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LIABILITY FOR DEFECTS, LIMITED WARRANTY
Supplier hereby warrants to Purchaser, and Purchaser shall furnish its customers with a life time warranty that all Products will be free from defects resulting from faulty workmanship or materials. Where such defect is discovered after delivery by the Supplier, Purchaser or its customer shall be entitled, at Supplier's option, to either repair or replacement of the defective Product, provided Supplier's Return Authorization Process procedure in force at the time has been followed.
Supplier further warrants, unless indicated to the contrary, that the Product(s) covered by this contract is/are produced according to usual practices, customs, standards, specifications and tolerances of trade and/or manufacturer prevailing in the country of origin at the time of manufacture. THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. ALL OTHER WARRANTIES, AND SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED. SUPPLIER SHALL NOT BE RESPONSIBLE FOR ANY CONSEQUENTIAL, DIRECT OR INDIRECT COSTS OR LOSSES UNDER ANY CIRCUMSTANCES. Supplier will not repair or replace defective Products where the defect is the result of use or handling of the Product in a manner, circumstances, or for purposes other than those that have been approved or instructed by the Supplier in manuals.
The Supplier is not liable for defects arising out of materials provided, or a design stipulated or specified by the Purchaser.
The Supplier is liable only for defects which appear under the conditions of normal use of the Product.
The Supplier's liability expressly does not cover defects which are caused by faulty maintenance, incorrect erection or faulty repair by the Purchaser or its customer, or by alterations carried out without the Supplier's consent in writing. Finally the Supplier's liability does not cover normal wear and tear or deterioration.
\This Limited Warranty is provided by Supplier and contains the only express warranty provided to Purchaser and its customers. Supplier does not authorize Purchaser to give any other warranties beyond that granted herein.
Purchaser shall indemnify and hold Supplier harmless against any losses, damages and expenses arising out of or connected with any claim made against Supplier for personal injury or property damage by a customer of Purchaser, or any other third party, based upon any act or omission to act on the part of Purchaser with respect to the Products or upon any representation or warranty by Purchaser with respect to the Products not covered in the Limited Warranty granted by Supplier.
ALLOCATION OF LIABILITY FOR DAMAGE CAUSED BY THE PRODUCT
The Supplier shall not be liable for any damage to property caused by the Product after it has been delivered and whilst it is in the possession of the Purchaser. Nor shall the Supplier be liable for any damage to products manufactured by the Purchaser or its customers, or to products of which the Purchaser's or its customers' products form a part. If the Supplier incurs liability towards any third party for such damage to property as described herein, the Purchaser shall indemnify, defend and hold the Supplier harmless.
If a claim for damage as described in this Clause is initiated by a third party against one of the parties, the latter party shall forthwith inform the other party thereof in writing. The Supplier and the Purchaser shall be mutually obliged to let themselves be summoned to the court or arbitral tribunal examining claims for damages lodged against one of them on the basis of damage allegedly caused by the Product. The limitation of the Supplier's liability in the first paragraph of this Clause shall not apply where the Supplier has been guilty of gross negligence.
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