Warranties and Refunds
Subject to the following provisions of this clause, we warrant that the Products will be of satisfactory quality. The aforementioned warranty is given by Vcool subject to the following condition save that it is acknowledged that your statutory rights are not affected:
Vcool shall be under no liability to the customer for any loss, damage, costs, expenses or other claims in respect of: (a) any defect arising from wilful damage, negligence, failure to follow instructions for the use of the Products (whether oral or in writing); (b) misuse or alteration of the Products without our approval; (c) arising from any Customer Material supplied by you which is incomplete, inaccurate, illegible, out of sequence or in the wrong form, or any other fault of the Customer.
Vcool products should meet or exceed your expectations. However, in the event that you are dissatisfied with your order, the Products delivered to you are incomplete or you have received incorrect Products, we shall have no liability to you unless you notify Vcool of the problem AS SOON AS IS REASONABLY POSSIBLE of the Products in question.
If you notify a problem to us under the above clause or we have committed a breach of the warranty our only obligation will be (to be determined at your option and subject always to your statutory rights):
We may offer you an alternate Product free of charge within 60 days of notification provided that that the original Product is returned to us in accordance with our returns policy.
We will arrange with you for the Products to be returned to us in accordance with our returns policy, and we shall refund the price paid.
Liability
Nothing in these Terms will limit our liability for death or personal injury resulting from our negligence or that of our employees or agents. If you are a consumer (within the meaning of the Unfair Contract Terms Act 1977) the content of these Terms will not affect your statutory rights. If you are not a consumer then subject as provided in the warranty clause, all other warranties, conditions or other terms, whether implied by statute common law or otherwise, are excluded to the fullest extent permitted by law.
Where Vcool provides any information in relation to the Products supplied to it by a third party, Vcool does not give any warranty, guarantee as to its accuracy or otherwise and shall have no liability to the Customer for any losses arising as a result thereof.
In the event that we are unable or fail to deliver the Products ordered within any time period specified, we will use reasonable endeavours to contact you in order to re-schedule the delivery time.
We will not be in breach of contract as a result of any Force Majeure Event.
IN ANY EVENT, THE LIABILITY OF Vcool FOR ANY BREACH OR THE AGGREGATE LIABILITY FOR ANY SERIES OF BREACHES UNDER OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE VALUE OF THE RELEVANT ORDER PLACED BY YOU FROM TIME TO TIME.
Vcool shall have no liability for loss of profit or for any indirect, special or consequential loss of damage, costs, expenses or other claims for compensation whatsoever arising out of or in connection with the supply or non-supply of the Products (including any delay in supplying the Products) or their use or resale by you. The entire liability of Vcool arising out of any order for Products from you will be limited to the total price of the Products ordered by you.
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