9.1 These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products and the performance of telephone support, warranty services or any other services related to the Products (Services).
9.2 Except where set out in paragraph 9.3 below, there are no warranties, conditions or other terms that are binding on QST Technologies regarding the supply of Products or the provision of Services except as expressly stated in these terms and conditions of sale.
9.3 Any warranty, condition or other term arising out of or in connection with the supply of Products and/or the provision of Services which might otherwise be implied in or incorporated into these terms and conditions of sale by statute, common law, laws applicable in the country where you purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, QST Technologies will not be responsible for ensuring that the Products are suitable for your purposes.
9.4 Nothing in these terms and conditions of sale shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any liability which cannot be excluded by law.
9.5 SUBJECT TO CLAUSE 9.4 QST TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF REPUTATION, LOSS OF GOODWILL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OF SALE OR THE SALE OF ANY PRODUCTS OR SERVICES BY QST TECHNOLOGIES OR THE USE THEREOF WHETHER OR NOT SUCH DAMAGES ARE BASED ON TORT, WARRANTY, CONTRACT OR ANY OTHER LEGAL THEORY – EVEN IF QST TECHNOLOGIES HAS BEEN ADVISED, OR IS AWARE, OF THE POSSIBILITY OF SUCH DAMAGES.
QST TECHNOLOGIES’ AGGREGATE AND CUMULATIVE LIABILITY SHALL NOT EXCEED THE AMOUNT PAYABLE BY YOU TO QST TECHNOLOGIES IN RESPECT OF THE PRODUCT(S) AND/OR SERVICES IN QUESTION.
9.6 Your claim for damages must be brought by you within ninety (90) days of the date of the event giving rise to any such claim, and any lawsuit relative to any such claim must be filed within one (1) year of the date of the claim. Any claims that have been brought or filed not in accordance with the preceding sentence are null and void.
9.7 The limitations and exclusions set forth above in this Section 9 shall apply only to the extent permitted by applicable mandatory law.
9.8 This does not affect your statutory rights as a consumer nor your right to return the Products as per clause 7.