Retention of Title
a. All products shall remain the property of Gavin Fleet Care until full and effective payment has been effected. The retention of title shall not affect the passing of risk.
a. Purchaser shall give notice to Gavin Fleet Care of any Defect immediately after he discovers or ought to have discovered the Defect. The notice shall specify the nature of the Defect and the ID number or Barcode number on the packaging. In case that these numbers are not available, a Gavin Fleet Care invoice must be used as documentation that the product was purchased from Gavin Fleet Care.
b. In any case, Purchaser shall give Gavin Fleet Care notice of any Defect within 12 Months from the date when Purchaser’s product, in which the product is Installed or is put into operation. If timely notice is not given, Purchaser loses the right to rely on any Defect.
c. Gavin Fleet Care may at its discretion choose either to deliver a substitute Product or to repair any defective Product. Any repair or delivery of a substitute Product will be made at the original agreed place of delivery of the Product.
d. A defective Product, or parts thereof, having been replaced by Gavin Fleet Care shall be made available to Gavin Fleet Care and shall be its sole property.
e. Gavin Fleet Care is not liable for any damage arising out of any use of the Product not in accordance with the conditions of operation provided for in the Contract or any other improper use of the Product.
f. Gavin Fleet Care excludes liability for any damage caused by lack of or faulty maintenance, incorrect installation or faulty repair by Purchaser or by any alteration carried out without Gavin Fleet Care’ written consent. Gavin Fleet Care is not liable for normal wear and tear or deterioration.
g. No representation or warranty is given as to the suitability or fitness of the Product for any purpose, even though that purpose may be known.
Consequential Losses etc.
a. There shall be no liability for either party towards the other party for any punitive, indirect, special, exemplary or consequential damage including, but not limited to, any consequential losses arising out of loss of production, loss of profit, loss of use, loss of earnings, loss of goodwill or loss of contracts.