1. MANUFACTURER GUARANTEES

1.1 Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.

1.2 If you are a consumer, a manufacturer’s guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.

2. OUR WARRANTY FOR THE PRODUCTS

2.1 For Products which do not have a manufacturer’s guarantee, we provide a warranty that on delivery, and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 2.2.

2.2 The warranty in clause 2.1 does not apply to any defect in the Products arising from:

(a) fair wear and tear;

(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

(c) if you fail to operate or use the Products in accordance with the user instructions;

(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or

(e) any specification provided by you.

2.3 If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.

3. OUR LIABILITY IF YOU ARE A BUSINESS This clause 3 only applies if you are a business customer.

3.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.

3.2 Nothing in these Terms limit or exclude our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by the Sale of Goods Act 1979 which cannot be excluded; or

(d) defective products under the Consumer Protection Act 1987; or

(e) any other liabilities which cannot be limited or excluded by law.

3.3 Subject to clause 3.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a) any loss of profits, sales, business, or revenue;

(b) loss or corruption of data, information or software;

(c) loss of business opportunity;

(d) loss of anticipated savings;

(e) loss of goodwill; or

(f) any indirect or consequential loss.

3.4 Subject to clause 3.2 and clause 3.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.

3.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

4. OUR LIABILITY IF YOU ARE A CONSUMER This clause 4 only applies if you are a consumer.

4.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

4.2 We only supply the Products to you for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

4.3 We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the terms implied by the Consumer Rights Act 2015 which cannot be excluded;

(d) defective products under the Consumer Protection Act 1987;

(e) any other liabilities which cannot be limited or excluded by law.

5. LIMITATION OF DAMAGES Except to the extent prohibited by applicable law, Pentaform shall not be liable for any incidental, indirect, special, or consequential damages, including but not limited to the loss of profits, revenue or data, resulting from any breach of express or implied warranty or condition, or under any other legal theory, even if Pentaform has been advised of the possibility of such damages.

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