warranty
Term
and
Conditions
(h) any modification
of
the Goods have been authorised
in
writing by AMC;
(i) there has been no inadequate or incorrect use, storage, handling or application of the Goods;
U)
there has been no use or operation
of
the Goods outside of the physical, electrical or
environmental specifications
of
the Goods;
(k) there has been no inadequate or incorrect site preperations;
(I
) there has been no inadequate or improper maintenance of the Goods
(m) it has not been caused by fair wear and tear; and
(n) firstly, the Goods have been thoroughly inspected and any damage (from whatever cause) to the
Goods (and
in
particular - the structure, welding, seams, bolts, blades) has been repaired prior
to
the Goods being operated, used, driven or moved and
on
each occassion the Goods are used;
and
(o) there has been no failure to comply with the equirements of
all
present or future laws or
regulations relating
to
the Goods and/or the use and/or operation
of
the Goods
(2) if Goods or any part thereof are not manufactured by AMC, the guarantee
of
the manufacturer
therof shall be accepted by the purchaser and is the only guarantee given to the purchaser
in
respect of the Goods or that part;
(3) AMC shall not be liable for and purchaser releases AMC from any claims
in
respect of faulty or
defective design
of
any Goods supplied unless such design has been wholly prepared by AMC
and the responsibility for any claim has been specifically accepted by AMC
in
writing and
in
any
event AMC's liability hereunder shall be strictly limited to the replacement of defective parts
in
accordance with paragraph 6 (1)
of
these conditions;
(4) except as provided herein, all expressed and implied warranties, guarantees and conditions under
statute or general law as to merchantability, description, quality, suitability or fitness
of
the Goods
for any purpose or as to design, assembly, installation, materials or workmanship or otherwise
are hereby expresslly excluded and AMC shall not be liaible for physical or financial injury, loss or
damage or for consequential loss or damage of any kind arising out
of
the supply, layout,
assembly, installation or operation
of
the Goods or arising out of AMC's negligence or
in
any other
way whatsoeer.
7. AMC's liaibility for a breach
of
a conditi
on
or warranty implied by Div. 2 of Pt. V of the Trade
Practices Act 197 4 (other than S. 69)
is
hereby limited to:
(1)
in
the case of Goods, any one or more of the following:
(a) the replacement of the Goods or the supply of equivalent Goods;
(b) the repair of the Goods;
(c) the payment of the cost of replacing the Goods or
of
acquiring equivalent Goods;
(d) the payment of the cost of having the Goods repaired; or
(2) in the case of services:
(a
) the supplying of the services again; or
(b) the payment
of
the costs
of
having the services supplied again.
8.
AMC's liaibilty under S. 68A and
S.
74H of the Trade Practices Act 1975
is
expressly limited
to
a
liability
to
pay the purchaser
an
amount equal
to:
(1) the cost of replacing Goods;
(2) the cost
of
obtaining equivalent Goods; or
(
3)
the cost of having the Goods repaired, whichever
is
the lowest amount.
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