11
WARRANTY
1. The Company (Hansa Sailing Systems Pty Ltd) warrants to the Customer that the Goods will
be free from defects in materials and workmanship for a period of twelve months from the date
of delivery to the Customer (the “warranty period”). Provided the Customer makes a full
inspection of the Goods immediately upon receipt and thereafter gives the Company written
notice containing full particulars of any defects it discovers and the circumstances in which
such defects occurred, the Company shall, at its sole option, either repair, replace or give
credit for price of any such Goods which its examination confirms are defective in material or in
workmanship within the warranty period provided that the Customer has adhered to the
payment provisions herein and further provided that:
a). The Customer returns the defective Goods to the Company or its authorised service depot
(as directed by the Company) and pays all transportation charges, duties and taxes associated
with the repair, replacement and return of the Goods to the Customer, or:
b). If, at the Company’s option, the Company arranges for a technician to visit the Customer’s
location to repair or replace the defective Goods, the Customer pays all transportation charges
for the technician and his equipment, including any applicable duties and taxes,
accommodation and living expenses and normal charges for the technician’s time while
travelling and for delays beyond
the Company’s control (save that the Customer shall not be
liable for any charge in respect of the technician’s time on site actually engaged in carrying out
the repair or replacement of such defective Goods).
2. The repair or replacement of defective Goods during the warranty period in accordance with
clause 7.1 shall not extend the period of the warranty of such Goods.
3. The provisions of clause 7.1 do not extend to any Goods which have been subjected to
misuse, accident or improper installation, maintenance, application or operation nor do they
extend to Goods which have been repaired or altered other than by the agents or employees of
the Company unless previously authorised in writing by the Company.
4. The warranty contained in clause 7 is expressly accepted by the Customer in lieu of any and
all other terms, warranties conditions or liabilities whether express or implied, in fact or in law,
relating to the state, quality description, capacity, design, construction, operation, use or
performance of the Goods or to the merchantability, repair, or fitness for a particular purpose of
the Goods or otherwise. No agreement varying or extending the same will be binding upon the
Company unless in writing signed by a director of the Company.
5. Unless a director of the Company shall otherwise expressly agree in writing, in no
circumstances will the Company’s liability to the Customer for any breach of the warranty
contained in clause 7 exceed the price paid for the products with respect to any claim made.
6. Save as expressly provided above, the Company shall have no liability whatsoever to the
Customer for any indirect, special, consequential or incidental loss or damage of any kind
suffered or incurred by the Customer howsoever caused or arising, whether from breach or
non-performance of any of its obligations under the Contract or from the supply, installation,
performance, operations or use of the Goods, except liability for death or personal injury
arising from the Company’s proven negligence.
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