Armorgard rubble truck RT400 Manual de operação e manutenção - Página 16

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1.4

The Seller shall not be liable for a breach of the limited warranty in Section 10.1 if the:

1.4.1 defect arises because the Buyer failed to follow the Seller's oral or written instructions

as to the storage, installation, commissioning, use or maintenance of the Goods or (if there

are none) good trade practice;

1.4.2 the Buyer alters or repairs the Goods without the written consent of the Seller;

1.4.3 defect arises from fair wear and tear (as determined by the Seller in its sole and ab-

solute discretion), cosmetic rust, scratches, dents, or willful damage, negligence, abnormal

working conditions or misuse, environmental or other external factors;

1.4.4 the Buyer makes any further use of the Goods after giving notice of a defect in writing

to the Buyer;

1.4.5 defect arises as a result of the Seller following any drawing, design or specification

supplied by the Buyer;

1.4.6 the defect or imperfection is of a minor or insignificant nature in respect of the Goods;

1.4.7 the Goods differ from their description or specification as a result of changes made to

ensure they comply with applicable statutory or regulatory requirements.

1.5 Subject to Section 1.3 and 1.4 and the Seller's right to examine such Goods, if any of

the Goods do not comply with the warranty in Section 1.1, the Seller's liability shall be limited

(at the Seller's option) to the repair or replacement of such Goods (or the defective part(s) in

question) or the refund of the Price (or a proportionate part of the Price), and the Seller shall

have no further liability to the Buyer.

1.6

If the Seller so requests, the Buyer shall, at the Seller's expense, return the Goods or

the defective part(s) in question to the Seller. Any Goods replaced will belong to the Seller

and any repaired or replacement Goods will be guaranteed on these terms.

1.7

THE REMEDIES SET FORTH IN THIS SECTION 1 SHALL BE THE BUYER'S SOLE AND

EXCLUSIVE REMEDY AND THE SELLER'S ENTIRE LIABILITY FOR ANY BREACH OF THE

LIMITED WARRANTY SET FORTH IN SECTION 1.1.