WARRANTIES AND LIABILITY

1. Cloud Appliances does not manufacture the Products and, where the Products comprise software, does not publish, license, or own such software. Subject to the provisions of this Clause 1, Cloud Appliances supplies the Products solely with the benefit of the applicable manufacturer’s or vendor’s warranty. Any such warranties are provided by the Vendor either on a pass-through basis via Cloud Appliances or directly by the Vendor to the end user.

2.1 Cloud Appliances shall be liable for defective Products only to the extent that it is entitled to make, and successfully makes, a corresponding claim against the Vendor under the Vendor’s Dead on Arrival (DOA), warranty, or defective goods policy and has actually received from the Vendor a refund, credit, repair, or replacement in respect of the defective Products. All defective Products must be returned and processed strictly in accordance with the Vendor’s applicable warranty and returns procedures and the instructions set out in Clause 4. Cloud Appliances shall have no obligation to accept the return of, or issue any credit for, Products which do not comply with such procedures.

2.2 Cloud Appliances shall have no liability for any defect, failure, or non-conformity of the Products arising from:

• fair wear and tear;
• wilful damage or negligence;
• abnormal storage, installation, or operating conditions;
• failure to follow instructions provided by Cloud Appliances, the Vendor, or the publisher (whether oral or written);
• misuse, modification, or unauthorised alteration; or
• repair or maintenance carried out without the prior written consent of Cloud Appliances.

2.3 Cloud Appliances shall have no liability under this Clause where payment for the Products has not been made in full in accordance with the agreed payment terms.

3. Subject to Clause 4 and to the fullest extent permitted by law, all warranties, representations, conditions, and other terms implied by statute, common law, or otherwise (including, without limitation, any implied terms under the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 as to satisfactory quality, fitness for purpose, or correspondence with description) are excluded from this Agreement.

4. Nothing in this Agreement shall exclude or restrict any liability of Cloud Appliances which cannot be excluded or limited under applicable law, including liability:

• for death or personal injury caused by its negligence;
• for fraud or fraudulent misrepresentation; or
• as to title to the Products under section 12 of the Sale of Goods Act 1979.