Terms of sales for instrument
Unless otherwise specified, all purchase orders, contract or agreement is subject to the clauses hereunder:
1. WARRANTY
1.1 The Seller warrants that all goods shall be free from defects in material and workmanship under normal use for a period of one year from the date of delivery.
1.2 The Buyer is responsible for determining that the goods are suitable for the Buyer’s use and that such use complies with any applicable law.
1.3 If the Buyer discovers an apparent defect in any of the goods then the Buyer must immediately notify Seller in writing and also return the goods, at the Buyer’s cost, to the place nominated by the Seller.
1.4 If after examination of the returned goods the Seller is satisfied that such goods are defective in materials or workmanship the Seller shall at its option repair or replace the goods, shipment to the Buyer prepaid.
1.5 If the Buyer shall fail to pay when due any portion of the purchase price or any other payment required from the Buyer to the Seller under this purchase order or contract, the warranty granted under section 1.1 may, at the Seller’s option, be terminated.
1.6 The warranty in section 1.1 is exclusive and all other representations, warranties and covenants, express or implied, are excluded. The Buyer’s sole and exclusive remedy for any breach of this warranty, shall be as set forth in section 1.4.
2 LIABILITY & INDEMNITY
2.1 In no event shall the Seller be liable to the Buyer for (A) any indirect, special or consequential losses including but not limited to loss of use, business, production, goodwill, revenue, profits or opportunity; (B) any loss due to death or personal injury of the Buyer and any other persons and (C) any physical loss of or physical damage of property of the Buyer; and any properties.
2.2 The Seller’s total liability for any guarantee or warranty to the Buyer shall be limited to the total amount paid by the Buyer under the purchase order or contract.