Common use of Warranty and Limitation of Liability Clause in Contracts

Warranty and Limitation of Liability. (a) In relation to the goods we manufacture, to the fullest extent permitted by law, our liability is limited to making good by replacement or repair defects which, under proper use, appear thereon and arise solely from faulty design, material or workmanship within a period of six calendar months after the original goods or equipment have been first despatched, at the termination of which period all liability on our part ceases. For the avoidance of doubt, we are not liable for defects arising out of: i. A failure by you or your Personnel to properly store any goods or equipment; ii. A failure by you or your Personnel to use or operate any goods or equipment in strict accordance with any manuals, guidelines or directions given by us, or in the absence of such manuals, guidelines or directions, then in strict accordance with applicable industry standards; iii. Defects caused by the continued use or operation of the goods or equipment after you or your Personnel have become aware of ought to have become aware of a defect in the goods or equipment; iv. Defects caused or contributed to by any design, materials or workmanship provided by you or your Personnel; or v. Any part of the goods or equipment reasonably considered as consumables, intended to be consumed or used up on a regular basis including but not limited to items such as grinding media and ceramic wear items. (b) In the case of goods or equipment not of our manufacture, you are entitled only to such benefits as given under any manufacturer’s warranty in respect thereof which we are able to assign to you. (c) Except where expressly prohibited by statute, save as set out sub-clauses (a), (b) and (f) of this clause 16 all expenses or implied warranties relating to quality or fitness for any purpose of the goods is hereby expressly excluded to the fullest extent permitted by law. (d) Such defects referred to in sub-clauses (a) and (b) of this clause 16 must be notified to us at the address above as soon as any defect is noticed and you must prove to our satisfaction that the goods or equipment in question were manufactured or supplied by us. (e) Where goods are manufactured by us or supplied to you to your description or specification we shall be under no liability to replace or repair defects arising from faulty design, or for any other claims whatsoever except faulty workmanship or material. (f) In the event that any Supply is a supply of goods or services to a consumer as defined in AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (as amended or replaced) (“the Act”) nothing contained in this Agreement excludes or modifies any condition, warranty, right or remedy which pursuant to the Act applies to the Agreement or is conferred upon you provided that to the extent the Act permits us to limit such liability then our liability for such breach shall be limited at our absolute discretion to any one of the following: i. the cost of replacing the goods; or ii. cost of acquiring equivalent goods; or iii. the cost of repairing the goods; or iv. in the case of services, the supplying of the services again; or v. The payment for the cost of having the services supplied again. (g) The foregoing shall be our sole and exclusive liability to you arising from our dealings with you. (h) Under no circumstances whatsoever shall we be liable to you for special, incidental or consequential damages including but not limited to damage or loss resulting from inability to use the goods, loss of anticipated profits, loss by reason of plant shut down, non-operation or increased expense of operation, service interruption, loss of production, cost of purchased or replacement power, claims of customers, cost of money, loss of capital or revenue, or for any special, incidental or consequential damages, whether similar to dissimilar of any nature arising from any cause whatsoever, whether based in contract, tort (including negligence), strict liability or any other theory of law and whether or not we have been given notice of the possibility of any such damages or losses occurring.

Warranty and Limitation of Liability. (a) In You acknowledge and agree that to the extent permitted by law, we will not be liable for, and you release us in respect of, any claim, loss, cost, damage, or expense (Claim) arising out of any act or omission of us or our employees, officers, or agents unless that Claim is a direct result of the negligence or breach of this Agreement or a warranty by us. (b) Subject to clause 18(d) and (h), in relation to the goods we manufacturemanufacture or services we provide, to the fullest extent permitted by law, our liability is limited to making good by replacement or the lesser of: i. repair of defects which, under proper use, appear thereon and arise solely from faulty design, material or workmanship within a period of six calendar months after the original goods or equipment have been first despatched, despatched (at the termination of which period all liability on our part ceases); ii. For the avoidance re-supply of doubtdefective goods or services (if applicable); iii. the cost of the re-supply of defective the goods or services in question (if applicable); or iv. the price paid by you to us in relation to the defective goods and/or services. (c) Notwithstanding anything in this Agreement, we are not liable for defects arising out of: i. A failure by you or your Personnel to properly store any goods or equipment;. ii. A failure by you or your Personnel to use or operate any goods or equipment in strict accordance with any manuals, guidelines or directions given by us, or in the absence of such manuals, guidelines guidelines, or directions, then in strict accordance with applicable industry standards;. iii. Defects caused by the continued use or operation of the goods or equipment after you or your Personnel have become aware of ought to have become aware of a defect in the goods or equipment;. iv. Defects caused or contributed to by any design, materials or workmanship provided by you or your Personnel; or v. Any part of the goods or equipment reasonably considered as consumables, intended to be consumed or used up on a regular basis including but not limited to items such as grinding media and ceramic wear items. (bd) In the case of goods or equipment not of our manufacture, you are entitled only to such benefits as given under any manufacturer’s warranty in respect thereof which we are able to assign to you. (ce) Except where expressly prohibited by statute, save as set out sub-clauses (a), (b) and (fh) of this clause 16 18 all expenses or implied warranties relating to quality or fitness for any purpose of the goods is hereby expressly excluded to the fullest extent permitted by law. (df) Such