50
By default or negligence on the part of the seller or of any employee,
b.
contractor or agent of the seller or of any person for whom the seller
has legal responsibility relating to the supply of, or otherwise concerning
products or any part of the products. Mobilarm Limited is not liable to
the buyer in contract or in tort arising out of, or in connection with, or
relating to:
The performance of the products or any breach of these conditions;
i.
or
Any fact, matter or thing relating to the products; or
ii.
Any error (whether negligent or in breach of contract or not) in
iii.
information supplied to the buyer or a user before or after the date
of the purchaser’s or user’s use of the products.
Mobilarm Limited is not liable to the buyer in contract or in tort arising out of,
3.
or in connection with, or relating to:
The performance of the products or any breach of these conditions; or
a.
Any fact, matter or thing relating to the products; or
b.
Any error (whether negligent or in breach of contract or not) in information
c.
supplied to the buyer or a user before or after the date of the purchaser’s
or user’s use of the products.
The total liability of Mobilarm Limited for loss or damage of every kind:
4.
Whether arising pursuant to this agreement; or
a.
Out of or in relation to the goods, their sale, delivery or the way they
b.
behave, in tort or contract or in any other cause of action;
Or in any other way whatsoever, is limited to:
c.
The amount paid by the buyer to the seller under this agreement at
i.
the date when such liability arises; or
7KHEX\HULQGHPQL¿HVRQDFRQWLQXLQJEDVLVRQDIXOO\LQGHPQLW\
ii.
basis Mobilarm Limited from and against any liability, loss, expense
or demand for or arising from any false, misleading, deceptive or
misdescriptive representation or statement made by the buyer in
respect of the products, or their intended use to any person.
This indemnity survives termination of this agreement by either party for any
5.
reason.
The failure of any party to enforce the provisions of this agreement or to
6.
exercise any rights expressed in this agreement is not be a waiver of such
provisions or rights and does not affect the enforcement of this agreement.
Warranty Period
The standard warranty on Mobilarm Marine Employee Safety Monitoring Products
is 24 (twenty four) months.
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