Kiwi Racking will not be liable under this warranty for any liabilities, claims, damages, losses, costs and expenses of any nature including without limitation loss of market, loss of profit, loss of production or for any financial or economic loss including indirect or consequential loss or damage which may be suffered by the Customer or by any third party arising out of or in any way connected with the product or part, including in respect of failure of the Kiwi Racking product or part (both structural and defects in materials and workmanship), breach of statutory duty or by reason of tort (including but not limited to negligence) except as provided below.
Without prejudice to the preceding paragraphs of this warranty the obligations of Kiwi Racking under this warranty will be limited to one of the following at the election of Kiwi Racking:
(i) Repair of the product or part; or
(ii) Delivery and installation of a replacement product or part identical or equivalent to the original product or part.
Any modification, repair or alteration of the product or part by any third party without prior written approval voids the obligations under this warranty.
Notwithstanding any other provision of this warranty, liability arising from, under or in connection with this warranty will be limited to the full replacement value of the product or part supplied to the Customer.
Any dispute regarding the terms or conditions of this warranty shall be resolved by Kiwi Racking, the outcome of any such dispute to be as determined by Kiwi Racking in its absolute discretion.