3. RETURNS, REFUNDS AND WARRANTIES
3.1 Subject to the provisions of the contract all and any terms conditions and warranties or representations expressed or implied whether statutory or otherwise collateral or antecedent hereto or otherwise with respect to the merchantability quality condition fitness durability suitability of the goods ordered in any respect (except those expressly contained herein or incorporated herein by reference or otherwise expressly agreed o in writing by the Company) are to the extent that the same may be excluded, hereby expressly negated and excluded.
3.2 The Purchaser shall satisfy itself as to the condition quality and suitability of the goods and the fitness of the goods for the purpose(s) for which the goods are being purchased and as to its compliance with the description (if any) of such goods. Any description shall be by way of identification only and the use of such description shall not constitute this contract sale by description.
3.3 The Company shall not, after delivery of the goods to the Purchaser, be responsible or liable (in the absence of any wilful or negligent act or omission on the part of the Company) for any liability claim loss damage or expense of any kind or nature (including but not limited to loss of profits earnings or income direct indirect consequential contingent or resulting liability loss or damage whether to persons property or otherwise) or death or injury caused by or arising out of or relating in any manner or incidental to the goods or the possession or use thereof by the Purchaser or any third party or in relation to the condition storage supply non supply performance or non-performance inadequacy in or any defect or breakdown of any accident to the goods or any item there in or anything or service provided for or contemplated by or incidental to or arising out of the distribution sale promotion display or advertisement of the goods hereunder. The Purchaser shall and does hereby release and discharge the Company from any liability in respect of any action proceeding demand claim loss damage expense death injury aforesaid.
3.4 In circumstances where the Purchaser is a “consumer” as defined for the purposes of Division 1 in Part 3.2 of Schedule 2 to the Competition and Consumer Act 2010 (Cth) (the Australian Consumer Law) (“the Australian Consumer Law”), these conditions of sale shall not be read or applied so as to purport to exclude restrict or modify or have the effect of excluding restricting modifying the application of the consumer guarantees set out in the Australian Consumer Law. All other conditions or warranties which would or might otherwise be implied and are hereby expressly excluded and negatived.
3.5 If the Purchaser is a “consumer” for the purposes of the Australian Consumer Law, then to the extent permitted under the Australian Consumer Law the Company’s liability for a breach of the consumer guarantees set out in the Australian Consumer Law including any consequential loss which the Purchaser or any third party may sustain or incur shall be limited, at the option of the Company, to:
(i) the replacement or repair of the goods concerned or the supply of equivalent goods; or
(ii) the payment of the cost or replacing or repairing the goods or of acquiring equivalent goods, whichever, may be determined in the absolute discretion of the Company to be appropriate in the circumstances. The Purchaser shall within thirty (30) days of the Purchaser first becoming aware of the facts giving rise to a claim under this provision make written claim to the Company setting out the full particulars of such claim and deliver freight prepaid to the Company the subject good(s) so as to enable the Company to examine the same and satisfy itself as to the subject claim.
3.6 The benefits of any warranty herein contained shall not apply in the case of:
(i) defect(s) due to misuse or neglect.
(ii) goods, which have been altered or added to or otherwise modified without the prior written consent of the Company
(iii) goods repaired or serviced by any person other than the Company or its duly authorised representative.
(iv) goods used for purposes other than those for which they were designed as defined and/or specified in the Manufacturer’s and /or the Company’s catalogues, advertisements, operator’s handbooks, and technical data.
3.8 If the goods are deemed to be non-warranty, the purchaser will be advised of a repair cost and has 14 days to respond. If after 14 days no response has been received the goods will be returned to the purchaser at their cost.