| 9.1 | The Company warrants to the Buyer that the Products will be free from defects in material and workmanship for a period of twelve months from the date of delivery to the Buyer (the "warranty period"). Provided the Buyer makes a full inspection of the Products immediately upon receipt and thereafter gives the Company written notice containing full particulars of any defects it discovers and the circumstances in which such defects occurred, the company shall, as its sole option, EITHER repair, replace or give a credit for price of any such Products which its examination confirms are defective in material or workmanship within the warranty period PROVIDED that the Buyer has adhered to the payment provisions contain in clause 4 hereof and FURTHER PROVIDED that; |
| a) | The Buyer returns the defective Products to the Company or its authorized service depot (as directed by the Company) and pays all transportation charges, duties and taxes associated with the repair, replacement and return of the products to the Buyer; OR |
| b) | If, at the Company's, option, The Company arranged for a technician to visit the Buyers installation to repair or replace the defective Products, the Buyers pays all transportation charged for the technician and his equipment, including any applicable duties and taxes, accommodation and living expenses and normal charges for the technician's time while traveling and for delays beyond the Company's control (save that the Buyer shall not be liable for any charge in respect of the technicians time on site actually engaged in carrying out the repair or replacement of such defective Products). |
| 9.2 | The repair or replacement of defective Products during the Warranty Period in accordance with clause 9.1 shall not as regards such Products extend the period of warranty therein provided. |
| 9.3 | The provisions of clause 9.1 do not extend to any Products which have been subjected to misuse, accident or improper installation, maintenance, application or operation nor do they extend to Products which have been repaired or altered otherwise than by the agents or employed of the Company unless previously authorized in writing by the Company. |
| 9.4 | THE WARRANTY CONTAINED IN CLAUSE 9 IS EXPRESSLY ACCEPTED BY THE BUYER IN LIEU OF ANY AND ALL OTHER TERMS, WARRANTIES, CONDITIONS OR LIABILITIES WHETHER EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO THE STATE, QUALITY DESCRIPTION, CAPACITY, DESIGN, CONSTRUCTION, OPERATION, USE OR PERFORMANCE OF THE PRODUCTS OR TO THE MERCHANTABILITY, REPAIR OR FITNESS FOR A PARTCULAR PURPOSE OF THE PRODUCTS OR OTHERWISE WHATSOEVER AND NO AGREEMENT VARYING OR EXTENDING THE SAME WILL BE BINDING UPON THE COMPANY UNLESS IN WRITING SIGNED BY A DIRECTOR OF THE COMPANY. |
| 9.5 | UNLESS A DIRECTOR OF THE COMPANY SHALL OTHERWISE EXPRESSLY AGREE IN WRITING , IN NO CIRCUMSTANCES SHALL THE COMPANY’S LIABILITY TO |