Refund policy

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

Except as expressly provided in Orgalime S 2012 and in this Addendum, 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 fullest extent permitted by law, and the warranties set forth in clauses 22-36 and Article 3 are excluded. 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 replacement shall constitute SESAM Containers' entire 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 other than the express provisions on damages, in no event shall SESAM Container be liable to Buyer, whether by reason of breach of contract, warranty, guarantee, tort, indemnity (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 revenue; (b) loss of profits; (c) loss of contract; (d) loss of business; (e) loss of use; (f) loss of production; (g) business interruption; (h) loss of uptime; (i) capital costs; (j) costs associated with business interruption; (k) economic loss; or(l) any special, incidental or consequential 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 to the contrary in this Agreement, SESAM Container's total liability with respect to all claims or losses, whether caused by breach of contract, warranty, tort, indemnity (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 under the circumstances.

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