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7. Warranties and Liability
7.1 Manufacturer Warranties
The Goods will be subject to the standard manufacturer warranty conditions
(“Warranty”) in respect of the Goods (if any). The manufacturer’s warranty is
found in the device box. Please refer to the Quick Start Guide regarding
DOA/ELF information.
7.2 DOA/ELF
Subject to clause 7.1, we will arrange to replace certain Goods that fails within
a period specified in the Quick Start Guide from the time of purchase, known
as the Dead on Arrival/Early Life Failure (“DOA/ELF”) period. The Quick Start
Guide will set out who to contact in the first instance in these circumstances.
That party may refer you to us instead. If so, you should contact us. If an item of
Goods fails and is not covered by a DOA/ELF period at that time, you will need
to refer to the manufacturer’s Warranty information included with the item.
7.3 Goods Returns
In respect of Goods which you believe to be faulty or defective, either within a
DOA/ELF period or otherwise, you must:
(a) pay for the cost of replacement Goods, if the Goods proves not to be
defective or have been wilfully damaged, misused, neglected, submerged in
liquid or modified or repaired (without our authorisation); and
(b) provide the manufacturer or us or the Distributor (as the case may be)
with any information required by the manufacturer’s Warranty or as set out
in the Quick Start Guide.
7.4 Limitation of Warranty
Your rights under the Warranty will be subject to any conditions expressed
in the Warranty. For example, without limitation, the Warranty may describe
situations in which you will have no rights under the Warranty.
7.5 Other Warranties Excluded
Except as provided under clause 7.1, all other warranties of any kind, either
express or implied, are excluded to the maximum extent permitted by law.
7.6 Implied Warranties
Nothing contained in this clause 7 shall be read or applied so as to exclude,
restrict or modify the application of applicable provisions of Part V of the Trade
Practices Act 1974 (as amended) or any relevant State or Territory statute which
by law cannot be excluded, restricted or modified. To the extent that any such
statute permits us to limit our liabilities to compensate or indemnify you or any
other person for breach of an implied condition or warranty, our respective
liabilities for such breach shall be limited to, at our option:
(a) the replacement of the Goods or the supply of equivalent Goods or
payment of the cost of replacing the Goods or acquiring equivalent Goods;
or
(b) the repair of the Goods or payment of the cost of having the Goods
repaired.
