DOG WASTE SOLUTIONS (Seller) shall make good by replacement or, by mutual agreement between Seller and the Customer, repair any failure (fair wear and tear excepted) in the goods and/or services which, under conditions of proper use and maintenance, results from defects in the Seller’s manufacture, design, materials or workmanship and which appears not later than 12 months after the Date of Delivery.
The Seller’s liability under this Condition shall automatically cease if:
The Seller or its servants or agents are denied full and free right of access to the allegedly defective Goods or the Customer has not properly maintained the Goods or,
The defect or failure is caused by willful damage, neglect misuse, improper installation, accident or abnormal working conditions or continued use after a defect has become apparent or,
The Customer has failed to notify the Seller in writing of any defect or suspected defect within 30 days of the same coming to the knowledge of the Customer or,
If such defect or failure arises as a result of any inaccurate or incomplete information or details supplied by the Customer or in any defect or inaccuracy in any operating conditions, equipment or other property of the Customer.
This Warranty does not apply to normal wear and tear, abrasive cleaning products used to clean products, normal fading from sun exposure, or failure to lubricate moving parts, hinges or locks.
THE WARRANTY SET OUT HERIN SHALL BE IN LIEU OF ANY WARRANTIES CONDITIONS OR UNDERTAKING WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE HOWSOEVER WHICH WARRANTIES, CONDITIONS AND UNDERTAKINGS ARE HEREBY EXPRESSLY EXCLUDED, EXCEPT THAT SUCH EXCLUSIONS WILL NOT APPLY. THE SELLER’S RESPONSIBILITY IS LIMITED TO THE TERMS OF THE FOREGOING PROVISIONS OF THIS CONDITION AND (EXCEPT IN RESPECT OF DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF THE SELLER, ITS SERVANTS OR AGENTS). THE SELLER SHALL NOT BE LIABLE FOR ANY CLAIM FOR DIRECT OR INDIRECT CONSEQUENTIAL OR INCIDENTAL LOSS, INJURY OR DAMAGE WHATSOEVER (INCLUDING, BUT NOT LIMITED TO LOSS OF PROFIT) MADE BY THE CUSTOMER OR ANY THIRD PARTY AGAINST THE SELLER ARISING OUT OF OR IN CONNECTION WITH ANY DEFECT IN THE GOODS AND/OR SERVICES WHETHER OR NOT SUCH DEFECT IS DIRECTLY OR INDIRECTLY WHOLLY OR IN PART CAUSED BY THE ACT, OMISSION, DEFAULT OR NEGLIGENCE OF THE SELLER, ITS SERVANTS OR AGENTS AND WHETHER OR NOT SUCH DEFECT AMOUNTS TO A BREACH OF A FUNDAMENTAL TERM OR A PRIMARY OBLIGATION OF THE CONTRACT OR A FUNDAMENTAL BREACH THEREOF.