Commercial Contract: Warranty Agreement

Commercial Contract
WARRANTY AGREEMENT
Small and Medium Enterprises Development Authority

Ministry of Industries & Production
Government of Pakistan
www.smeda.org.pk
HEAD OFFICE
4th Floor, Building No. 3, Aiwan-e-Iqbal Complex, Egerton Road,
Lahore
Tel: (92 42) 111 111 456, Fax: (92 42) 36304926-7
[email protected]
REGIONAL OFFICE REGIONAL OFFICE REGIONAL OFFICE REGIONAL OFFICE

PUNJAB SINDH KPK BALOCHISTAN
3rd Floor, Building No. 3, 5TH Floor, Bahria Ground Floor Bungalow No. 15-A
Aiwan-e-Iqbal Complex, Complex II, M.T. Khan Road, State Life Building Chaman Housing Scheme
Egerton Road Lahore, Karachi. The Mall, Peshawar. Airport Road, Quetta.
Tel: (042) 111-111-456 Tel: (021) 111-111-456 Tel: (091) 9213046-47 Tel: (081) 831623, 831702
Fax: (042) 36304926-7 Fax: (021) 5610572 Fax: (091) 286908 Fax: (081) 831922
[email protected] [email protected] [email protected] [email protected]
January 2013
Warranty Agreement
Pro-Gole (Right to do Business)
Legal Services, B&SDS
LEGAL SERVICES, SMEDA

The Legal Services (LS) department is a part of Business & Sector Development
Services Division of the Small Medium Enterprises Development Authority and plays
a key role in providing an overall facilitation and support to the small businesses. The
LS believes that information dissemination among the small businesses on the
existing legal & regulatory environment and business to business and business to
client contracting is of paramount importance and plays a pivotal role in their
sustainable development.
In order to facilitate small businesses, the LS, under the Pro-GOLE (Right to do
business) project, a joint SMEDA-UNDP initiative for supporting the small businesses,
has developed user-friendly contract templates.
Pro-GOLE, (Right to do Business)

The UNDP has partnered with the Small and Medium Enterprises Development
Authority to initiate and execute the Pillar 4 (Right to do business) component of the
UNDP PRO-GOLE project which seeks to enhance the legal awareness and mobility of
marginalized/ informal businesses. Under the project legal services outreach shall be
extended to small businesses including home based enterprises, small shopkeepers,
growers, women entrepreneurs, hawking vendors etc. In addition, small business
shall be mobilized to access legal services.
The Need for Commercial Contracts Templates

In an increasingly complex and competitive industry, it is vital that suppliers and
purchasers are fully protected against legal and commercial risks. To counter such
risks, a viable solution; available as- of the shelf commercial contract templates- will
provide the users with first class ready to use support. With obligations properly set
out and liabilities accurately defined, the users will be in a far better position to look
after their rights and interests and move forward from their marginalized positions to
being active players of the economy. The Legal Service Providers can equally take
benefit of these templates for their professional and business development.
Disclaimer
The information contained in this template is meant to facilitate the businesses in
documenting transactions with reference to manufacturing. However, SMEDA, UNDP
or any of their employees or representatives accept no responsibility and
expressively disclaim any and all liabilities for any and all losses/shortfalls caused by
or motivated by recommendations from the information contained within this
document. Although SMEDA’s ambition is to provide accurate and reliable
information; yet, the document is not an alternative to expert legal advice and
should ideally be used in conjunction with the same. Any person using this document
and or benefiting from the information contained herein shall do so at his/her own
risk and costs and be deemed to have accepted this disclaimer.
All information contained in this document may be freely used provided that relevant
acknowledgement is accurately quoted with each usage.
2
Warranty Agreement
B7. WARRANTY AGREEMENT
Subject to the provisions described below, this product by [insert name of

the Business] (hereinafter referred to as the “Manufacturer”) is protected
against defects in material and workmanship for [insert number] years
(hereinafter referred to as the “Warranted Period”).
Should a product fail to perform its functions within the Warranted Period,
the Manufactrer shall replace or repair, in the sole discretion of the
Manufacturer, the product with a similar or functionally equivalent product,
free of charge provided that the Customer:
1. return the failed product to the Manufacturer with shipping charge

prepaid; and
2. provide the Manufacturer with proof of the original date of purchase.
Repaired or replacement products shall be returned to the Customer with

shipping charges prepaid.
The replacement products may be refurbished or contain refurbished

materials. If the Manufacturer, by its sole determination, is unable to repair
or replace the defective product, it will refund the depreciated purchase price
of the product to the Customer.
This warranty does not apply if, in the judgment of the Manufacturer, the
product fails due to damage from shipment, handling, storage, accident,
abuse or misuse, or if it has been used or maintained in a manner not
confirming to product manual instructions, has been modified in any way, or
has had any serial number removed or defaced.
Repair of the Product by anyone other than the Manufacturer, or an approved

agent, shall void this Warranty Agreement.
The maximum liability of the Manufacturer under this Warranty Agreement is

limited to the purchase price of the product covered in the Warranty
Agreement.
Except as specifically provided in this Warranty Agreement or as

required by law, the warranties and remedies stated above are
exclusive and in lieu of all others, oral or written, express or implied,
available to the Customer. Any and all other warranties, including
implied warranties of merchantability, fitness for a particular
3
Warranty Agreement
purpose and non-infringement of third party rights are expressly

excluded. Manufacturer shall not, under any circumstances, be liable
to any person for any special, incidental, indirect, or consequential
damages, including, without limitation, damages resulting from use
or malfunction of the product, loss of profits or revenues, or cost of
replacement goods, even if the Manufacturer has informed the
Customer in advance of the possibility of such damages.

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Commercial Contract

Small and Medium Enterprises Development Authority

REGIONAL OFFICE REGIONAL OFFICE REGIONAL OFFICE REGIONAL OFFICE

LEGAL SERVICES, SMEDA

Pro-GOLE, (Right to do Business)

The Need for Commercial Contracts Templates

B7. WARRANTY AGREEMENT

Subject to the provisions described below, this product by [insert name of

1. return the failed product to the Manufacturer with shipping charge

Repaired or replacement products shall be returned to the Customer with

The replacement products may be refurbished or contain refurbished

Repair of the Product by anyone other than the Manufacturer, or an approved

The maximum liability of the Manufacturer under this Warranty Agreement is

Except as specifically provided in this Warranty Agreement or as

purpose and non-infringement of third party rights are expressly

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