MDC XT17HRT 2022, Owner'S Manual

Page: 76 / 112

www.marketdirect.com.au
I
Ph: 1300 494 494
I
©Copyright
I P a g e | 74
We shall not be liable, (in part or whole) for any warranties, either express or implied, made by
agents or resellers unless we give an express written agreement to be bound by such a warranty,
and such liability shall be strictly limited to the extent of that written agreement. Such
unauthorised claims shall be the responsibility of the agent or reseller only.
2. REMEDIES AND LIMITATION OF LIABILITY
a) Except as otherwise required by law, your remedy if we accept a warranty claim will be limited to
our choice between repair works with our chosen repairer, replacement goods, or a refund, as we
reasonably consider appropriate to rectify the basis of the claim.
b) If we accept a warranty claim arising from a major failure, or for which we cannot provide a
remedy in a reasonable time, then you may be entitled to a refund for that product. You will not
be entitled to a refund or a replacement if the product has become damaged while within your
care, unless that damage is limited to fair wear and tear and damage caused by a defect and not
contributed to by your actions or neglect.
c) You agree that, to the greatest extent permitted by law, we shall not be liable for consequential
or special damages of any kind, including aggravated, punitive, or exemplary damages. Without
limiting the generality of this clause, you agree that our liability shall be limited in all cases to the
amount you paid for the products underlying a claim.
3. ITEMS NOT COVERED UNDER THIS WARRANTY
This Warranty does not cover damage of the following kinds or to the following products or parts of products:
a) Rust
b) Wheels and Tyres
c) Paint
d) Travel Covers and Straps
e) General consumables (eg bearings, light bulbs etc)
f) Zips and mesh or screens.
While these items are not covered under this Warranty, they may be covered by other warranties you have in
respect of the product. This Warranty expressly applies to Tents for the general 12 Month term, including our
canvas components, poles, and fittings. The Warranty for tents is subject to the same limitations as other parts of
the caravan.
4. FACTORY SECONDS, EX-DEMONSTRATION AND DAMAGED GOODS
a) From time to time, we may offer for sale items marked as “factory seconds”, “ex-demonstration”,
or “damaged”. This Warranty does not apply to any goods sold under these markings.
b) If other warranties apply to goods sold while marked as “factory seconds”, “ex-demonstration”, or
“damaged”, then those warranties will apply the standard for a product with those markings,
which will be a lower standard than that for a product sold as new. If you purchase a product with
these markings, you acknowledge that the reduced price for the product reflects that some
claims will not be available which would have been for a product marked as new.
c) Any items sold as “factory seconds”, “ex-demonstration” or “damaged” items are sold on an “as
is” basis. Due to the nature of such items, i.e being “ex-demonstration”, “factory seconds” or
“damaged”, it is reasonable to expect that some imperfections or flaws may exist even where it is
not initially apparent. While we will notify you of any defects or damage to such goods of which
we are aware, you purchase the goods on notice that we may not be aware of all such defects
and damage, and that the price you pay for the goods includes a discount to allow for the risk of
you discovering further defects or damage.
d) We do not make any representations as to the quality or fitness of any goods sold on these
bases, and it is a term of the contract for the purchase of any such goods that the customer has
made their own enquiries and inspections and relies exclusively upon those enquiries and
inspections in deciding to make that purchase.
5. GOODS BOUGHT AT AUCTION