9
end of the applicable warranty period as
stated in clause 9.3.1 above, but for no
longer period.
9.4 Exclusions from Warranty
9.4.1 No warranty is given under clause 9.3
where any defect, malfunction or failure
is caused or contributed to by any of the
following:
(a) Failure to follow all instructions in
this manual.
(b) modication, repairs or alteration of
the Product carried out by persons
other than authorised Masport
service agents;
(c) acts or omissions by anyone other
than Masport after the Product has
left Masport’s control;
(d) Wear parts that are marked with a
frame on the spare
parts list.
(e) Paint damage that can be attributed
to normal wear and tear
(f) accidental damage, neglect, misuse
of the product;
(g) any event outside of Masport’s
reasonable control, including
without limitation, adverse weather
conditions;
(h) sharpening or setting of blades; or
(i) pre-delivery assembly of the
Product by anyone except for
Masport, Masport authorised
service agents or any other person
authorised by Masport.
(j) Batteries left in a state of discharge
or not regularly maintained as per
instructions.
9.5 Warranty in addition to consumer
protection laws
9.5.1 Despite anything else in this warranty,
nothing in this warranty will exclude,
limit or modify any Consumer Protection
Warranty or any liability of Masport
imposed by applicable law if to do so
would be unlawful or make any part of
this warranty void or voidable.
9.5.2 The Warranty is in addition to any
Consumer Protection Warranty that
may apply, for example, under the New
Zealand Consumer Act or the Australian
Consumer Law, or under the laws of the
place where the Product was purchased.
To the extent permitted by applicable law,
Masport’s liability under any Consumer
Protection Warranty will be limited
(at Masport’s sole option) to Masport
repairing or replacing the relevant
Product or paying for such repair or
replacement.
9.6 No other warranties or liability
9.6.1 Subject to Clause 9.5, Masport
excludes all express or implied
warranties, guarantees, conditions
or terms in relation to the Product. All
statements, technical information and
recommendations about the Product
are believed to be reliable, but do not
constitute a guarantee or warranty.
No statements, representations or
recommendations other than those
contained in the ofcial technical
information published by Masport, will
bind Masport, unless made in writing
signed by an authorised representative of
Masport.
9.6.2 Subject to Clause 9.5, in no event will
Masport be liable (whether in contract,
tort, negligence or in any other way) for:
(a) loss of prots or savings, loss of
goodwill or opportunity, loss of
production or wasted time; or
(b) loss, damage, cost or expense
of any kind whatsoever which is
indirect, consequential, or of a
special nature, arising directly or
indirectly from the Product, even if
Masport had been advised of the
possibility of such damages.
9.6.3 Subject to Clause 9.5, in no event will
Masport’s total liability under any claim
of whatever nature arising directly or
indirectly from the Product exceed the
price you paid for the Product.
9.6.4 This warranty embodies the entire
agreement between you and Masport
in relation to the subject matter of
this warranty and supersedes all prior
understandings, communications and
representations between you and
Masport, whether oral or written. No
amendment to this warranty will be
effective unless in writing and signed
by an authorised representative of
