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1. eNnovation Technology warrants that
it has good title to or licence to supply all Products to the
Customer.
2. IF any part of the hardware Products
should prove defective in materials or workmanship under normal
operation or service, such Products will be repaired or replaced
only in accordance with any warranty cover or terms as provided
by the manufacturer of the Products PROVIDED THAT no
unauthorised modifications to the Product or to the system of
which the Product forms part have taken place. eNnovation
Technology is not responsible for the cost of labour or other
expenses incurred in repairing defective or non-conforming
parts.
3. All software Products supplied
hereunder are supplied "as is" and the sole obligation of
eNnovation Technology in connection with the supply of software
Products is to use all reasonable endeavours to obtain and
supply a corrected version from the manufacturer concerned in
the event that such software Product should fail to conform to
product description PROVIDED ALWAYS THAT the Customer notifies
eNnovation Technology of any such non-conformity within 90 days
of the date of delivery of the applicable software Product.
Specially eNnovation Technology gives no express warranty in
relation to the Products Year 2000 compliance and cannot accept
any liability in relation to any losses, costs or expenses which
arise through any difficulty caused over date changes.
4. If the Products are rejected by the
Customer as not being in accordance with the Customer's order
pursuant to clause 2 or 3, eNnovation
Technology will only accept the return of such Products provided
that it receives written notification thereof giving detailed
reasons for rejection. eNnovation Technology will not consider
any claim for compensation, indemnity or refund under liability,
if any, has been established or agreed with the manufacturer and
where applicable the insurance company. Under no circumstances
shall the invoiced Products be deducted or set off by the
Customer until eNnovation Technology has passed a corresponding
credit note.
5. EXCEPT AS SPECIFICALLY SET OUT IN
THIS CLAUSE, eNnovation TECHNOLOGY DISCLAIMS AND EXCLUDES ALL
OTHERWARRANTIES, WHETHER EXPRESS OR
IMPLIED, BY STATUTE OR OTHERWISE INCLUDING BUT NOT LIMITED TO
THE WARRANTIES OF DESCRIPTION, DESIGN, SATISFACTORY QUALITY AND
FITNESS FOR A PARTICULAR PURPOSE.OR ARISING FROM ANY PREVIOUS
COURSE OF DEALING, USAGE OR TRADE PRACTICE.
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