defects referred to in sub-clauses (a) and (b) of this clause 16 18 must be notified to us at the address above as soon as any defect is noticed noticed, and you must prove to our satisfaction that the goods or equipment in question were manufactured or supplied by us. (eg) Where goods are manufactured by us or supplied to you to your description or specification specification, we shall be under no liability to replace or repair defects arising from faulty design, or for any other claims whatsoever except faulty workmanship or material. (fh) In the event that any Supply is a supply of goods or services to a consumer as defined in AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (as amended or replaced) (“the Act”) nothing contained in this Agreement excludes or modifies any condition, warranty, right or remedy which pursuant to the Act applies to the Agreement or is conferred upon you provided that to the extent the Act permits us to limit such liability then our liability for such breach shall be limited at our absolute discretion to any one of the following: i. the cost of replacing the goods; or ii. cost of acquiring equivalent goods; or iii. the cost of repairing the goods; or iv. in the case of services, the supplying of the services again; or v. The payment for the cost of having the services supplied again. (gi) The foregoing shall be our sole and exclusive liability to you arising from our dealings with you. (hj) Under no circumstances whatsoever shall we be liable to you for special, incidental or consequential damages including but not limited to damage or loss resulting from inability to use the goods, loss of anticipated profits, loss by reason of plant shut down, non-operation or increased expense of operation, service interruption, loss of production, cost of purchased or replacement power, claims of customers, cost of money, loss of capital or revenue, or for any special, incidental or consequential damages, whether similar to dissimilar of any nature arising from any cause whatsoever, whether based in contract, tort (including negligence), strict liability or any other theory of law and whether or not we have been given notice of the possibility of any such damages or losses occurring.

Warranty and Limitation of Liability. (a) In relation to the goods we manufacture, to the fullest extent permitted by law, our liability is limited to making good by replacement or repair defects which, under proper use, appear thereon and arise solely from faulty design, material or workmanship within a period of six calendar months after the original goods or equipment have been first despatched, at the termination of which period all liability on our part ceases. For the avoidance of doubt, we are not liable for defects arising out of: i. A failure by you or your Personnel to properly store any goods or equipment; ii. A failure by you or your Personnel to use or operate any goods or equipment in strict accordance with any manuals, guidelines or directions given by us, or in the absence of such manuals, guidelines or directions, then in strict accordance with applicable industry standards; iii. Defects caused by the continued use or operation of the goods or equipment after you or your Personnel have become aware of ought to have become aware of a defect in the goods or equipment; iv. Defects caused or contributed to by any design, materials or workmanship provided by you or your Personnel; or v. Any part of the goods or equipment reasonably considered as consumables, intended to be consumed or used up on a regular basis including but not limited to items such as grinding media and ceramic wear items. (b) In the case of goods or equipment not of our manufacture, you are entitled only to such benefits as given under any manufacturer’s warranty in respect thereof which we are able to assign to you. (c) Except where expressly prohibited by statute, save as set out sub-clauses (a), (b) and (fb) of this clause 16 18 all expenses or implied warranties relating to quality or fitness for any purpose of the goods is hereby expressly excluded to the fullest extent permitted by law. (d) Such defects referred to in sub-clauses (a) and (b) of this clause 16 18 must be notified to us at the address above as soon as any defect is noticed noticed, and you must prove to our satisfaction that the goods or equipment in question were manufactured or supplied by us. (e) Where goods are manufactured by us or supplied to you to your description or specification specification, we shall be under no liability to replace or repair defects arising from faulty design, or for any other claims whatsoever except faulty workmanship or material. (f) In You (and we) agree to contract out of the event that any Supply is a supply of goods or services to a consumer as defined in AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 Consumer Guarantees Act 1993 (as amended or replaced) (the “the ActCGA”) nothing contained in this Agreement excludes or modifies any condition, warranty, right or remedy which pursuant to and the Fair Trading Act applies to 1986 (the Agreement or is conferred upon you provided that “FTA”) to the extent permitted by the Act permits us to limit such liability then our liability for such breach shall be limited at our absolute discretion to any one CGA and the FTA (including the statutory guarantees and implied terms, covenants and conditions contained in the CGA and sections 9, 12A and 13 of the followingFTA). You (and we) acknowledge that: i. the cost of replacing the goodsyou are “in trade”; orand ii. cost you acquire any Supply from us for business purposes, and all provisions of acquiring equivalent goods; or iii. this Agreement will be read as modified to the cost of repairing the goods; or iv. in the case of services, the supplying of the services again; or v. The payment for the cost of having the services supplied againextent necessary to give effect to that intention. (g) The foregoing shall be our sole and exclusive liability to you arising from our dealings with you. (h) Under no circumstances whatsoever shall we be liable to you for special, incidental or consequential damages including but not limited to damage or loss resulting from inability to use the goods, loss of anticipated profits, loss by reason of plant shut down, non-non- operation or increased expense of operation, service interruption, loss of production, cost of purchased or replacement power, claims of customers, cost of money, loss of capital or revenue, or for any special, incidental or consequential damages, whether similar to dissimilar of any nature arising from any cause whatsoever, whether based in contract, tort (including negligence), strict liability or any other theory of law and whether or not we have been given notice of the possibility of any such damages or losses occurring.

