
IRWIN INDUSTRIAL
TOOLS/VISE GRIP
(Formerly AMERICAN TOOL) (VG)
Warranties
7.1 We warrant only that the goods will, on delivery,
be free from defects in materials and work
manship.
7.2
If any failure to meet the
warranty stated in Clause 7.1 will appear during the period of 12 cal
endar months after delivery of the goods, in
order for such warranty to apply, the customer
will immediately notify us in
writing of the alleged defects and will, following the agreement with
us, return the goods at its own risk
to the location we specify, or if so instructed, hold the
goods for our inspection. If
the alleged defect exists, we will at our option either repair or
replace the defective goods in order to remedy the
defect, or refund the purchase price of the
defective goods.
7.3
The undertaking stated in
Clause 7.2 will not apply to (a) any goods that have been repaired
or altered, unless by us, or mixed with other goods, or used
to create composite products: or
(b) any goods that have been
subject to any accident or damage or that have been improperly
stored, maintained or used.
7.4 The undertaking in
Clause 7.2 is the full extent of our liability with respect to the warranty in
Clause
7.1. We will not be liable for (a) any direct loss or damage except as
stated above; or
(b) any consequential or incidental loss or damage of any kind
whatsoever (including, without
limitation,
loss or profits, revenue or contracts).
7.5
The customer acknowledges
that, except as stated above, all warranties, conditions, or
representations whether express or implied,
statutory or otherwise (such as the warranty of
merchantability and fitness for a
particular purpose), and whether arising under any prior
agreement or any oral or written statements made by us or on our behalf
in the course of
negotiations with the customer or its representative are hereby overridden
and excluded.
7.6 Where we undertake
repairs or we make replacements in accordance with Clause 7.2, the
repaired or replaced goods will be deemed to have been delivered to the
customer on the date
of
completion of such repair or replacement and our obligations and
liabilities in respect of
such
repaired or replaced goods will be governed by Clause 7.
2999 Circle 75 Parkway,
115