Unless advised otherwise in writing, the warranty period is 12 Calendar months from the date of dispatch by the Company with the exception of gas struts which have a 2 year warranty.
1.1 The company’s liability for goods distributed by it, is limited to making good any defects by repairing the defects or at the Company’s option, by replacement within the warranty period provided that:
(a) the defect(s) in the goods have arisen solely from faulty materials or workmanship
(b) the goods have been fitted in accordance with the manufacturer’s recommendations and have not received misuse, neglect, accident, maltreatment, inattention or interference;
(c) accessories or other products of any kind used by the Customer in relation to the goods are manufactured by or approved by the Company
(d) the goods have not been used for the purpose for which they were not designed;
(e) the goods have not been altered in any way that affects adversely their performance, stability or reliability; and
(f) the defective parts are promptly returned free of cost to the Company.
1.2 The Company agrees to assign to the Customer on request the benefit of any warranty or entitlement to the goods that the manufacturer has granted to the Company under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable. To the maximum extent permitted by law, the Company’s liability under clause 3.1 shall not exceed the value of the manufacturer’s warranty in respect of these goods.
1.2.1 Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability,
description, quality, suitability or fitness of the goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. The Company is not liable for any direct, indirect, incidental or consequential loss or damage of any kind (including but not limited to loss of anticipated profits or benefits resulting from the use of
the goods) arising out of the supply, layout, assembly installation or operation of the goods or arising out of the Company’s negligence or in any way whatsoever, even if the Company has been advised of the possibility of such damages.
1.3 The Company’s liability for a breach of a condition or warranty implied by Div 2 of Part V of the Trade Practices Act (1974) (other than s69) is limited to:
1.3.1 in the case of goods, any one or more of the following:
(a) the replacement of the goods or the supply of equivalent goods; (b) the repair of the goods
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods
(d) the payment of the cost of having the goods repaired; or
1.3.2 In the case of services
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again.
1.4 The Company’s liability under s74H of the Trade Practices Act (1974) (Cth) is expressly limited to a liability to pay to the Customer or to the purchaser an amount equal to:
1.4.1 the cost of replacing the goods
1.4.2 the cost of obtaining equivalent goods; or
1.4.3 the cost of having the goods repaired, whichever is the lowest amount.