Warranty

Warranty & liability of supplier

(a) Subject to Clause 8(c), the Supplier will not be liable to the Customer for:

(i) losses arising from the delay in the supply of Goods;

(ii) loss or damage to any property as a result of any act of God, including any weather conditions;

(iii) unless otherwise agreed in writing, loss or damage arising from recommendations and suggestions provided to the Customer by the Supplier or its employees, agents and/or contractors;

(iv) loss or damage to any property arising out of any act, omission or negligence of the Customer or its agent or representative;

(v) Loss or damage due to defects in the materials used by the Supplier from third parties; or

(vi) loss or damage due to the Customer’s misuse of any Goods provided by the Supplier.

(b) To the extent permitted by law all warranties, conditions, liabilities or representations in relation to the quality of the Goods (other than any being or giving rise to non-excludable rights under any laws of Australia or its State or Territories) which might otherwise be implied herein by law or otherwise are expressly negatived and excluded.

(c) A Consumer Law may give the Customer certain guarantees. Where liability for breach of any such guarantees can be limited, the Supplier’s liability (if any) arising from any breach of those guarantees is limited to a refund of the Goods provided or the cost to repairing the Goods.

(d) The Customer agrees that to the extent permitted by law:

(i) the Supplier will not be liable for and the Customer releases the Supplier from all liability for any loss of profits, direct, indirect or consequential loss or damage which is or may be sustained by the Customer or any of its employees, officers, agents or contractors arising out of or in connection with the Conditions and the supply of the Goods; and

(ii) the Supplier’s overall liability to the Customer or any of its officers, employees, agents or contractors arising out of or in connection with the Conditions and the supply of the Goods is limited to the value of the Goods supplied.