13.1 Where the Seller has not manufactured the Goods, the Seller will pass on any warranty provided by the manufacturer of the Goods to Customer. To the full extent permissible by law, Seller will be under no liability whatsoever except for the express conditions as detailed in and stipulated in the manufacturer's warranty.
13.2 Subject to clause 13.1 and clause 13.3, where the Seller has manufactured the Goods, the Seller warrants to the Customer that the Goods will be free from defects in materials supplied by Seller for a period of 12 months from the date of delivery (“Warranty Period”), time being of the essence. Seller's obligation under this warranty, and subject approval of the claim by Seller or their duly appointed representatives, Seller may repair or replace the Goods. If a replacement part is supplied, the Warranty Period remains based on the original date of delivery of the Goods to the Customer. This warranty is not transferable.
13.3 The conditions applicable to the warranty given in clause 13.2 are:
(a) The warranty does not cover any defect or damage which may have been caused or partly caused by or arise through:
(i) Failure on the part of the Customer to properly maintain the Goods; or
(ii) Failure by the Customer to follow any instructions or guidelines provided by the Seller; or
(iii) Any use of the Goods otherwise than for any application specified on a quote or order form; or
(iv) The continued use of the Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(v) Fair wear and tear; or
(vi) any accident or act of God; or
(vii) any alteration of the Goods.
(b) The warranty ceases and the Seller is in no circumstances liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Seller's consent.
(c) In respect of all claims the Seller is not liable to compensate the Customer for any delay in either replacing or repairing the workmanship/Goods or in properly assessing the Customer's claim.
(d) To the extent permitted by law, all costs of disposal, re-installation, cartage, freight, kilometre expenses, travel and insurance associated with this warranty are to be paid by the Customer including all costs of Seller in attending to the assessment of the warranty claim where the defect in the Goods is not covered by this warranty.
(e) To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these warranty terms and conditions are excluded and Seller is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for:
(i) any increased costs or expenses;
(ii) any loss of profit, revenue, business, contracts or anticipated savings;
(iii) any loss or expense resulting from a claim by a third party;
(iv) any special, indirect or consequential loss or damage of any nature whatsoever caused by the Seller's failure in complying with its obligations.
13.4 The following statement applies if the supply of the Goods to Customer is a consumer sale as defined in the Australian Consumer Law. In this statement, "our" means "Seller" and "you" means the "Buyer".
"Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure".
13.5 The benefits given to the Customer under this warranty are in addition to other rights and remedies of the Customer under a law in relation to the Goods to which this Warranty applies.