6
(b)
where the equipment is not transported, stored, handled or used in
accordance with any directions given by C-Dax (or the retailer) to you
(including as set out in this manual);
(c)
where the equipment:
(i)
has been subject to neglect, accident or hireage, or the damage
arises from fair wear and tear, battery damage or chemical attack;
(ii)
has been built to a customer’s specifications; or
(iii)
has been dismantled, repaired or serviced other than by an
authorised service agent of C-Dax;
(d)
for loss or damage caused by any factors beyond C-Dax’s control; or
(e)
for any loss of profit or revenue, or for any special, indirect, incidental or
consequential damage, loss or injury of any kind suffered by you.
1.8
Where C-Dax elects to repair or replace the equipment it will use reasonable
endeavours to do so as soon as practicable but will not be liable for any delay
in doing so.
1.9
You agree that the transactions entered into between you and the retailer (and
C-Dax) are for the purposes of trade and that, having regard to all relevant
circumstances of the transactions, it is fair and reasonable that the provisions
of the Consumer Guarantees Act 1993 (NZ) do not apply to those transactions
to the fullest extent permitted by law.