Table of Contents
Advertisement
(however, we have no obligation to do so). We
will also provide you with all relevant information
associated with obtaining a repair or replacement
of the good (including the costs involved and how
the repair or replacement will be performed).
2.7 If the Principal agrees that the Goods are
defective, they will be replaced or repaired within
a reasonable time.
2.8 You have a duty to mitigate your loss in relation
to a warranty claim. You must notify the Principal
of major failures of the Goods within 3 business
days of you becoming aware of such major failure.
If you fail to notify us within this timeframe,
then we disclaim all liability for consequential or
indirect loss as well as losses of revenue or profits.
2.9
For the avoidance of doubt, it is in the
Principal's sole discretion as to whether or not the
Goods are defective and therefore covered by the
warranty provided in this document. Any invoices
for services or replacement products will not
be paid for by the Principal without prior written
authorisation.
3.
Mandatory Warranties
3.1 The Goods come with guarantees that cannot
be excluded under the Australian Consumer
Law. You are entitled to a replacement or refund
for a major failure and 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.
4. Exclusion of Warranties and Limitation of
Liability
4.1. Except as may be set out in this document
and the Quote, the Principal make no express
warranties or representations in relation to the
Goods or their delivery.
4.2. To the full extent permitted by law, the
Principal:
4.2.1
excludes all implied warranties and
conditions under statute or general law as to
merchantability, description, quality, suitability,
fitness for purpose or otherwise;
www.gentecaustralia.com.au
4.2.2 is not liable for loss of profit, indirect,
consequential or incidental loss, damage or
injury in connection with the Goods;
4.2.3
is not liable for the labour costs
associated with replacing the Goods;
4.2.4
is not be liable for any transport or
freight costs in relation to any warranty claim
and the repair or replacement of the Goods;
4.2.5 limits its liability in connection with
the Goods (however arising, whether in tort,
contract or otherwise) at its option and sole
discretion to:
4.2.5.1 replace the Goods or the supply of its
equivalent;
4.2.5.2 repair the Goods;
4.2.5.3 pay for the cost of replacing the Goods
or acquiring their equivalent; or
4.2.5.4 pay for the cost of having the Goods
repaired.
4.3 The warranties given by the Principal will not
apply in the event of defects, failures or other
matters regarding the goods where due to:
4.3.1 an act, default, omission or representation
made by some other person, excluding Gentec
or its manufacturer (for example, damage
caused by the misuse or mistreatment of the
good by the customer or someone else);
4.3.2 without limitation to (4.3.1) above, a failure
to install the goods in accordance with any
plumbing codes of practice prescribed by
an Australian Federal or State Government
body or organisation (including regulators),
any plumbing codes of practice generally or
any guidelines or instructions issued by the
Principal in relation to the Goods; or
4.3.3 a cause independent of human control
that occurs after the goods left our control.
4.4 Any of the warranties given by the Principal
may be voided by failing to comply with the
directions set out in the various user manuals
or other instructional material provided to You by
19
Advertisement
Table of Contents
