Warranty
Term
and
Conditions
Australian Mower Company Manufacturing P/L goods described are only available for purchase
upon the warranty terms and conditions set out below.
Interpretation
1.
In
these warranty terms and conditions:
(1)
"AMC"
means Australian Mower Company Manufacturing P/L A.C.N. 064 650
746of105
Stawell
Road, Horsham, which
is
the seller of the Goods;
(2) "Purchaser" means the purchaser
of
the Goods;
(3) "Goods" means the products and, if any, services sold or provided;
(4) nothing
in
these warranty terms and conditions shall
be
read or applied so as to exclude,
restrict or modify or have the effect of excluding, restricting or modifying any condition,
warranty, guarantee, right or remedy implied by law (including the Trade Practices Act 1974)
and which by law cannot
be
excluded, resticted or modified.
General
2. These warranty terms and conditions (which shall only be waived
in
writing signed by
AMC) shall prevail over
all
terms and conditions of the purchaser to the extent
of
any
inconsistency.
Warranty Terms
3.
The warranty relating to the goods and all other products sold and, if any, services sold or
provided by AMC are contained
in
these warranty terms and conditions.
Specifications, etc: Catalogues, etc: Quantities
4.
All
specifications, (without limitiing the generality
of
same -including: drawings, particulars of
weights, volumes, capacities, dimensions, load factors) are approximate only and any deviation
shall not
be
taken to violiate any contract with AMC or form grounds for any claim against AMC.
The descriptions, illustrations and performances contained
in
catalogues, price lists and any other
advertising matter do not form part of the contract of sale of Goods. Where specifications,
drawings or other particulars are supplied by purchaser, AMC's price
is
made
on
estimates of
quantities required. Should there
be
any adjustments
in
quantities above or below the quantities
estimated by AMC and set out
in
a quotation, then any such increase shall
be
adjusted
on
a unit
rate basis according to unit prices set out herein.
Performance, Capacities, application, application methods, environmental effects
5.
Any performance, volumes, and/or capacity figures given by AMC are estimates only.
AMC shall be under no liability for damages or failure to attain such figures unless
specifically guaranteed
in
writing and any such written guarantee shall be subject to the
recognised tolerances applicable to such figures. The suitability for any application and
the application methods and the environmental effects shall be the sole decision and
responsibilty
of
the purchaser and the user
of
the Goods. AMC gives no warranty as to the
suitability for any application, nor the suitability of the Goods for any application, nor the
application methods, nor the environmental effects which may result from the use of
Goods. AMC shall be under no liaibility for damges arising out of the use of any Goods,
nor for any application, nor for the application methods, nor for the environmental effects
which may result from the use of the Goods.
Limit of liability
6.
(1) AMC's liability for Goods manufactured by
it,
is
limited to making good any defects by
repairing the same or at AMC's option by replacement, within a period not exceeding twelve
calender months after the Goods have been dispatched provided that:
(a) the defects have arisen solely from faulty materials or workmanship;
(b) the Goods have not received maltreatment, inattention or interference;
(c) accessories
of
any kind used by the purchaser are manufactured by or approved by AMC;
(d) the seals of any kind
on
the Goods remain unbroken;
(e) there has been no improper adjustment, calibration or operation;
(f) the use
of
accessories including consumables, hardware or software (not manufactured by
AMC) has been approved
in
writing by AMC;
(g)
no
contamination or leakages have been caused or induced;
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