3)
Present the original dated invoice (or a copy) as proof of warranty coverage, which must be included in any [of the] return shipment of the
product. Please include also in any mailing a contact name, company, address and a description of the problem(s).
LIMITATION OF IMPLIED WARRANTIES
Except where such disclaimers and exclusions are specifically prohibited by applicable law, the
foregoing sets forth the only warranty applicable to the product, and such warranty is given expressly
and in lieu of all other warranties, express or implied, or merchantability and fitness for a particular
purpose and all such implied warranties which exceed or differ from the warranty set forth herein are
hereby disclaimed by EWS.
EXCLUSION OF DAMAGES
EWS’ liability for any defective products is limited to the repair or replacement of the product at our option. Except
where such limitations and exclusions are specifically prohibited by applicable law
EWS shall not be liable for:
1)
Damage to other property caused by defects in the EWS product, damages based upon inconvenience, loss of use of the product, loss of time,
commercial loss or:
2)
Any damages, whether incidental, [consequential or otherwise] special, indirect or consequential damages, injury to persons or property, or
any other loss.
Under no circumstances whatsoever shall EWS be obliged to provide compensation beyond the direct damage
incurred by customer up to an amount not exceeding the payment receivable from the insurer of EWS in connection
with the damage.
APPLICABLE LAW AND DISPUTES
1)
Dutch law shall govern all offers made by EWS and all agreements concluded between EWS and customer. This warranty explicitly excludes
application of the Vienna Sales Convention (CISG).
2)
All disputes which may arise between the parties shall be dealt with exclusively by the competent court of law in the Netherlands under whose
jurisdiction EWS falls. However, EWS reserves the right to submit any disputes to the competent court in the customer’s location.
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