Regency BERWICK, Owners & Installation Manual

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Regency Berwick Fireplace Insert
19
WARRANTY
warranty
Revision Date: November 2016 Regency Wood Products Warranty
Limitations of Liability:
1. Exclusion of implied terms
The customer may have the benefit of consumer guarantees under the Australian Consumer Law. To the maximum
extent permitted by law, all terms, conditions or warranties that would be implied into this Warranty or in
connection with the supply of any goods or services by the supplier under law or statute or custom or international
conventions are excluded.
2. Limitation of liability
(a) To the maximum extent permitted by law and subject to clauses 1 and 3, the supplier’s total liability arising out
of or in connection with its performance or its obligations pursuant to this Warranty, or arising out of or in
connection with the supply of specific goods or services (including pursuant to or for breach of this Warranty,
under statute, in equity or for tort, including negligent acts or omissions) is limited as follows: (i) the supplier shall
have no liability to the customer for any Consequential Loss; (ii) without limiting the effect of clause 2(a)(i), the
supplier’s total aggregate liability for Loss, however arising, shall not exceed the GST exclusive aggregate price paid
by the customer to the supplier for the specific goods or services that gave rise to the Loss in question.
(b) The limitations and exclusions in this sub-clause do not apply to the extent that any Loss is directly attributable
to: (i) the personal injury or death caused by the supplier’s default, breach of this Warranty or negligence; or (ii)
fraud by the supplier.
(c) Each party must take reasonable steps to mitigate any Loss it suffers or incurs.
3. Limitation of liability under Australian Consumer Law Guarantees
(a) To the extent that goods supplied by the supplier are not goods of a kind ordinarily acquired for personal,
domestic or household use and the customer is deemed to be a consumer for the purposes of section 64A of the
Australian Consumer Law, the customer agrees that the supplier’s liability for a failure to comply with a consumer
guarantee that the customer may have a benefit under the Australian Consumer Law (other than a guarantee
under sections 51 (title), 52 (undisturbed possession) and 53 (undisclosed securities)), is limited to, at the option of
the supplier, one or more of the following: (i) replacement of the goods or the supply of equivalent goods; (ii) the
repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv)
equivalent goods; or (v) the payment of the cost of having the goods repaired.
(b) To the extent that services supplied by the supplier are services other than services of a kind ordinarily acquired
for personal, domestic or household use or consumption, the supplier’s liability for failure to comply with a
consumer guarantee that the customer may have the benefit of is limited to, at the option of the supplier: (i) the
supply of the services again; or (ii) the payment of the cost of having the services supplied again.
4. Subject to Change
This Limited Warranty is given at the time of sale and purchase of the relevant fireplace product. The terms of this
Limited Warranty may be amended from time to time by FPI in accordance with changes to business practices,
consumer laws or other legal requirements. The rights and protections granted under the Limited Warranty are
those in force in relation to a fireplace product at the time and in the place of sale of that product, and only those
terms will be applicable in respect of that product.
5. Severability
Any term of this Limited Warranty that is invalid or unenforceable in any jurisdiction is to be read down for the
purposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being
severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this
Limited Warranty or affecting the validity or enforceability of that provision in any other jurisdiction.
6. Definitions
For purposes of clauses 1, 2 and 3:
(a) Consequential Loss means loss of expected savings, loss of use, loss of opportunity, loss of profit, loss of
revenue, increased financing costs, loss arising from delay, or any consequential, special or indirect loss or damage,
whether or not the possibility or potential extent of the loss or damage was known or foreseeable, and whether
arising from a claim under indemnity, contract, tort (including negligence), statute or otherwise.
(b) Loss means any expense, cost or damage of any kind and includes Consequential Loss and a fine or penalty
imposed by a statutory or other authority.