Warranty and Limitation of Liability. (a) In relation to the goods we manufacture, to the fullest extent permitted by law, our liability is limited to making good by replacement or repair defects which, under proper use, appear thereon and arise solely from faulty design, material or workmanship within a period of six calendar months after the original goods or equipment have been first despatched, at the termination of which period all liability on our part ceases. For the avoidance of doubt, we are not liable for defects arising out of: i. A failure by you or your Personnel to properly store any goods or equipment; ii. A failure by you or your Personnel to use or operate any goods or equipment in strict accordance with any manuals, guidelines or directions given by us, or in the absence of such manuals, guidelines or directions, then in strict accordance with applicable industry standards; iii. Defects caused by the continued use or operation of the goods or equipment after you or your Personnel have become aware of ought to have become aware of a defect in the goods or equipment; iv. Defects caused or contributed to by any design, materials or workmanship provided by you or your Personnel; or v. Any part of the goods or equipment reasonably considered as consumables, intended to be consumed or used up on a regular basis including but not limited to items such as grinding media and ceramic wear items. (b) In the case of goods or equipment not of our manufacture, you are entitled only to such benefits as given under any manufacturer’s warranty in respect thereof which we are able to assign to you. (c) Except where expressly prohibited by statute, save as set out sub-clauses (a), (b) and (fb) of this clause 16 18 all expenses or implied warranties relating to quality or fitness for any purpose of the goods is hereby expressly excluded to the fullest extent permitted by law. (d) Such defects referred to in sub-clauses (a) and (b) of this clause 16 18 must be notified to us at the address above as soon as any defect is noticed and you must prove to our satisfaction that the goods or equipment in question were manufactured or supplied by us. (e) Where goods are manufactured by us or supplied to you to your description or specification we shall be under no liability to replace or repair defects arising from faulty design, or for any other claims whatsoever except faulty workmanship or material. (f) In You (and we) agree to contract out of the event that any Supply is a supply of goods or services to a consumer as defined in AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 Consumer Guarantees Act 1993 (as amended or replaced) (the “the ActCGA”) nothing contained in this Agreement excludes or modifies any condition, warranty, right or remedy which pursuant to and the Fair Trading Act applies to 1986 (the Agreement or is conferred upon you provided that “FTA”) to the extent permitted by the Act permits us to limit such liability then our liability for such breach shall be limited at our absolute discretion to any one CGA and the FTA (including the statutory guarantees and implied terms, covenants and conditions contained in the CGA and sections 9, 12A and 13 of the followingFTA). You (and we) acknowledge that: i. the cost of replacing the goodsyou are “in trade”; orand ii. cost you acquire any Supply from us for business purposes, and all provisions of acquiring equivalent goods; or iii. this Agreement will be read as modified to the cost of repairing the goods; or iv. in the case of services, the supplying of the services again; or v. The payment for the cost of having the services supplied againextent necessary to give effect to that intention. (g) The foregoing shall be our sole and exclusive liability to you arising from our dealings with you. (h) Under no circumstances whatsoever shall we be liable to you for special, incidental or consequential damages including but not limited to damage or loss resulting from inability to use the goods, loss of anticipated profits, loss by reason of plant shut down, non-operation or increased expense of operation, service interruption, loss of production, cost of purchased or replacement power, claims of customers, cost of money, loss of capital or revenue, or for any special, incidental or consequential damages, whether similar to dissimilar of any nature arising from any cause whatsoever, whether based in contract, tort (including negligence), strict liability or any other theory of law and whether or not we have been given notice of the possibility of any such damages or losses occurring.

