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Terms and Conditions Of sale
General Conditions of Sale. continued
12.5 It is hereby expressly recorded and agreed that in the event of a product being proved defective in materials or workmanship, in Metrismart's sole opinion, then Metrismart's total obligation shall be to repair or replace, at its discretion, the defective product.
12.6 Save as provided for above, any and all liability for any claim or claims against
Metrismart, its employees, agents, authorised representative and/or licensors, for
damage to property or persons (to the extent legally permitted) and for direct incidental
or consequential loss or damage of whatsoever nature and however arising, including,
but not limited to, liability for all and any acts, omissions or defaults on the
part of Metrismart, its employees, agents authorised representatives and licensors,
whether such acts, omissions or defaults are non-
12.7 This limitation of liability, as set forth above shall, in addition to all other
circumstances, be of full force and effect even in the event of Metrismart, its employees,
servants, agents, authorised representatives and licensors having been advised of
the possibility of damages arising. This limitation of liability, as set forth above
shall, in addition to all other circumstances, be of full force and effect even in
the event of any acts, omissions or defaults on the part of Metrismart, its employees,
agents, authorised representatives and licensors, whether such acts, omissions or
default are non-
12.8 This warranty replaces all previous warranties and is the only warranty made by Metrismart on its products. No increase or alteration, written or verbal, of the obligation of this warranty is authorised.
12.9 To the extent that any part of this Limited Warranty is held to be unenforceable, the same shall not prejudice the enforceability of any remaining provisions forming part hereof, to the maximum extent practicable.
13. Domicilium and Notices
13.1 Any notices, legal proceedings and the like may be
served by Metrismart at the purchaser's address set forth on the quotation or written
order for the products concerned. Any such notices or proceedings may be served by
hand, prepaid registered post or facsimile transmission.
Notices served:
By hand, shall
be deemed to have been received on the date of delivery.
By prepaid registered post,
shall be deemed to have been received within five days from the date of posting,
and
By facsimile transmission, shall be deemed to have been received within twenty-
14. Jurisdiction
Any claims or proceedings against the purchaser in terms of any order
or these General Conditions of Sale may be brought by Metrismart against the purchaser
in the Durban Magistrate's Court and the purchaser submits to the exclusive jurisdiction
thereof, notwithstanding the amount of the claim 15. cause of action. If for any
reason the said Magistrate's Court is incapable of acting on grounds of lack of jurisdiction,
the purchaser submits to the jurisdiction of the Durban High Court .