For a period of 12 months with effect from the date of delivery, the products delivered by the Vendor shall, to the exclusion of any other warranty, enjoy protection against any latent vice or material, design or manufacturing defect affecting the products delivered which renders them unfit for their intended use.
No warranty shall be provided in case of improper use, negligence or lack of maintenance on the part of the Buyer, or in cases of normal wear and tear or force majeure.
In order to exercise its rights, the Buyer shall on pain of forfeiture of any related action, inform the Vendor in writing of the existence of any such vices and provide the necessary supporting documentation within 30 days of the date of their discovery.
The Vendor’s warranty is limited to the simple replacement of the warranted products adjudged to be defective. The Vendor shall not be required to provide any other type of indemnification or compensation, notably but not exclusively compensatory damages.
Limit of liability
The Vendor shall be liable to provide compensation for the pecuniary consequences of losses suffered only when they are both (i) direct and (ii) foreseeable given the nature of the products.
Under no circumstances shall it be held liable for any indirect or unforeseeable loss or damage including notably, but not exclusively, any loss of earnings, loss, inaccuracy or corruption of files or data, commercial damage, loss of sales or profits, loss of clients, loss of opportunity or cost of obtaining a replacement product or technology in relation to or arising from a product or its operation.
In any event, the amount of the Vendor’s pecuniary liability resulting from the use or the level of performance of the product is limited to the reimbursement of the amount of the sums actually paid by the Buyer to the Vendor.