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Aesus AESFill AF1 - Disclaimer and Limitation of Liability

Aesus AESFill AF1
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AESFill AF1C Machine Manual 9/58 Warranty, Terms & Conditions of Sale
WARRANTEE: Equipment and Component warranties are in accordance with those of the original equipment supplier, but for Aesus manufactured components shall
be 12 months, based on single shift usage. Wear parts, and those parts found not to be installed according to the equipment manufacturers or Aesus instructions,
abused, not used in accordance with the application originally intended, or modified without prior approval of the original equipment manufacturer or Aesus are
excluded. Labour or travel to replace defective parts is not included.
The foregoing is the only warrantee made by the seller, and the seller specifically disclaim all other warranties, express or implied, including but not limited to, the
implied warranties of marketability and fitness for a particular purpose.
LIMITS OF LIABILITY: Liability of the original Equipment supplier, Aesus’s, its agents, distributors, and representatives, for any damages suffered by the buyer or its
customers, whether in contract or otherwise, shall be limited to the amount paid to the seller by the buyer in reference to the equipment supplied, and in no case
shall a seller be liable for any special, indirect, or consequential damages (including loss of goods, loss of profits, loss of opportunity, replacement costs or other) of
buyers, any customer, or of any third party, even if sellers have been previously advised of the possibility of such damages.
RETURN OF GOODS: In no case can any material or equipment be returned to us without our prior written acceptance.
FORCE MAJEURE : Under no circumstances can Aesus or their representatives be responsible for delays caused by Force Majeure. Force Majeure includes strikes,
wars, riots, floods, fires, earthquakes, and other such eventualities out of the control of Aesus or their representatives.
WAIVER: Our failure to insist upon any of these terms and conditions shall not be deemed a waiver of any rights that Aesus may have, and shall not be deemed a
waiver of any subsequent breach or default in these terms and conditions.
PERMITS: Permits and inspections, when not specified, required for the installation and/or use of the equipment furnished, must be applied for by the buyer at their
own expense.
TAXES, excises, or other charges imposed by any local, state, or federal authority, which have to do with or affect the goods herein ordered, shall be assumed and
paid by the buyer. Bank charges and fees for legalization or certification of documents are not included.
SPECIFICATIONS: Specifications, machine designs, and features are subject to change without notice unless specifically agreed to in advance.
COPYRIGHT: This proposal, specifications, literature material, and all technical details are the property of Aesus and are supplied for the sole purpose of evaluating
equipment to be supplied by Aesus. Any reproduction or redistribution without our prior written consent is strictly prohibited.
CLAIMS: Any claim for consequential or incidental damages and any claims, right of action and demands, regardless of how they are described, whether in law or
equity, shall be interpreted according to the laws of the Province of Quebec, Canada and they shall be pursued solely in the Province of Quebec, Canada.
ACCEPTANCE AND USE OF MACHINERY:
Acceptance and/or use of this packaging machine include acceptance of all terms and conditions included herein.
Disclaimer and Limitation of Liability
IT IS UNDERSTOOD AND AGREED THAT SELLER’S LIABILITY FOR ANY DAMAGES SUFFERED BY BUYERS OR ITS CUSTOMERS, WHETHER
IN CONTRACT, IN TORT, UNDER ANY WARRANTY THEORY, IN NEGLIGENCE OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT PAID
TO SELLERS BY BUYER PURSUANT TO THE CONTRACT. UNDER NO CIRCUMSTANCES SHALL A SELLER BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) OF BUYERS, ANY CUSTOMER, OR ANY OTHER THIRD PARTY,
EVEN IF SELLERS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.