23
Version 1.1
English
3. Limitation of Liability under the Limited Warranty - In addition to
those warranties disclaimed and excluded in clause 2 above,
Manufacturer expressly further limits its warranty and liability
under the Limited Warranty as set forth below in this clause 3.
3.1. The liability of Manufacturer under this Limited Warranty is
excluded to the extent that any defect has been caused or
contributed to by:
a)
any accident, contamination, tampering, willful damage,
abuse, modification, improper storage, improper use
(including but without limitation the storage of material) or
negligent act of, or omission by, any person other than
Manufacturer;
b)
the improper installation of the Goods, or deterioration of
the base on which any of the Goods rest or are mounted
to;
c)
any damage to the Goods caused by storm, wash away,
landslide, mudslide, lightning, or any other natural
phenomenon, vermin or other pests, and any
undermining of the base of the Tank through any cause
whatsoever;
d)
the repositioning of the Goods from their original
installation;
e)
weathering or degradation of the Goods due to extreme
climatic conditions;
f)
improper installation of extra fittings;
g)
any staining or discoloration, including from trees or ash
fall-out from fires or other causes;
h)
a Tank not being placed on a base that is free of any
protruding objects of any kind;
i)
a Tank being used for any purpose other than the storage
of suitable liquids at the ambient temperatures.
