14
8.3 Warranty (excluding Germany)
STANDARD WARRANTY CLAUSE FOR USERS IN EUROPE
Loctite expressly warrants that all products referred to in this Operating Manual under Air Filtertrolley 97612
(hereafter called “Products”) shall be free from defects in materials and workmanship. Loctite’s liability shall
be limited, at its option, to replacing those Products which are shown to be defective either in materials or
workmanship or to credit to the purchaser the amount of the purchase price thereof (plus freight and
insurance charges paid therefore by the user). The purchaser’s sole and exclusive remedy for breach or
warranty shall be such replacement or credit. A claim of defect in materials or workmanship in any Products
shall be allowed only when it is submitted to Loctite in writing within one month after discovery of the defect
or after the time the defect should reasonably have been discovered [and in any event within twelve months
after the delivery of the Products to the purchaser]. No such claim shall be allowed in respect of Products
which have been neglected or improperly stored, transported, handled, installed, connected, operated, used
or maintained or in the event of unauthorized modification or the Products [including, where products, parts
or attachments for use in connection with the Products are available from Loctite, the use of products, parts
or attachments which are not manufactured by Loctite.]
No Products shall be returned to Loctite for any reason without Loctite’s prior written approval. Products
shall be returned freight prepaid, in accordance with Loctite’s instructions.
EXCEPT FOR THE EXPRESS WARRANTY CONTAINED IN THIS SECTION, LOCTITE MAKES NO
WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE
PRODUCTS.
ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND OTHER
WARRANTIES OF WHATEVER KIND (INCLUDING AGAINST PATENT OR TRADEMARK
INFRINGEMENT) ARE HEREBY DISCLAIMED BY LOCTITE AND WAIVED BY THE PURCHASER.
THIS SECTION SETS FORTH EXCLUSIVELY ALL OF LOCTITE’S LIABILITY TO THE PURCHASER IN
CONTRACT, IN PART OR OTHERWISE IN THE EVENT OF DEFECTIVE PRODUCTS.
WITHOUT LIMITATION OF THE FOREGOING, TO THE FULLEST EXTENT POSSIBLE UNDER
APPLICABLE LAWS, LOCTITE EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY
DAMAGES INCURRED DIRECTLY OR INDIRECTLY IN CONNECTION WITH THE SALE OR USE OF, OR
OTHERWISE IN CONNECTION WITH, THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, LOSS OF
PROFITS AND SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER CAUSED BY
LOCTITE’S NEGLIGENCE OR OTHERWISE.