cura1 Disclaimer:

Subject to the limitations set forth in this section, cura1 warrants to distributor, customers or other third parties (hence forth to be known as Distributor) that each part of the products (excluding expendable items) sold by it to Distributor shall be in good working condition and free, under normal use and service, from defects in material and workmanship for a period of one year from the date of delivery of such part by cura1 to carrier.

Except as stated above, cura1 disclaims all warranties, whether express or implied, oral or written, with respect to the products, including without limitation, all implied warranties of merchantability or fitness for any particular purpose. cura1’s liability for damages to Distributor for any cause whatsoever, regardless of the form of any claim or action, shall not exceed the aggregate price paid for products under this agreement. cura1 shall in no event be liable for any loss of data, profits or use of the products, or for any special, incidental or consequential damages arising out of or in connection with the use or performance of the product.

In no event will cura1 be liable to Distributor for any damages, including but not limited to:

1. Damages caused by Distributor’s failure to perform its covenants and responsibilities, by reason of cura1’s negligence or otherwise.
2. Damages caused by improper or defective installations or servicing.
3. Repairs or alterations done without cura1’s written approval.
4. Repairs or alterations done without cura1’s written approval.
5. Supply of products by Distributor for use in, or the use of the products in, any system or configuration not designed to cura1 standards, or any system or configuration for which Distributor or any customer has substituted materials and/or goods not specified by cura1.
6. Damages due to deterioration during periods of storage by Distributor or the customers. Loss of data, profits or use of the products or any special, incidental or consequential damages in connection with the use or performance of the products.

Distributor shall indemnify cura1 against all such claims asserted by customers of Distributor or other third parties as a result of Distributor’s acts or omissions.

Distributor will undertake all possible and necessary actions permitted or required by laws and regulation of the territory to ensure that cura1’s limits of responsibility as set forth above are valid and enforceable against whomever they are applicable. Distributor will immediately inform cura1 as soon as Distributor becomes aware of liability claims by a third party against the products.

Distributor, acting on its own behalf only, shall extend a written warranty at least as favourable to its customers as the warranty extended to it by cura1, in connection with each end user sale of the products.   Distributor shall perform and fulfil all of the terms and conditions of each warranty 

“cura” – latin word meaning “care”

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