Refund policy

The period of liability for defects referred to in clause 23 shall be six (6) months from delivery of the product, spare parts or repaired parts;

Except as expressly set out in Orgalime S 2012 and in this Appendix, all conditions, warranties and representations, implied by statute, common law or otherwise, in connection with the delivery, non-delivery or delayed delivery of the Products are excluded to the extent permitted by law, and the warranties set out in clauses 22-36 and Article 3; 8.3, are exclusive and in lieu of all other warranties, conditions, provisions, representations, statements, undertakings and obligations, whether express or implied by statute, common law, custom, usage or otherwise, all of which are excluded to the fullest extent permitted by law;

Except as provided in clauses 22-36, the necessary repair, replacement or reimbursement shall constitute SESAM Containers’ total liability to the Buyer for defects in design, material or workmanship;

To the fullest extent permitted by applicable law, and notwithstanding anything else in this Agreement, except for the express indemnity provisions, in no event shall SESAM Container be liable to Buyer, whether by reason of breach of contract, warranty, guarantee, indemnity, tort, liability (including negligence), strict liability, statutory duty or otherwise, for any of the following damages or losses, in each case direct or indirect, such as, but not limited to: (a) loss of income; (b) loss of profits; (c) loss of contracts; (d) loss of business; (e) loss of use; (f) loss of production; (g) business interruption; (h) loss of operating time; (i) capital costs; (j) costs associated with business interruption; (k) economic loss; or (l) any special, incidental or indirect loss or damage, however arising, even if SESAM Container has been advised in advance that it may occur.

To the fullest extent permitted by applicable law, and notwithstanding anything else in this Agreement, SESAM Container’s total liability in respect of all claims or losses, whether arising from breach of contract, warranty, tort, delict, liability (including negligence), strict liability, statutory duty or otherwise, which may arise in connection with SESAM Container’s performance or non-performance of its work under this Agreement, shall not exceed the aggregate total purchase price;

Buyer acknowledges that the contents of this Article 3.10 have been specifically brought to Buyer’s attention and agrees that the exclusions and limitations of liability are reasonable in the circumstances;