d. the defect is due to normal wear and tear, misuse, sub-standard operator performance, negligence, external causes (crash, irregular power supply, and the like), use of other raw materials than specified, or is caused by force majeure;
e. the defect arises from electromagnetic interference (EMI), radio frequency interference (RFI), lack of electromagnetic compatibility (EMC), lightning, or similar causes;
f. the defect arises as a result of Seller following any drawing, design or specification supplied by Customer.
9.3 Subject to Section 9.2, if Customer gives notice in writing during the warranty period that the Products do not comply with the warranties set out in Article 9, Seller shall at its sole discretion remedy faults falling under the warranty free of charge either i) by repair of the faulty Equipment or Marel Software, whether or not at Customer’s location, or ii) by making replacement Equipment or Marel Software available at Seller’s premises, or iii) refund the price of the defective Equipment or Marel Software in full, or iv) by executing the defect Service again in a workmanlike manner at Customer’s location. If the Equipment or Marel Software has been installed or the Services have been rendered on a vessel then Customer’s location shall be deemed to be the closest harbor to Seller’s premises. If these remedies, after a reasonable number of attempts, do not remedy the defect, Customer may as the sole and exclusive remedy ask for reimbursement of the purchase price paid for the defective part (or the specific piece of Equipment or Marel Software in which the defective part is incorporated if as a consequence of the defect such piece of Equipment or Marel Software cannot be used) or the defective Service, plus an amount of liquidated damages not exceeding 15% (fifteen percent) of the purchase price of the defective part or Service. To the extent permitted by the applicable law all other and/or further costs related to the remedy of Seller as described in section 9.3 (i) - (iv), including but not limited to transportation costs, travel, and accommodation expenses, labor costs, costs of disassembly and re-assembly, and costs to solve problems that are not covered by the warranty, shall be at the expense and risk of Customer.
9.4 SELLER MAKES NO WARRANTIES, EXCEPT AS SET FORTH IN SECTIONS 9.1.1, 9.1.2, AND 9.1.3, AND ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.
Reference: GENERAL TERMS AND CONDITIONS OF SALE APPLIED BY THE MAREL COMPANIES (Version 2.0)