16 WARRANTY AND LIABILITY
16.1 The Supplier warrants that the Goods are free from defects caused by faulty manufacture or faulty materials. This warranty is for 12 months from delivery of the Goods, or such period
provided in the manufacturer’s warranty documentation accompanying the Goods, whichever is the lesser.
16.2 If the Purchaser makes a valid warranty claim, the Supplier will, at its option, either repair the Goods, supply replacement Goods or reimburse the Purchaser for the Price. The Supplier shall
not be liable for defects arising from fair wear and tear or misuse of the Goods.
16.3 The Purchaser is liable for the transport or other cost of sending warranty claim Goods to the Supplier, and for Hills Holdings Limited - Standard Terms December 2011 collection of repaired or
replacement Goods.
16.4 The Supplier does not exclude or limit the application of any provision of any applicable statute, legislation or other regulation (including the Competition and Consumer Act 2010 (Cth) and its
Schedules and Regulations) where to do so would contravene that statute, legislation or regulation or cause any part of these Terms to be void and nothing in these Terms is to be interpreted as doing
so.
16.5 Subject always to clause 16.4,to the extent permitted by law, all warranties, conditions, obligations and liabilities, other than those specified in these Terms, are excluded by the Supplier,
including for the avoidance of doubt all conditions, warranties, guarantees and terms implied by statute, general law, international convention or custom, except any implied term, condition,
guarantee or warranty the exclusion of which would contravene any statute or cause this clause to be void (Non-excludable Condition).
16.6 To the fullest extent permitted by law, the Supplier’s liability to the Applicant for breach of any Non-excludable Condition which is applicable is limited to any one of the following, at the
Supplier’s option:
a) in the case of goods (including the Goods) - replacement of the goods or the supply of equivalent goods, repair of the goods, payment of the cost of replacing the goods or acquiring
equivalent goods, or payment of the costs of having the goods repaired; and
b) in the case of services - the supply of the services again or payment of the cost of having the services supplied again.
16.7 Notwithstanding anything else in these Terms, Supplier shall not be liable in any circumstances for any consequential, indirect, special, incidental, or exemplary damages even if such
damages are foreseeable, and even if advised of the likelihood of such damages occurring.
17 DELAY - FORCE MAJEURE
Supplier shall not be liable for any loss sustained by Purchaser through delay in delivering the Goods caused by circumstances outside of the reasonable control of Supplier (“force majeure”).
18 TERMINATION
18.1 Supplier may immediately on notice in writing to Purchaser terminate all outstanding obligations to supply Goods, and/or suspend Purchaser’s credit facility, if Purchaser:
a) breaches any of these Terms or the terms and conditions relating to Purchaser’s credit application
b) commits an act of bankruptcy or makes an arrangement with all or any number of its creditors, or has a receiver or liquidator appointed.
18.2 Upon termination provided by paragraph 18.1:
a) Supplier may enforce its rights under these Terms, without prejudice to any other rights it may have.
b) All other obligations upon the Purchaser shall remain.
19 WAIVER
The failure by either party to exercise or enforce any right shall not be deemed to be a waiver of any such right.
20 GOVERNING LAW
These terms and conditions shall in all respects be governed by and constructed and interpreted in accordance with the laws of the jurisdiction in which the Supplier has its principal place of business,
and the parties agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
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