7
Liability
1.5
Except for the warranty set out in clause 1.2 above, all warranties and representations (including
those expressed or implied by law) in respect of the equipment or advice relating to the
equipment provided to you by C-Dax are excluded to the extent permitted by law.
1.6
Notwithstanding anything else in this manual, C-
Dax’s maximum liability to you (in the event that
such liability exists) in respect of any breach of warranty, any matter set out in this manual, or
for defective equipment or advice relating to the equipment provided is limited at C-
Dax’s option
to:
(a)
repairing or replacing the equipment (or part of the equipment); or
(b)
notifying the retailer of the equipment to refund the price for the equipment paid by you.
1.7
Notwithstanding anything else in this manual, in no event will C-Dax be liable, whether in
contract, tort (including negligence) or otherwise:
(a)
where you have altered or modified the equipment, misused or misapplied the equipment,
or the equipment has been subjected to any unusual, excessive or non-recommended use,
service or handling (including as set out in this manual);
(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.
