Marine Rescue Technologies sMRT AU10 User Manual page 30

30 sMRT AU10 User Manual v1.8
(ii) the def ect has arisen because the Customer f ailed to f ollow the Supplier's oral or written instructions
as to the storage, commissioning, operation or use of the Equipment or (if there are none) good industry
practice; or
(iii) the def ect has arisen as a result of misuse, neglect, accident, mishandling or unauthorised or incorrect
repair or maintenance by any person other than the Supplier, or improper installation, unauthorised
modif ication, or loss or damage in transit; or
(iv ) the serial number to the Equipment concerned has been remov ed, def aced, or changed; or
(v ) the def ect has arisen as a result of any inf ormation, design or any other assistance supplied or
f urnished by the Customer (or a third party on the Customer's behalf ); or
(v i) the Customer has f ailed to comply with its obligations under clause 11(a) (including the terms of any
Annual Maintenance & Recertif ication Agreement) relating to maintenance of the Equipment concerned.
(d) Insof ar as the Equipment hardware comprises or contains equipment or components which were not
manuf actured or produced by the Supplier, the Customer is entitled only to such warranty as the Supplier
has receiv ed f rom the manuf acturer. The Supplier shall use reasonable endeav ours to transf er the benef it
of such warranty to the Customer.
(e) The warranty contained in clause 12(a) does not guarantee any minimum range or cov erage of the
Equipment or any ancillary equipment.
(f ) If the Supplier repairs or replaces Equipment as a result of any def ect which f alls outside the scope of
the warranty in clause 12(a) then the Customer is responsible f or pay ment of all the Supplier's associated
costs (including the costs of transportation, inv estigation and replacement parts and labour charges) at
the Supplier's standard rates at the relev ant time.
(g) Whenev er repairing Equipment the Supplier may , at its option, repair or replace Equipment parts or
sub-assemblies with new or reconditioned parts and sub-assemblies.
(h) The Supplier warrants that any of the Supplier's own standard Sof tware will substantially conf orm to its
published technical specif ications. Any Sof tware supplied with the Equipment which was not produced by
the Supplier is warranted in accordance with any End User License Agreement issued by the licensor(s) of
that sof tware which is supplied with the Equipment. The Supplier warrants all Sof tware products against
f ailure of programming instructions due to def ects in materials and workmanship when properly installed
and used on the Supplier's Equipment hardware. The Supplier is not responsible in any way f or ancillary
equipment, hardware or sof tware not supplied by the Supplier which is attached to or used in connection
with the Equipment, or f or the operation of the Equipment with any ancillary equipment, hardware or
sof tware and all such equipment, hardware or sof tware is expressly excluded f rom the Supplier's
warranty .
(i) Any repaired or replacement Equipment shall be under warranty f or the unexpired portion of the 12
month period ref erred to in clause 12(a).
13 Supplier remedy
(a) If the Supplier's perf ormance of its obligations under the Contract is prev ented or delay ed by any act
or omission of the Customer (other than by reason of a Force Majeure Ev ent under clause 18), the
Customer shall in all circumstances be liable to pay to the Supplier all reasonable costs, charges or losses
sustained by it as a result, subject to the Supplier notif y ing the Customer in writing of any such claim it
might hav e against the Customer in this respect.
14 Limitation of Liability
(a) The f ollowing prov isions set out the entire f inancial liability of the Supplier (including without limitation
any liability f or the acts or omissions of its employ ees, agents and sub-contractors) to the Customer in
respect of :
(i) any breach of the Contract howsoev er arising; and
(ii) any representation, misrepresentation (whether innocent or negligent), statement or tortious act or
omission (including without limitation negligence) arising out of or in connection with the Contract.
(b) All warranties, clauses and other terms implied by statute or common law are excluded f rom the
Contract to the f ullest extent permitted by law.
(c) Nothing in these Conditions excludes or limits the liability of the Supplier f or:
(i) death or personal injury caused by the Supplier's negligence; or
(ii) f raud or f raudulent misrepresentation.
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