CryopAL TP-35 - Warranty and Limit of Liability; Warranty; Limit of Liability

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12. Warranty and limit of liability
12.1 Warranty
The warranty period takes effect on the date of issue
of the equipment delivery note and has a duration of
one year.
Goods are delivered at the vendor’s risk if delivered
by a carrier appointed by Cryopal. In other cases
delivery is at the buyer’s risk.
The vendor guarantees the equipment against all
design faults and defects of manufacture and
construction affecting the storage tanks.
The seller's guarantee is strictly limited, at the seller's
discretion, to repairing or replacing the parts which it
acknowledges as defective and to its labour expenses
other than transport and packing charges.
Replaced defective parts become the property of the
vendor.
The repair, modification or replacement of parts during
the guarantee period does not extend the duration of
the guarantee.
To qualify for the guarantee, the user must submit a
claim to the vendor within 15 days of its receipt of the
equipment, accompanied by the delivery note.
The required repairs, modifications or replacements
due to normal wear and tear, deteriorations or
accidents from faulty operation, insufficient
supervision or maintenance, negligence, overloads, a
use not conforming to the utilization regulations, as
well as shocks, drops, or degradations due to bad
weather are not covered by the guarantee (see the
operating instructions).
This guarantee is immediately invalidated in the event
of the replacement or repair of original parts by
persons not duly authorized by Cryopal.
Within the limits imposed by applicable legislation, it is
expressly agreed that the guarantee awarded in this
article is the only guarantee implicitly, explicitly or
lawfully granted by the vendor with regard to the
materials sold, and that, except where stated to the
contrary in writing, the buyer renounces entitlement to
any legal action which the buyer (or its employees,
affiliate companies, successors or concession
holders) might take against the vendor, its employees,
affiliate companies, successors or concession
holders, in connection with the materials sold; this
provision includes without limitation actions
concerning personal injury, damage to goods not
covered by the agreement, indirect or immaterial
losses or damage and particularly loss of use or of
profit, loss of cryogenic liquid or of products in storage
etc. Within the limits imposed by applicable legislation,
the buyer undertakes to compensate the vendor, its
employees, affiliate companies, successors and
concession holders, for all claims, complaints,
demands, court orders, convictions or liabilities of any
nature, as well as all costs and expenses incurred by
or imposed on the vendor in connection with the
materials sold.
Replacement parts must be used in the conditions of
service originally defined by the vendor. In particular,
safety devices sold as replacement parts must be
installed as replacements for the original safety
devices in conditions of service (pressure,
temperature, gas, valve diameter etc.) identical to the
original.
Application of this guarantee takes place in
accordance with the vendor’s general terms and
conditions of sale.
12.2 Limit of liability
Neither Cryopal , nor any related company, may under
any circumstances be held liable for any damages,
included but not limited to damages for loss of
manufacture, interruption of manufacture, loss of
information, defect in the indicator or its accessories,
bodily harm, loss of time, financial or material losses,
or for any consequences whether indirect or
subsequent to a failure occurring in the course of use,
or inability to use the product, even in a situation
where Cryopal had been made aware of such
damages.