The Company is not liable to the client for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the supply of the equipment, except to the extent that such liability may not lawfully be limited or excluded.

The equipment is sold as is, without warranty, being expressed or implied, and makes no warranty as to the equipment containing original manufacturer installed or rebuilt components, parts, or accessories. Regardless of the generality of clause 1, the Company expressly excludes liability for Consequential Loss or damage which may arise in respect of the services or for loss of data, loss of, or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit, whether direct, indirect, economic, consequential howsoever arising by way of act or omission in contract or in tort. You agree to release and indemnify the Company to that extent. The client will bear the entire expense of repairing or correcting any defects that may presently exist or that may occur in the equipment.

All new equipment sold under this Agreement is supplied in accordance with the manufacturer’s warranty terms and conditions. The purchaser acknowledges and agrees that the scope, duration, and limitations of the warranty are as set out in the manufacturer’s warranty documentation and any specific conditions or representations expressly provided in writing at the point of sale.

Where the Company cannot by law exclude such liability, its liability to the client will be limited to, if the breach relates to goods, the replacement or repair of the goods or, if the breach relates to services, the supply of those services or the payment of the cost of those services supplied again. This clause applies despite anything else contained in or incidental to the agreement and to the fullest extent permitted by law.

Regardless of clause 1, the limitation of liability set out in clause 1 will not apply to any liability arising as a result of, or in connection with:
(a) fraud or wilful misconduct by the Company;
(b) breach of confidentiality by the Company;
(c) breach of privacy by the Company; or
(d) infringement of a third party’s Intellectual Property Rights by the Company. For the purposes of this clause, the term “Company” shall mean the Company, its officers, employees, subcontractors, suppliers, and agents, whether individually or collectively.

To the fullest extent permitted by law, the Company excludes all warranties implied by law except as expressly set out in the agreement.