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The purchaser or user acknowledges that prior to entering any agreement with Kimberley Sandstone Products that the purchaser or user conducted a thorough examination of the product and that purchaser or user satisfied themselves as to the product’s suitability for a particular purpose and no warranty, condition, description or representation in relation to the product is given by Kimberley Sandstone Products, expressly or impliedly by this agreement unless:
(i) The purchaser states in writing the particular purpose for which the product is to be applied; and
(ii) Kimberley Sandstone Products states in writing that it expressly warrants the suitability, quality and fitness of the product for the intended purpose for which the product is to be applied.
(iii) Force Majeure - "No Party shall be liable for any failure to perform its obligations where such failure is as a result of 'Acts of God' (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or [telephone service], and no other Party will have a right to terminate this Agreement in such circumstances."
"Any Party asserting Force Majeure as an excuse shall have the burden of proving that reasonable steps were taken (under the circumstances) to minimize delay or damages caused by forseeable events, that all non-excused obligations were substantially fulfilled, and that the other Party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated."
As with all natural materials variability in colour, texture and composition can be expected. Repeat testing is recommend to confirm suitability of technical specifications.
Please do not hesitate to contact us for any queries about our disclaimer.
Simply CLICK HERE to e-Mail us at
lani@kimberleysandstone.com.au
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