AMC Explorer 33 Operator's Manual page 5

warranty Term and Conditions
(h) any modification of the Goods have been authorised in writing by AMC ;
(i) there has been no inadequate or incorrect use, storage, handling or application of the Goods;
U) there has been no use or operation of the Goods outside of the physical, electrical or
environmental specifications of the Goods ;
(k) there has been no inadequate or incorrect site preperations;
(I ) there has been no inadequate or improper maintenance of the Goods
(m) it has not been caused by fair wear and tear; and
(n) firstly, the Goods have been thoroughly inspected and any damage (from whatever cause) to the
Goods (and in particular - the structure, welding, seams, bolts, blades) has been repaired prior
to the Goods being operated, used, driven or moved and on each occassion the Goods are used;
and
(o) there has been no failure to comply with the equirements of all present or future laws or
regulations relating to the Goods and/or the use and/or operation of the Goods
(2) if Goods or any part thereof are not manufactured by AMC, the guarantee of the manufacturer
therof shall be accepted by the purchaser and is the only guarantee given to the purchaser in
respect of the Goods or that part;
(3) AMC shall not be liable for and purchaser releases AMC from any claims in respect of faulty or
defective design of any Goods supplied unless such design has been wholly prepared by AMC
and the responsibility for any claim has been specifically accepted by AMC in writing and in any
event AMC's liability hereunder shall be strictly limited to the replacement of defective parts in
accordance with paragraph 6 (1) of these conditions;
(4) except as provided herein, all expressed 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 hereby expresslly excluded and AMC shall not be liaible for physical or financial injury, loss or
damage or for consequential loss or damage of any kind arising out of the supply, layout,
assembly, installation or operation of the Goods or arising out of AMC's negligence or in any other
way whatsoeer.
7. AMC's liaibility for a breach of a condition or warranty implied by Div. 2 of Pt. V of the Trade
Practices Act 197 4 (other than S. 69) is hereby limited to:
(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
(2) in the case of services:
(a) the supplying of the services again; or
(b) the payment of the costs of having the services supplied again .
8. AMC's liaibilty under S. 68A and S. 74H of the Trade Practices Act 1975 is expressly limited to a
liability to pay the purchaser an amount equal to:
(1) the cost of replacing Goods;
(2) the cost of obtaining equivalent Goods; or
(3) the cost of having the Goods repaired, whichever is the lowest amount.
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