Except for the express written warranty contained herein, NeoTimber makes no other warranties, guarantees or indemnities, whether express or implied, arising by law, course of dealings, usage of trade, customer or otherwise, including but not limited to the implied warranty of merchantability and implied warranty of fitness for a particular purpose, and all such other warranties, guarantees and indemnities are hereby disclaimed, overridden and excluded from this transaction. Limitation of remedies and exclusion of consequential and incidental damages: NeoTimber’s liabilities are limited solely and exclusively to the obligations specifically undertaken herein, and under no circumstances will NeoTimber be liable or obligated for any incidental consequential, indirect, special, punitive or any other damages of any kind whatsoever (including, but not limited to, lost profits, lost sales, loss of goodwill, use of money, use of goods, stoppage of work, or impairment of assets), whether foreseeable or unforeseeable, arising out of the breach of failure of express or implied warranty, breach of contract, fraud, misrepresentation, negligence, strict liability in tort or otherwise, except and only to the extent this limitation is specifically precluded by applicable law of mandatory application. NeoTimber’s liability with respect to defective products shall in no event exceed the replacement of such products or refund of the purchase price, as described above.
This writing is understood and intended to be the final expression of the parties’ agreement and is a complete and exclusive statement of the terms and conditions with respect thereto, superseding all prior agreements or representations, oral or written, and all other communication between the parties relating to the subject matter of this agreement. This warranty may not be altered or amended except in a written instrument signed by Buyrite Enterprises Limited (TA NeoTimber) and the purchaser or permitted transferee. No agent, employee or any other party is authorised to make any warranty in addition to that made in this agreement and Buyrite Enterprises Limited (TA NeoTimber) shall not be bound by any such statements other than those contained in this warranty. This warranty shall only be applicable and enforceable in the United Kingdom. This warranty is effective for purchases made on or after January 1, 2017.