TERMS AND CONDITIONS
Delivery and shipment dates are estimates only, and ARION POWER (PTY), LTD. does not guarantee delivery or shipment on or by such dates. ARION POWER (PTY), LTD. will make reasonable efforts to observe its dates indicated for delivery or other performance. However, ARION POWER (PTY),LTD. shall not be liable in any way because of any delay in performance hereunder due to unforeseen circumstances or to causes, beyond its control, including, without limitation, strike, lockout, embargo, riot, war, act of terrorism, fire, act of God, accident, failure or breakdown of components necessary to order completion, subcontractor, supplier or Customer caused delays, inability to obtain labour, materials or manufacturing facilities, or compliance with any law, regulation or order. Performance shall be deemed suspended during and extended for such time as any such circumstances or causes delay its execution. When such circumstances or causes have been remedied, ARION POWER (PTY), LTD. will make, and Customer shall accept performance hereunder. ARION POWER (PTY), LTD. reserves the right, in its sole discretion, to determine manufacturing location, allocate inventories and current productions and substitute suitable materials, when, in its opinion, such allocation or substitution is necessary or legally required due to such circumstances or causes. As used herein, “performance´ shall include, without limitation, fabrication, assembly, shipment, delivery, testing and warranty repair or replacement as applicable.
TRANSPORTATION AND RISK OF LOSS
Transportation will normally be in accordance with Customers shipping instructions, but ARION POWER (PTY), LTD. reserves the right to ship products freight collect and to select the means of transportation and routing. Unless otherwise advised, ARION POWER (PTY), LTD. may ensure the full value of the products or declare full value thereof to the transportation company at the time of delivery and all freight and insurance costs shall be for Customers account. Risk of loss or damage shall pass to Customer upon delivery of the products to the transportation company at the shipping point. Confiscation or destruction of, or damage to products shall not release, reduce or in any way affect the liability of Customer to make payment, therefore. Notwithstanding any defect or nonconformity, or any other matter, such risk of loss or damage shall remain in Customer until the products are returned at Customers expense to such place as ARION POWER (PTY), LTD. may designate in writing. Customer, at its expense, shall fully insure products against all loss or damage until ARION POWER (PTY), LTD. has been paid in full thereof, or the products have been returned to ARION POWER (PTY), LTD. All products must be inspected upon receipt and claims must immediately be filed with the transportation company and ARION POWER (PTY), LTD. when there is evidence of shipping damage, either concealed or external. Unless otherwise specified by ARION POWER (PTY), LTD.
ARION POWER (PTY),LTD. warrants for a period of one (1) year on the WiBOX and three (3) months on the acid-lead battery from the date of purchase, only to the original purchaser, that each product delivered shall be free from defects in material or workmanship at time of shipment, and that each product delivered will meet the published specifications for that product or any specifications agreed by ARION POWER (PTY),LTD. in writing. This warranty does not extend to any of the Company’s products which have been subject to misuse, adverse conditions, abuse, neglect, or accident, or which have been installed in the circuit or application, which has been altered or repaired outside of ARION POWER (PTY),LTD. factory, or which has not been used strictly in accordance with all manuals and instructions.
OTHER THAN THE WARRANTIES SET FORTH ABOVE, ARION POWER (PTY),LTD. MAKES NO OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AS TO THE CONDITION, DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY OF THE PRODUCTS, OR AS TO ANY OTHER MATTER, AND THE WARRANTIES SET FORTH ABOVE SHALL SUPERSEDE ANY ORAL OR WRITTEN WARRANTIES OR REPRESENTATIONS MADE OR IMPLIED BY ARION POWER (PTY),LTD. OR ANY OF ARION POWER (PTY),LTD. EMPLOYEES OR REPRESENTATIVES OR IN ANY OF ARION POWER (PTY),LTD. BROCHURES, MANUALS, CATALOGS, LITERATURE OR OTHER MATERIALS. IN ALL CASES, CUSTOMER´S SOLE AND EXCLUSIVE REMEDY AND ARION POWER (PTY), LTD. SOLE OBLIGATION FOR ANY BREACH OF THE WARRANTIES CONTAINED HEREIN SHALL BE LIMITED TO, AT ARION POWER (PTY), LTD.
WARRANTY REPLACEMENT AND ADJUSTMENT
All claims under warranty must be made in writing promptly after the occurrence of circumstances giving rise thereto and must be received within the applicable warranty period by ARION POWER (PTY), LTD. or its authorized representative. Each claim must include the product type and serial numbers or date code and a full description of the circumstances giving rise to the claim. Before any products are returned for repair and/or adjustment, written authorization from ARION POWER (PTY), LTD. or its authorized representative for the return and instructions as to how and where the products should be shipped must be obtained. Any product returned to ARION POWER (PTY), LTD. for examination shall be sent prepaid via the means of transportation indicated as acceptable by ARION POWER (PTY), LTD. ARION POWER (PTY), LTD. reserves the right to reject any warranty claim not promptly reported and any warranty claim on any item that has been altered or has been shipped by non-acceptable means of transportation. When any product is returned for examination and inspection, or for any other reason, Customer shall be responsible for all damage resulting from improper packing and handling and for loss in transit, notwithstanding any defect or nonconformity in the product. In all cases ARION POWER (PTY), LTD. has sole responsibility for determining the cause and nature of failure, and ARION POWER (PTY), LTD. determination with regard thereto shall be final. If it is found that ARION POWER (PTY), LTD. product has been returned without cause and is still serviceable, Customer will be notified, and the product returned at Customers expense. In addition, a charge for testing and examination may, in ARION POWER (PTY), LTD. sole discretion, be made on products so returned.
LIMITATION OF LIABILITY
THE MAXIMUM LIABILITY, IF ANY, OF SELLER RELATING TO PRODUCTS SOLD HEREUNDER, INCLUDING WITHOUT LIMITATION CONTRACT DAMAGES AND DAMAGES FOR INJURIES TO PERSONS OR PROPERTY, WHETHER ARISING FROM ARION POWER (PTY), LTD. BREACH OF THESE TERMS AND CONDITIONS OF SALE, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT WITH RESPECT TO THE PRODUCTS, OR ANY SERVICES IN CONNECTION WITH THE PRODUCTS, SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THE PRICE OF SUCH PRODUCTS. IN NO EVENT SHALL ARION POWER (PTY),LTD. BE LIABLE TO CUSTOMER OR ANY THIRD PARTY BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT LIABILITY OR OTHERWISE FOR ANY PUNITIVE, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST REVENUES AND PROFITS, EVEN IF ARION POWER (PTY),LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE RIGHT TO RECOVER DAMAGES WITHIN THE LIMITATIONS SPECIFIED IS CUSTOMERS EXCLUSIVE ALTERNATIVE REMEDY IN THE EVENT THAT THE REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.