9.5
The warranty does not exclude consumer’s rights arising from the seller’s liability for
defects in the goods.
9.6.
Except as specified in the clause 9.3 TAB d.d. makes no warranty, whether express
or implied, including without limitation any implied warranty of merchantability and
fitness for a particular purpose or any warranty arising from any course of dealing,
course of performance or usage of trade and specifically disclaims any represen
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tation or warranty that the product will meet customer’s requirements, perform any
specific function or achieve a desired result other than expressly stated by TAB Li-Ion
in writing.
9.7
Any liability to the customer in any case ceases to apply in the event that the
customer fails to notify TAB d.d. of the existence of the defect within ten (10) days of
having discovered the defect, in writing, in order to enable TAB d.d. to investigate the
damage.
9.8
Any liability of TAB d.d. for damage suffered by the customer is in any case
limited to the invoice amount of the relevant products, unless such damage has been
caused by gross negligence or willful misconduct of TAB d.d.. TAB d.d. can never be
held liable for (a) damage caused by any of the circumstances mentioned in clause
9.3, leading to damage to the TAB d.d. products or to any other device located near
those products, or (b) consequential damage or (c) loss of profits or goodwill.
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