COUNTERFOG® PILAR
User Manual
COUNTERFOG® EBT de la UAH S.L.
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12.
DISCLAIMER
This clause sets forth exclusive rights and actions in connection with all claims based
on failures or defects of the Products, regardless of when the judgment or defect
appears and whether or not a claim, whatever its description, is based on contract,
warranty, indemnification, non-contractual liability (including negligence), or any
other liability. The warranties provided in this clause supersede all other written,
verbal, tacit or legal warranties and conditions. COUNTERFOG will not accept more
warranty terms than those set forth herein.
-COUNTERFOG shall not respond or be deemed to violate its obligations under the
Contract when the product defect is hindered or ceases to function, directly or
indirectly, for a cause beyond its reasonable control. By way of example, but not
limited to; for weather reasons, for reasons attributable to shipping companies,
unavailability of port storage space, armed conflict, acts or threats of terrorism,
epidemics, strikes or other labor disputes or acts or omissions of a State authority or
Buyer or Buyer's contractors or suppliers.
-COUNTERFOG's total liability for all claims of any class arising out of or relating to the
conclusion, performance or breach of the Contract, or for any Product or Service shall
not exceed the Contract Price.
-Under no circumstances shall COUNTERFOG be liable for loss of profit, loss of use of
the Product, loss of time, loss of profits, business interruption, cost of substitute
energy, cost of capital,
inactivity costs, increases in operating costs and/or third-party claims against the
Purchaser.
- All liability of COUNTERFOG shall terminate with the expiration of the corresponding
warranty period. However, where Buyer may continue to execute a claim that has
been notified prior to that date initiating a legal action or arbitration, as applicable
under this Agreement, prior to the termination of any limitation rule or other legal
time limitation, but under no circumstances after one year of the end of such warranty
period.
This Agreement shall be governed by and construed in accordance with the laws of the
Spanish State.
All disputes arising in connection with the Contract, including matters relating to its
existence and/or validity, shall be subject to the jurisdiction of the Valdemoro (Madrid-
Spain) Courts and Tribunals.