Warranty and Limitation of Liability. (a) In You acknowledge and agree that to the extent permitted by law, we will not be liable for, and you release us in respect of, any claim, loss, cost, damage, or expense (Claim) arising out of any act or omission of us or our employees, officers, or agents unless that Claim is a direct result of the negligence or breach of this Agreement or a warranty by us. (b) Subject to clause 18(d) and (h), in relation to the goods we manufacturemanufacture or services we provide, to the fullest extent permitted by law, our liability is limited to making good by replacement or the lesser of: i. repair of defects which, under proper use, appear thereon and arise solely from faulty design, material or workmanship within a period of six calendar months after the original goods or equipment have been first despatched, despatched (at the termination of which period all liability on our part ceases); ii. For the avoidance re-supply of doubtdefective goods or services (if applicable); iii. the cost of the re-supply of defective the goods or services in question (if applicable); or iv. the price paid by you to us in relation to the defective goods and/or services. (c) Notwithstanding anything in this Agreement, we are not liable for defects arising out of: i. A failure by you or your Personnel to properly store any goods or equipment;. ii. A failure by you or your Personnel to use or operate any goods or equipment in strict accordance with any manuals, guidelines or directions given by us, or in the absence of such manuals, guidelines guidelines, or directions, then in strict accordance with applicable industry standards;. iii. Defects caused by the continued use or operation of the goods or equipment after you or your Personnel have become aware of ought to have become aware of a defect in the goods or equipment;. iv. Defects caused or contributed to by any design, materials or workmanship provided by you or your Personnel; or v. Any part of the goods or equipment reasonably considered as consumables, intended to be consumed or used up on a regular basis including but not limited to items such as grinding media and ceramic wear items. (bd) In the case of goods or equipment not of our manufacture, you are entitled only to such benefits as given under any manufacturer’s warranty in respect thereof which we are able to assign to you. (ce) Except where expressly prohibited by statute, save as set out sub-clauses (a), (b) and (fh) of this clause 16 18 all expenses or implied warranties relating to quality or fitness for any purpose of the goods is hereby expressly excluded to the fullest extent permitted by law. (df) Such defects referred to in sub-clauses (a) and (b) of this clause 16 18 must be notified to us at the address above as soon as any defect is noticed noticed, and you must prove to our satisfaction that the goods or equipment in question were manufactured or supplied by us. (eg) Where goods are manufactured by us or supplied to you to your description or specification specification, we shall be under no liability to replace or repair defects arising from faulty design, or for any other claims whatsoever except faulty workmanship or material. (fh) In the event that any Supply is a supply of goods or services to a consumer as defined in AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (as amended or replaced) (“the Act”) South African Consumer Protection Act 68 of 2008, nothing contained in this Agreement excludes or modifies limits any condition, implied warranty, right condition or guarantee imposed by the Act, or any remedy which pursuant available to the consumer in terms of the Act. Our liability for any breach of the Act applies is limited to the Agreement remedies provided for in the Act, including, but not limited to, replacement or is conferred upon you provided that to the extent the Act permits us to limit such liability then our liability for such breach shall be limited at our absolute discretion to any one repair of defective goods, refund of the following: i. purchase price, or the cost of replacing the goods; or ii. cost of acquiring equivalent goods; or iii. the cost of repairing the goods; or iv. in the case of services, the supplying provision of the services again; or v. The payment for the cost of having the services supplied again. (gi) The foregoing shall be our sole and exclusive liability to you arising from our dealings with you. (hj) Under no circumstances whatsoever shall we be liable to you for special, incidental or consequential damages including but not limited to damage or loss resulting from inability to use the goods, loss of anticipated profits, loss by reason of plant shut down, non-operation or increased expense of operation, service interruption, loss of production, cost of purchased or replacement power, claims of customers, cost of money, loss of capital or revenue, or for any special, incidental or consequential damages, whether similar to dissimilar of any nature arising from any cause whatsoever, whether based in contract, tort common law (including negligence), strict liability or any other theory of law and whether or not we have been given notice of the possibility of any such damages or losses occurring. We shall not be liable to you for any direct, indirect, incidental, consequential, special or punitive damages or losses of any kind whatsoever, whether based in contract, delict (including negligence), strict liability or any other theory of law, and whether or not we have been given notice of the possibility of any such damages or losses occurring. This limitation of liability shall apply to any claims, damages, or losses arising out of or in connection with our dealings with you."