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NKE MARINE ELECTRONICS liability can only be engaged if there is proof of its
responsibility in the event of a fault. With regard to the supply prototypes or pilot products,
the customer acknowledges that NKE is only bound by a simple obligation of means; that the
risk of malfunctions of these products is inherent in their nature, and that NKE can, therefore,
not be held liable in this respect.
NKE MARINE's liability is in any case expressly excluded in the event of (1) force majeure,
(2) fault, negligence, violation or failure by the customer to fulfil their own legal, regulatory or
contractual obligations resulting from the application of the general conditions of sale and (3)
in the case of use of the products for purposes other than those for which the product is
intended or due to storage or use that does not comply with the instructions and
recommendations for use.
NKE MARINE can under no circumstances be held liable for compensation related to indirect
and/or immaterial damage incurred by the customer or the latter's customers, such as
turnover, margin, or customer loss, and harm to image, nor in the event of non-attainment of
the return on investment expected or anticipated by the customer or the latter's customers,
as a result of the use of the products.
In all cases, should NKE MARINE be held liable, the maximum amount of compensation due
by NKE, all sums combined, cannot exceed the lowest of the following amounts: (1) twice the
amount of the related order before tax, (2) €15,000 (fifteen thousand euros).
7. LIABILITY
