Disclaimer
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Subject to the limitations set forth in this section, Chip Development Pty Ltd warrants to Reseller, customers or other third parties (hence forth to be known as Reseller) that each part of the products (excluding expendable items) sold by it to Reseller shall be in good working condition and free, under normal use and service, from defects in material and workmanship for a period of one year from the date of delivery of such part by Chip Development Pty Ltd to carrier.
Disclaimer of Warranties:
Except as stated above, Chip Development Pty Ltd disclaims all warranties, whether express or implied, oral or written, with respect to the products, including without limitation, all implied warranties of merchantability or fitness for any particular purpose. Chip Development Pty Ltd’s liability for damages to Reseller for any cause whatsoever, regardless of the form of any claim or action, shall not exceed the aggregate price paid for products under this agreement. Chip Development Pty Ltd shall in no event be liable for any loss of data, profits or use of the products, or for any special, incidental or consequential damages arising out of or in connection with the use or performance of the product.
Limitations of Liability:
Chip Development Pty Ltd will not be liable to Reseller for damages resulting from:
- Reseller’s failure to fulfill its covenants and responsibilities, whether due to negligence or other reasons.
- Improper or defective installations or servicing.
- Repairs or alterations conducted without Chip Development Pty Ltd’s written approval.
- Supply of products for use in, or the use of the products in, any system or configuration not designed to Chip Development Pty Ltd standards.
- Damages due to deterioration during storage periods by Reseller or customers.
- Loss of data, profits, or use of the products, or any special, incidental, or consequential damages related to the use or performance of the products.
Reseller’s Indemnification
Reseller shall indemnify Chip Development Pty Ltd against all claims asserted by Reseller’s customers or other third parties resulting from Reseller’s actions or omissions Reseller shall indemnify Chip Development Pty Ltd against all such claims asserted by customers of Reseller or other third parties as a result of Reseller’s acts or omissions.
Legal Compliance:
Reseller will undertake all possible and necessary actions permitted or required by laws and regulation of the territory to ensure that Chip Development Pty Ltd’s limits of responsibility as set forth above are valid and enforceable against whomever they are applicable. Reseller will immediately inform Chip Development Pty Ltd as soon as Reseller becomes aware of liability claims by a third party against the products.
Reseller’s Obligation:
