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6.5 Limitation of Liability
This clause does not apply to New Zealand consumers.
Subject to your rights and remedies under applicable Consumer Protection Laws which cannot be excluded (see Section 3 above),
NetComm accepts no liability or responsibility, for consequences arising from the use of this product. NetComm reserves the right to
change the specifications and operating details of this product without notice.
If any law implies a guarantee, condition or warranty in respect of goods or services supplied, and NetComm's liability for breach of that
condition or warranty may not be excluded but may be limited, then subject to your rights and remedies under any applicable Consumer
Protection Laws which cannot be excluded, NetComm's liability for any breach of that guarantee, condition or warranty is limited to: (i)
in the case of a supply of goods, NetComm doing any one or more of the following: replacing the goods or supplying equivalent goods;
repairing the goods; paying the cost of replacing the goods or of acquiring equivalent goods; or paying the cost of having the goods
repaired; or (ii) in the case of a supply of services, NetComm doing either or both of the following: supplying the services again; or paying
the cost of having the services supplied again.
To the extent NetComm is unable to limit its liability as set out above, NetComm limits its liability to the extent such liability is lawfully able
to be limited.
Return Authority Warranty Terms and Conditions – 2 Year Warranty
All NetComm products have a standard two (2) year warranty from date of purchase (Product Warranty). For all Product Warranty claims
you will require your proof of purchase.
1� Consumer Protection Laws
Australian and New Zealand consumer law in certain circumstances implies mandatory guarantees, conditions and warranties which
cannot be excluded by NetComm and legislation of another country's Government may have a similar effect (together these are the
Consumer Protection Laws). Any warranty or representation provided by NetComm is in addition to, and not in replacement of, your
rights under such Consumer Protection Laws.
If you purchased our goods in Australia and you are a consumer, you are entitled to a replacement or refund for a major failure and for
compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the
goods fail to be of acceptable quality and the failure does not amount to a major failure. If you purchased our goods in New Zealand and
are a consumer you will also be entitled to similar statutory guarantees.
2� Conditions and exclusions:
Subject to your rights and remedies under applicable Consumer Protection Laws which cannot be excluded (see Section 1 above), the
Product Warranty is granted on the following conditions:
(a) The Product Warranty extends to the original purchaser (you / the customer) and is not transferable;
(b) T he Product Warranty shall not apply to software programs, batteries, power supplies, cables or other accessories supplied in or with
the product;
(c) T he customer complies with all of the terms of any relevant agreement with NetComm and any other reasonable requirements of
NetComm including producing such evidence of purchase as NetComm may require;
(d) The cost of transporting product to and from NetComm's nominated premises is your responsibility;
(e) N etComm does not have any liability or responsibility under this Product Warranty where any cost, loss, injury or damage of any
kind, whether direct, indirect, consequential, incidental or otherwise arises out of events beyond NetComm's reasonable control.
This includes but is not limited to: acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, electricity outages,
lightning, power surges, or shortages of materials or labour; and
(f) T he customer is responsible for the security of their computer and network at all times. Security features may be disabled within the
factory default settings. NetComm recommends that you enable these features to enhance your security. Further, and subject to
your rights and remedies under applicable Consumer Protection Laws which cannot be excluded (see Section 1 above), the Product
Warranty is automatically voided if:
(a) You, or someone else, use the product, or attempt to use it, other than as specified by NetComm;
(b) T he fault or defect in your product is the result of a voltage surge subjected to the product either by the way of power supply or
communication line, whether caused by thunderstorm activity or any other cause(s);
(c) The fault is the result of accidental damage or damage in transit, including but not limited to liquid spillage;
(d) Y our product has been used for any purposes other than that for which it is sold, or in any way other than in strict accordance
with the user manual supplied;
(e) Y our product has been repaired or modified or attempted to be repaired or modified, other than by a qualified person at a service
centre authorised by NetComm; or
(f) The serial number has been defaced or altered in any way or if the serial number plate has been removed.
3G38W-V User Guide
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www.netcomm.com.au
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