CONDITIONS OF SALE
11. PERFORMANCE - Any figures given for performance, specified weights, measurements, power capacities and other particulars of goods (performance particulars) are provided in good faith. Panoto Radiator Machinery Inc. shall not be liable to the purchaser or any other person in any way for any failure to comply with any performance particular unless: (a) Panoto Radiator Machinery Inc. specifically and expressly guarantee in writing that goods shall comply with that performance particular within certain specified margins and (b) the goods fail to meet that performance particular within those specified margins, provided always that Panoto Radiator Machinery Inc. shall be first given reasonable time to remedy the failure to comply with the relevant performance particular and shall have no other liability if it so remedies that failure within such reasonable time.
12. TOOLS AND DESIGNS - All tools and/or dies specifically designed and/or manufactured and separately charged to the purchaser by Panoto Radiator Machinery Inc. in connection with the supply of goods shall be the property of the purchaser. Any experimental work carried out at the request of the purchaser will be considered an order and charged for. Any tools or dies designed and/or manufactured by Panoto Radiator Machinery Inc. and not separately charged to the purchaser (including, without limitation, the supply shall remain our property and Panoto Radiator Machinery Inc. shall have the right to re-use these as seen fit, without any liability to the purchaser. Any designs, specifications, drawings, data, information and attachments comprising any quotation or pertaining to any quotation (quotation materials) are copyright and contain confidential and commercially sensitive information. The quotation materials may only be used for the purpose of evaluating or ordering the goods and services of Panoto Radiator Machinery Inc. and for no other purpose. Neither the whole of the quotation materials nor any part of them may be reproduced or disclosed to any person without the prior written consent of Panoto Radiator Machinery Inc..
13. PURCHASER RESPONSIBILITY - The purchaser is responsible to (and acknowledges and agrees that Panoto Radiator Machinery Inc. shall have no responsibility or liability to: (a) ensure that the designs and specifications for goods or services submitted by the purchaser to Panoto Radiator Machinery Inc. are correct and accurate and (b) satisfy itself that any products made to these designs and specifications will meet its requirements and are fit for the purpose for which they are intended.
14. INDIRECT LOSS - Panoto Radiator Machinery Inc. shall not be liable in any way for any indirect, consequential, special, punitive, exemplary or incidental loss or damage of any kind howsoever arising (whether in contract, tort or otherwise).