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ORBIT PP AGRICULTURAL INSTALLATION AND OPERATIONS MANUAL
This limited warranty does not apply to:
(a)
Any goods that have been subject to misuse (including use in a manner inconsistent with the design of the
product), abuse, neglect, accident or improper installation or maintenance; and
(b)
Any goods that have been altered or repaired by any person or entity other than Franklin Electric or its
authorised representatives;
(c)
Any goods not manufactured by Franklin Electric unless Franklin Electric is entitled to the benefit of the
same or similar undertaking, mutatis mutandis from the supplier or manufacturer thereof. In such case,
Franklin Electric's liability to the customer for such goods shall be limited to Franklin Electric's benefit from
the supplier or manufacturer thereof.
Stated performance figures are based on Franklin Electric's testing experience. Franklin Electric shall not be liable for
any loss or damaged incurred or sustained by the customer as a result of the customer's reliance on such figures unless
Franklin Electric shall in writing, have:
(a)
Guaranteed such performance figures within specified tolerances; and
(b)
Agreed to pay a penalty or liquidated damages in the event of such performance figures not being
achieved, in which event Franklin Electric's liability shall be strictly limited to the amount of such agreed
upon penalty or damages.
Notwithstanding anything to the contrary, Franklin Electric shall not be liable, under any circumstances, for:
(a)
Any loss of trade or profit occurring to the customer in the event of the delivery of goods being frustrated
or delayed by acts of God or force majeure such as, but not limited to, strikes, riots, lockouts, trade
disputes, fire, war, mobilisation, military conscription, confiscation, uprising, trade embargoes, shortage of
raw materials, or by any other cause beyond Franklin Electric's control, and
(b)
Loss of profit or any special, incidental or consequential damages whatsoever whether arising from breach
of contract, delict, negligence, or from any other cause, even if Franklin Electric shall have been advised of
the possibility of such potential loss or damage.
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