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E. Warranty
RubbaFIX
®
warrants that the MELTA
®
Pro shall be free from defects in materials and workmanship. The
Purchaser acknowledges, agrees and warrants that as the Purchaser’s intended use of the MELTA
®
Pro is
outside the control of RubbaFIX
®
, the Purchaser is satisfied that the MELTA
®
Pro when supplied shall be fit for
purpose.
In the event that it is proven to the satisfaction of RubbaFIX
®
that all or part of the MELTA
®
Pro does not perform
in accordance with this Warranty, then RubbaFIX
®
shall, at its discretion:
i. replace the MELTA
®
Pro; or
ii. Credit the purchaser the amount of the purchase price.
The Purchaser’s sole and exclusive remedy for breach of warranty shall be such replacement or credit. In the
event of a claim, the purchaser shall make available to RubbaFIX
®
or its nominees, servants or agents any
records reasonably required by RubbaFIX
®
to verify the claim.
A claim of defect in materials or workmanship in any MELTA
®
Pro shall be allowed only when it is submitted in
writing within 14 days after discovery of the defect and in any event, no later than twelve (12) months after
delivery of the MELTA
®
Pro to the Purchaser. No such claim shall be allowed in respect of a MELTA
®
Pro which
has been injected with non-RubbaFIX
®
approved products, neglected or improperly stored, transported, handled,
installed, connected, operated, used or maintained. In the event of unauthorised modification of the MELTA
®
Pro
including use of non-RubbaFIX
®
authorised products, no claim shall be allowed.
The Purchaser shall keep RubbaFIX
®
, its servants and agents, indemnified against all costs, claims, demands,
expenses and liabilities of whatsoever nature (including those by any third party), including but not limited to
claims of death, personal injury, damage to property and consequential loss (including loss of profit) which may
be made against the Purchaser or which the Purchaser may sustain, pay or incur as a result of or in connection
with the sale and use of the MELTA
®
Pro unless such costs, claim demanded, expense or liability shall be directly
and solely attributable to any breach of contract or guarantee by, or negligence of RubbaFIX
®
or its duly
authorised officers and/or agents.
It is the Purchaser’s responsibility to ensure that all applicable health and safety regulation are complied with
and appropriate steps are taken in relation to the storage, handling and the use of the goods and where the
RubbaFIX
®
supplies information to the purchaser on the potential hazards relating to the MELTA
®
Pro, such
information must be brought to the attention of its employees, agents, sub-contractors, visitors and customers.
