All sales are final.
If any other warranty is imposed upon UBP by applicable law, that warranty shall be limited to the minimum period of time mandated by law.
The sole and exclusive remedy for breach of any warranty hereunder shall be limited, at UBP’s election, to replacement (in the form originally delivered) of the Goods, or repayment or credit of the Price for the Goods.
UBP’s warranty obligations shall be conditioned on all the following being met: (i) Buyer notifies UBP in writing within two (2) business days after Buyer actually or constructively knows of the Goods’ defect or non-conformity and that such notification is received by UBP no lather than 10 (ten) days following the delivery of the Goods to the Buyer; (ii) upon request by UBP, UPB representative are given reasonable access to the Goods to proceed with an investigation and examination of the Goods; (iii) upon request by UBP, the Goods (or part thereof) are returned to UBP no later than ten (10) days following such request and securely packaged to reach UBP without damage; (iv) Buyer has remitted full payment of all monies due to UBP and is not in breach of the Contract; and (v) UBP’s examination of the Goods discloses that the alleged defect or non-conformity has not been caused by, without limitation, misuse or negligence in use, storage, transportation or handling by the Buyer or any of its representative and transportation agents. The Buyer may not return the Goods to UBP unless such return has been approved or requested by UPB.
If the goods show apparent sign of damages or non-conformity upon arrival at Buyer’s destination, Buyer shall nonetheless unload the Goods at destination and than proceed with the process described in the paragraph above.
Failure to comply with the foregoing shall be an absolute and unconditional waiver of the limited warrant provided hereunder and Buyer’s claim of non-conformance or defect.
UBP’s liability to Buyer shall not, under any circumstances, include incidental, indirect, exemplary, consequential or punitive damages, or damages for loss of profit or revenues. UBP’s total liability for any claim relating to the Contract, or to any Goods provided by UBP, shall not, under any circumstances, exceed the Price paid by Buyer for the Goods. UBP shall not be held responsible for any issues resulting from an event of Force Majeure.