- Wades Warranty
The Seller does not exclude or limit application of any provision of any statute (including the Trade Practices Act ) where to do so would contravene that statute or cause any part of this clause to be void.
The Seller excludes all liability to the Buyer in negligence for acts or omissions of the Seller, its employees, agents and contractors and all liability to the Buyer in contract for consequential or indirect loss or damages, arising out of or in connection with this Agreement.
The Buyer expressly acknowledges and agrees that it has not relied upon, any advice given by a Seller, its agents or employees in relation to the suitability for any purpose of goods or materials supplied by a Seller.
To the extent permitted by statute, all warranties (whether express or implied, and whether given by the Seller, the manufacturer or a third party) and any obligation of the Seller to repair or replace any goods are void in respect of any goods which the Buyer tampers with or alters.
(a) All implied guarantees, warranties and conditions are excluded to the maximum extent permitted by law.
(b) To the maximum extent permitted by law, the Company is not liable for:
(i) any loss or damage to the Goods resulting from any action or omission on the part of the Company, or the employees, contractors or agents of the Company; or
(ii) any special, consequential, direct or indirect loss and damage incurred by the Customer.
(c) The Customer shall examine the Goods after delivery and immediately in form the Company of any alleged defect in the Goods. To the maximum extent permitted by law, the Company shall have no liability to the Customer for any defect that visual examination would ordinarily reveal unless the Company receives written notification within two (2) business days from the date of delivery.
(d) If a defect exists in the Goods and that defect occurred before delivery, the Company will repair or replace those Goods free of charge upon the Customer returning the defective Goods.
(e) To the maximum extent permitted by law, Clause9(d)constitutes the Customer's sole remedy in the respect of the supply of defective Goods.
(f) Where the Customer buys the Goods as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.
(g) In the event of a breach of an implied guarantee, condition or warranty which cannot by law be excluded or modified, including any guarantee, condition or warranty implied by the Competition and Consumer Act 2010, the Company's liability shall at the Company's option be limited to:
(i) the repair or replacement of the Goods or the supply of equivalent Goods; or
(ii) the cost of such repair, replacement or supply.
(h) Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Competition and Consumer Act 2010 (“CCA”) or the Fair Trading Acts (“FTA”) in each of the States or Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.
(i) The Company shall not be responsible for damage or fault in performance arising out of incorrect or inappropriate operation of the Goods by the Customer. The Customer acknowledges that the Company gives no warranty as to fitness of the Goods for its intended application of the Customer and that the Customer has relied entirely upon its own evaluation thereof.
(j) The Customer warrants that it has not relied upon any representations made by the Company which has not been stated expressly in this agreement or upon descriptions or illustrations or specifications contained in any document including any catalogues or publicity material supplied by the Company.
(k) To the extent that the Goods or any component part thereof is supplied to the Company by a third party the warranty offered by the Company in relation to the Goods or the component part thereof (as applicable) shall be limited to the Company’s right of redress if any against the third party supplier arising out of any alleged fault/defect in the Goods or component part thereof.
(l) All Goods sold by Wades Distributors carrying a warranty period are subject to the manufacturer’s terms and conditions of warranty