The only warranty provided by Brand Owner with respect to Products sold to Distributor is to replace such quantity of Products proved to be defective, meaning that it does not work. Distributor has one year warranty on the Products commencing when Distributor receives the Products in the Port of clearance, prior to clearance. However, Distributor shall not be entitled to replacement unless:
- Brand Owner is promptly and in writing notified of defects 21 days after the discovery of the defect.
- Brand Owner is provided with an opportunity to inspect Products stated to be defective.
- If such claimed defect is proven, then Brand Owner agrees to replace all defects free of charge Brand Owner shall ship them to Distributor at no costs whatsoever to Distributor with the earliest shipment to the Distributor.
- Brand Owner shall not be liable to Distributor, or to any third party, whether customer or not, for any injury, loss or damage, direct or consequential, whether economic or otherwise, arising out of the use or inability to use Products if the use of inability to use arises from the mishandling and/or miss-storage from or within Distributor’s control and/or trade.
- The foregoing obligations of Brand Owner are in lieu of all warranties and remedies, express or implied, and may not be altered except by an agreement signed by a duly authorized officer of Brand Owner. Distributor shall neither make representations nor exceed warranties with relation to Products beyond those set forth in this Article.
- Brand Owner hereby warrants that for a period of one (1) year following the delivery (or such other period as agreed and specified in the applicable purchase order) the Products under the Agreement shall be free from any defects in workmanship and materials and shall conform to standard ISO9994 2004+A1 2008 LIGHTER – SAFETY SPECIFICATION for cigarette lighters and ISO22702 2003+A 2008 GENERAL CONSUMER – SAFETY REQUIREMENTS for utility lighters or torches, the standard specifications for such ZENGAZ Products in effect at the time of the shipment.