Subject to the liabilities clause in the terms and conditions of sale 2021
Without prejudice to any other provisions in these terms, in any event, our total liability for any one claim, or for the total of all claims arising from any one act of defaults on our part whosoever arising (whether arising from our negligence or otherwise), shall not exceed the purchased price of the goods – the subject matter of any claim.
It is recommended that you test Stop Creak in a discreet area first to conduct surface first. Please see “Product Use” below,
Subject to the liabilities clause in the terms and conditions of sale from 2014 to 2020 of these terms, we shall not be liable by reason of any mis-representation (unless fraudulent) or any breach of warranty condition or any other term expressed or implied or any breach of duty (common law or statutory) or negligence for the damages whatsoever arising from one of our products.
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Many factors beyond Madison Clark Limited control can affect the use and performance of our Stop Creak products in a particular application, including the conditions under which the product is used and the time and environmental conditions in which the product is expected to perform. Since these factors are uniquely within the user’s knowledge and control, it is essential that the user evaluate the Stop Creak product to determine whether it is fit for a particular purpose and suitable for the user’s method of application. Before using, user shall determine the suitability of the product for user’s intended use and user assumes all risk and liability whatsoever in connection therewith the subject matter of any claim.
Warranty/Remedy/Limitation of Liability:
Madison Clark Limited warrants to customer that products will be free of defects in material and manufacture at the time of shipment. Individual products may have additional or different warranties as stated on product packaging, package inserts, literature or in the Stop Creak price pages or Website. Always test the surface first using Stop Creak Products. The warranties and limited remedies set forth on the products or related documents or packaging are included in the purchase price of products. EXCEPT WHERE PROHIBITED BY LAW, SUCH WARRANTIES AND LIMITED REMEDIES ARE MADE IN LIEU OF ALL OTHER RIGHTS, WARRANTIES, CONDITIONS AND REMEDIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, THE IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY OR CONDITION ARISING OUT OF A COURSE OF DEALING, A CUSTOM OR USAGE OF TRADE. Such rights, warranties, conditions and limited remedies may be changed from time to time at Madison Clark Limited election without prior notice.
If you are a consumer, you have certain statutory rights regarding the return of defective goods and claims in respect of losses caused by our negligence or failure to carry out our obligations. These terms shall not affect your statutory rights. Without prejudice to any other provisions in these terms, in any event, our total liability for any one claim, or for the total of all claims arising from any one acts of defaults on our part whosoever arising (whether arising from our negligence or otherwise), shall not exceed the purchased price of the goods – the subject matter of any claim.
Legal: Madison Clark Limited 2021