21
Warranty
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.
