms and Conditions of Sale and/or in this Statement of Warranty in any way, or grant any other warranty.
The warranties given in clause 8.1 of the Supplier’s Terms and Conditions of Sale and in this Statement of Warranty: (i) shall become invalid in respect
of any product of the Supplier if replacement parts or accessories are incorporated or used in such product, which in the Suppliers sole judgement may
impair the safety or performance of that product, or if such product is sold by any non-authorised person(s); (ii) do not cover fair wear and tear of any
of the Supplier’s products; and (iii) do not apply to any consumable, parts of, or accessories for, any of the Supplier’s products.
Subject to the conditions, exclusions and limitations set out in clause 8 of the Supplier’s Terms and Conditions of Sale and in this Statement of Warranty,
the warranty given in this Statement of Warranty shall remain effective in respect of any product of the Supplier for the period of one (1) year from the
date the Supplier delivers the product to the Purchaser, subject to: (i) any extension of such warranty period requested by the Purchaser and agreed to
in writing by the Supplier; and (ii) any further conditions, exclusions and limitations (over and above those set out in clause 8 of the Supplier’s Terms and
Conditions of Sale and in this Statement of Warranty) which must be satisfied for the Supplier to provide its agreement to such extension and/or which
shall apply during the period of such extension.
Issue 3
November 2005
