Australian Pipeline Valve (APV) and its approved distributors warrants to the purchaser that its products delivered to the purchaser will be of the kind described in the order and will be free from latent defects in material or workmanship. The products must be properly stored, installed, operated, handled and not misused and must be used for the type of service and application for which they are designed and sold. APV’s obligation under warranty is limited to the replacement or repair at APV’s discretion of any part which shall prove defective in materials or workmanship within a period of one year from the date of shipment from APV’s premises, and does not include liability for consequential damages of any nature whatsoever. This warranty is in lieu of all other warranties either expressed or implied, and no other person - agent or distributor approved or otherwise - is authorised to alter the warranty for APV. This warranty does not include other or additional liability in connection with the sale or installation of our products.
All warranty obligations of APV pursuant hereto shall be null and void if the product or any of its parts is modified in any manner whatsoever without the prior written consent of APV.
Should a valid warranty claim occur within one year after the date of the delivery to the purchaser, APV will, upon written notification thereof and substantiation that the goods have been stored, installed, maintained, utilised and operated in accordance with APV’s written recommendations as recited in its Installation, Operation and Maintenance Manuals, correct such defects by suitable repair or replacement, whichever is appropriate in APV’s opinion, and at APV’s own expense (excluding air freight costs).
THE WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER WARRANTY OF QUALITY, WHETHER EXPRESSED OR IMPLIED, EXCEPT THE WARRANY OF TITLE AND AGAINST PATENT INFRINGEMENT. THERE ARE NO OTHER ORAL OR WRITTEN WARRANTIES OR REPRESENTATIONS REGARDING THE PRODUCTS, AS ALL UNDERSTANDING AND AGREEMENTS BETWEEN APV AND YOU, OUR INITIAL PURCHASER, REGARDING WARRANTY OF THE PRODUCTS ARE INCORPORATED HEREIN.
Correction of non conformities, in the manner and for the period of time provided above, shall constitute fulfilment of all liabilities of APV to our initial purchaser, with respect to the goods, whether based on contract, negligence, strict tort or otherwise. It is the intention of APV that no warranty of any kind, whether expressed or implied, shall pass through our initial purchaser to any other person or corporation.
LIMITATION OF LIABILITY: APV SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS, BUT NOT LIMITED TO, DAMAGES TO OR LOSS OF OTHER PROPERTY OR EQUIPMENT, LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, COST OF PURCHASED OR REPLACEMENT GOODS OR CLAIMS OF CUSTOMERS OF OUR INITIAL PURCHASER. THE REMEDIES OF OUR INITIAL PURCHASER, AND ALL OTHERS, SET FORTH HEREIN, ARE EXCLUSIVE, AND THE LIABILITY OF APV WITH RESPECT TO SAME SHALL NOT, EXCEPT AS EXPRESSLY PROVIDED HEREIN, EXCEED THE PRICE OF THE GOODS UPON WHICH SUCH LIABILITY IS BASED.