The Company agrees and acknowledges that the Customer is entitled to all rights and remedies in respect of the Good s which the Customer has under the Trade Practices Act and similar State and Territory laws and which cannot be lawfully excluded, restricted or modified. These terms and conditions do not purport to, and do not have the effec t of , excludin g, restricting or modifying the exercise of any such right or remedy or the liability of the Compan y in respect of any such right or remedy.
10.1 The Company warrants that all Goods manufactured or supplied by it will be free of defects in workmanship and materials for a period of 12 months from the date of commissioning but not exceeding eighteen (18) months from the date of Invoice to the Customer provided that the Good s are installed according to the requirements of AS/NZS3000:2007 Australian/New Zealand wiring rules. Th e Custome r does not have any rights or remedies in respect of the Goods other than the rights and remedies expressly provided for in these terms and conditions or agreed and acknowledged by the Company in these terms and conditions.
10.2 Subject always to Clauses 10.1 and 10.4;
(a) all conditions, warranties and guarantees other thun those expressly provided fo r in these terms and conditions or agreed and acknowledged by the Company in these terms and conditions are excluded to the fallest extent permitted by law; and
(b) the Compan y will not be liable to the Customer for any loss caused (in whole or in part) by or arising out of any use of the Goods or any defect resulting from :
(i) normal wear and tear or accident;
(ii) misuse or other unsuitable or unauthorised use of the Goods or negligence or error in storing, maintaining or handling the Goods or equipment with or on which it operates. Referenc e will be made to appropriate standards issued by the Standards Association of Australia and by the Company in determining the suitability of any use made of the Goods;
(iii) incorrect installation or assembly of or failure to service the Goods or to otherwise follow the Company' s service instructions including permitting repairs, installation, assembly or service by personnel not approved by the Company or replacements of parts not manufactured or supplied by the Company.
(iv) modifications or changes to the Goods without the Company' s prior written authorisation; or
(v) any other unauthorised act or fault by the Customer or a third party.
10.4 Where the Customer is a consumer under the Trade Practices Act or similar State and Territory laws and Goods supplied or services provided to the Customer are not of a kind ordinarily ac quired for personal, domestic or household use or consumption, then unless the Customer establishes that reliance on this provision would not be fair and reasonable, the liability for a breach of a condition or warranty implied into these terms and conditions by the Trade Practices Act or by any similar State or Territory laws (other than a condition implied by section 69 of the Trade Practices Act or by the equivalent provisions of any similar State or Territory laws) is limited to any one of the following as determined by the Company:
(a) in the case of Goods supplied;
(i) the replacement of the Goods or the supply of equivalent Goods;
(ii) the repair of the Goods;
(iii) the payment of the cost of replacement of the Goods or of acquiring equivalent Goods; or
(iv) for the payment of the cost of having the Goods repaired.
(b) in the case of services provided:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
10.5 The Customer acknowledges that neither the Company nor any person purporting to act on its behalf has made any representation or given any promise or undertaking which is not expressly set out in the Order or these terms and conditions whether as to the fitness of the Goods for any particular purpose or any other matter.
11. SPECIFICATIONS AND INFORMATION
Where the Company is not the manufacturer, the Company relies on the specifications and warranties supplied by the manufacturer.