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7 Warranty
7.2 LIMITED Warranty
The warranty only applies to products
delivered by Awake and exists only
towards the customers of Awake or it’s
contracted re-sellers. It does not apply to
any third-party purchaser. The warranty
covers any manufacturing defects or
defects in materials from the invoicing
date and where such products are used
under normal operating and maintenance
conditions for a period of 12 months for all
products.
To invoke the provisions of the warranty,
the customer must notify Awake, in writing
and within the above-stated warranty
period, of the defects allegedly found in
the products and provide proof thereof. The
customer must facilitate the assessment
of these defects. The customer shall not,
without the prior written consent of Awake,
carry out any repair or removal him-/
herself or arrange for doing so by a third
party.
Under the terms of the warranty, Awake
may, at its sole discretion, choose whether
to supply new products (of the same
type if still available), repair or replace
the products, ex-works, all the products
covered by the warranty and found to be
defective by Awake. Awake shall not be
liable to pay any compensation for any
reason whatsoever and in particular for
any loss or damage of any kind (physical,
material or financial loss in relation to
the [allegedly] defective products, loss
of business, loss of revenue or loss of
reputation, etc.)
Repairs or replacements made under the
terms of warranty shall not extend the
warranty period. Parts replaced during the
warranty period shall be returned to Awake
and shall become the property of Awake.
7.2.1 Limitation of liability
Awake excludes all liability for and the
warranty shall not cover any defects (and
any damage whatsoever arising therefrom)
resulting from;
any assembly or installation or use of
the products that do not comply with
Awake’s instructions or specifications
(documentation, operating and assembly
instructions, special recommendations,
etc.) or professional standards,
abnormal use of the products, defective
or unsuitable maintenance, negligence or
any use other than the use for which the
products were intended,
materials supplied (or design imposed)
by the customer, or from servicing or
maintenance performed on the products by
third parties not expressly authorized by
Awake,
acts of God or force majeure as well
as defects and consequences thereof
resulting from normal wear and tear of the
Product,
Awake shall not be liable for any warranty
other than listed above.
