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Munster Simms Engineering Limited ("Company")
STATEMENT OF LIMITED WARRANTY
The products manufactured and supplied by the Company ("Products"), are warranted to be free from material defects in
design, workmanship and material under normal use ("Defects") for (unless otherwise extended in advance in writing by
the Company) a period of 3 years from date of purchase, save that this warranty shall not apply where the Defect is
attributable to defective materials supplied by third parties. In such event, the only remedy of the buyer of the Products
("Buyer") will be against that third party.
This warranty applies only to Products that are properly installed and used in accordance with all oral and written
maintenance and operation instructions provided by the Company. The Company shall not be liable for a breach of any of
the warranties in this Statement of Limited Warranty if the Buyer makes any further use of the Products after giving the
Company notice of any Defect or the Buyer alters or repairs such Products without the written consent of the Company.
Products that have been disassembled or modified (without prior written approval of the Company), are not covered by
this warranty.
All Products are covered by a 3 year limited warranty (detailed below) from (unless otherwise extended in advance in
writing by the Company) date of purchase ("Standard Warranty"). In addition to the Standard Warranty, these Products
will be covered by a further warranty of 2 years but only when the registration form is completed and returned
("Additional Warranty"). The period of such Additional Warranty shall commence automatically the date the Standard
Warranty expires.
In the event that any of the warranties offered by the Company are breached, the Company shall (at its discretion) repair,
replace or issue a spares kit for the defective Product subject to prior examination at Company premises. If the Company
complies with this paragraph, it shall have no further liability for a breach of the warranties in respect of such Products.
Adjustment or replacement of defective parts made under this warranty will not extend the warranty period applicable
either under the Standard Warranty and/or the Additional Warranty.
The Company shall not bear any costs of removal, installation, transportation, or other charges that may arise in
connection with a warranty claim by the Buyer. Such costs shall be the Buyer's sole responsibility.
No claim in respect of defective Products will be valid unless the alleged defective Products are returned at the Buyer's
expense to the Company for inspection, together with proof of purchase.
Non-stock/ special order items are non-returnable by the Buyer in any circumstances, and this warranty does not apply to
prototype models.
EXCLUSIONS:
The Company shall not be liable for any indirect loss or for any special, incidental, punitive or consequential damages
suffered by the Buyer and/or any third party, whether this loss arises from breach of a duty in contract or tort or breach of
a statutory duty or in any other way, including, without limitation, loss arising from the negligence, default, breach of duty,
non-delivery, delay in delivery or defects or errors in the work undertaken by the Company pursuant to the terms of this
Statement of Limited Warranty or in connection with any other claim arising in connection with manufacture and/or supply
of the Products.
In particular, the Company shall not be liable (without limitation) for:
•
Loss of profits, increased production costs or other economic injury or loss;
•
Loss of contracts or opportunity; and/or
•
(insofar as is permitted by applicable law) damage to property of the Buyer or any third party.
The Company shall under no circumstances be liable for any breach of its obligations hereunder and/or under any
contract governing sale and purchase of the Products ("Contract") resulting from causes beyond its control including but
not limited to fires, strikes, lockouts, insurrection or riots, terrorism or civil disorder, embargoes, wrecks or delays in
transportation, requirements or regulations of any governmental authority, tempest, earthquake or other natural disaster,
flood, bursting or overflowing of water tanks, failure or shortage of power, fuel or other utilities, or loss of data and/or
communications due to causes such as those referred to in this paragraph.
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