prescribed term or the Warranty relating to the products or any part of
the products is limited to the options set out in this paragraph 4 above;
(2)
In these conditions you do not have under any circumstances any
cause of action against or right to claim or recover from the seller for, or
in respect of, any loss or damage of any kind whatsoever, caused
directly or indirectly by:
(a) Any defect in material or workmanship of, or any other defect
whatsoever in, or unsuitability for, any purpose of the products or
any part of the products; or
(b) By default or negligence on the part of Westwell or of any
employee, contractor or agent of the seller or of any person for
whom the seller has legal responsibility relating to the supply of,
or otherwise concerning products or any part of the products.
PLEASE note that Westwell will honour all consumer guarantees under the
Australian Consumer Law to the extent it is required to do so by that legislation
5.
Expense of making warranty claim
Subject to your rights under the Australian Consumer Law, if Westwell determines that
the product you have returned does not breach the Warranty and Westwell does not
have a legal obligation to provide you with a remedy in respect of the returned product
(including for breach of a guarantee under the Australian Consumer Law), then:
(a)
Westwell reserves the right to claim all expenses and costs incurred by
Westwell in processing the claim and returning the products; and
(b)
Westwell will have the right to make a claim against you for any monies that
have been paid to you on account of your claim of breach of the Warranty, and
by returning making the claim for breach of Warranty you agree to this proviso.
Subject to your rights under the Australian Consumer Law, where Westwell
determines that your claim under the Warranty is correct and there has been a breach
of the Warranty, then Westwell will determine if it is reasonable to reimburse your
reasonable expenses in making the claim under the Warranty. It will be for Westwell to
determine what is a reasonable expense and you will be required to substantiate that
expense by documentation acceptable to Westwell.
6.
Customer Service - Who we are and how you may contact us
The company which gives the Warranty is
Westwell Australia Pty Ltd ACN106 648 202.
For any Warranty query you can contact Westwell at:
(a)
Customer Helpline: 1800 656 630
(b)
Website:
(c)
E-mail:
Address: Westwell Australia, Suite 1802, Central Square, 323 Castlereagh Street,
Sydney NSW 2000
www.olinlivenow.com.au
41
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