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consequential, direct, indirect or otherwise) or in any respect howsoever arising including, but not
limited to, liability from accident or negligence (other than pursuant to clause 5) that may be suffered
by you or any third party.
9. No person or entity is authorised to change the terms and conditions outlined in this warranty
statement in any respect, or to create any additional obligations or liabilities for any party involved.
10. This warranty statement supersedes any and all prior warranty agreements between the parties and
constitutes the complete, final and exclusive understanding of the parties with respect to the subject
matter. All prior negotiations, representations, or promises, whether oral or written, of either party
shall be deemed to have been merged herein.
11. If any part of this warranty statement is invalidated, for whatever reason, such part will be deleted
and the rest shall remain unaffected, continuing to be in full force and effect.
Delivery of Warranty Service
12. Subject to clause 13, and:
a. Peak being notified by you, within the duration of the applicable warranty period, of any defect
that you think is subject to any warranty valid under clauses 1, 2, 3 or 4; and
b. Peak being permitted to inspect the generators, parts and their installation (along with any relevant
packaging)
Peak shall at its option repair or replace defective generators or parts (including, if necessary, any
moving parts and irrespective of runtime). No additional charges will apply, for parts or delivery and,
where applicable, labour or travel. Peak will endeavour to deliver this service within 3 working days of
your notification.
13. Where, in Peak’s reasonable opinion, a defect is subject to an exclusion described in clause 6, Peak
reserves the right to charge for parts or delivery and, where applicable, you may also be charged by
Peak for call out, labour or travel in respect of any repair or replacement which you authorize Peak to
carry out.
