28
Oricom will not be in breach of a warranty expressly set out in this User
Guide or under the Competition and Consumer Act 2010 and excludes any
liability for damages or any other remedy arising under any other legislation
or the common law if the damage occurs as a result of:
1. failure by you to adhere to the warnings and follow the instructions set
out in this user guide for the proper installation and use of the product;
2. negligence on your part or misuse by you of the product;
3. an uncontrollable external cause which results in the product not
functioning including but not limited to power failure, lightning or over
voltage; and
4. modification to the product or services carried out on the product by
anyone other than Oricom or Oricom’s authorised service provider.
Oricom will not be liable for any damages caused by the product or the
failure of the product to perform, including any lost profits or savings or
special, incidental or consequential damages. Oricom is not liable for any
claim made by a third party or made by you on behalf of a third party. This
limitation of liability applies whether damages are sought, or a claim made,
under this Warranty or as a tort claim (including negligence and strict
product liability), a contract claim or any other claim. However, this limitation
of liability will not apply to claims for personal injury. Nothing in this Warranty
excludes, restricts or modifies any condition, warranty, right or remedy which
pursuant to the Competition and Consumer Act 2010 applies to this Warranty
and which may not be so excluded, restricted or modified. For warranties
that cannot be excluded, restricted or modified, Oricom limits the remedies
available to those specified in the relevant legislation.
Oricom products 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 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.
Warranty
UHF088-UG.indd 28
2012-2-8 15:44:50
