1. WARRANTY AND DISCLAIMER
1.1 During the Warranty Period CLEAMIX warrants that all new Products will be free from defects in materials
and workmanship and will, under normal use, operate in accordance with CLEAMIX’s published
specifications. As used in this Agreement, “Warranty Period” means the twelve (12) month period
beginning on the date of shipment outside European Union and twenty-four (24) month period within
1.2 The warranty shall cover only:
– the costs of repairing the Product by CLEAMIX or its subcontractor,
– delivering the new Product by CLEAMIX or its subcontractor but not the costs of reinstalling or
– or compensation of its purchase price
– aforesaid according to CLEAMIX´s option and only for warranty claims for which CLEAMIX has
received written notice during the Warranty Period.
1.3 CLEAMIX shall only be responsible for the Products which are not worked, changed or modified without
the written consent of CLEAMIX: all alterations or modifications to the Products relieve CLEAMIX from all
responsibility. CLEAMIX shall not be liable for any loss, costs, expense, claims or damage whatsoever
caused by use or handling of the Product otherwise than in accordance with the instructions of CLEAMIX
and the normal way the Product is used and/or incorrect or careless handling or the Products which are
modified without the written approval of CLEAMIX. CLEAMIX shall make the final determination of
whether an item is covered by warranty service.
1.4 Repair work under warranty is done during normal business hours only by CLEAMIX factory authorized
repair workshops or by CLEAMIX authorized service repairman working according to their standard
1.5 The warranty does not cover parts which normally wear out and need to be regularly replaced such as
vaporizer diffuser mesh.
1.6 EXCEPT AS EXPRESSLY PROVIDED ABOVE, CLEAMIX DOES NOT MAKE ANY WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
2. LIMITATION OF LIABILITY
2.1 IN NO EVENT SHALL CLEAMIX OR ITS SUBCONTRACTORS HAVE ANY LIABILITY, WHETHER AS A RESULT OF
BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND
WHETHER ARISING BEFORE OR AFTER DELIVERY OF THE PRODUCT AND/OR PERFORMANCE OF ANY
SERVICES FURNISHED BY CLEAMIX, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY OR PENAL LOSS OR DAMAGE OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED
DAMAGE TO OR LOSS OF USE OF PLANT OR EQUIPMENT, EXPENSES INVOLVING INTEREST CHARGES OR
COST OF CAPITAL, LOSS OF PROFITS OR REVENUES, business interruption, loss of business information,
COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, any loss arising out of the use of or inability
to use the Products OR CLAIMS OF THE CUSTOMERS’S CUSTOMERS.
2.2 IN NO EVENT SHALL THE LIABILITY OF CLEAMIX AND ITS SUBCONTRACTORS FOR DAMAGES ARISING OUT
OF OR CONNECTED WITH THIS AGREEMENT, OR THE PERFORMANCE OF BREACH THEREOF, OR THE
DESIGN, MANUFACTURE, SALE, RESALE, DELIVERY, INSTALLATION, USE OPERATION, MAINTENANCE, OR
REPAIR OF THE PRODUCTS AND/OR ANY SERVICES PROVIDED BY CLEAMIX, WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE AMOUNT PAID BY THE
CUSTOMER TO CLEAMIX FOR SUCH PRODUCT OR SERVICE.