26
Operators Manual
Quality
•
Reliability
•
Performance
(2) replacement; or, where authorised in
writing by WIA in appropriate cases, (3) the
reasonable cost of repair or replacement
by an authorised WIA service agent; or (4)
payment of or credit for the purchase price
(less reasonable depreciation based upon
actual use) upon return of the goods at
customer’s risk and expense.
WIA’s option of repair or replacement will be
F. O. B. Factory at Melrose Park, Adelaide,
or F. O. B. at a WIA authorised service
facility as determined by WIA. Therefore
no compensation or reimbursement for
transportation costs of any kind will be
allowed.
TO THE EXTENT PERMITTED BY LAW, THE
REMEDIES PROVIDED HEREIN ARE THE SOLE
AND EXCLUSIVE REMEDIES. IN NO EVENT
SHALL WIA BE LIABLE FOR DIRECT, INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING LOSS OF PROFIT),
WHETHER BASED ON CONTRACT, TORT OR
ANY OTHER LEGAL THEORY.
ANY EXPRESS WARRANTY NOT PROVIDED
HEREIN AND ANY IMPLIED WARRANTY,
GUARANTEE OR REPRESENTATION AS TO
PERFORMANCE, AND ANY REMEDY FOR
BREACH OF CONTRACT TORT OR ANY
OTHER
LEGAL THEORY WHICH, BUT FOR THIS
PROVISION, MIGHT ARISE BY IMPLICATION,
OPERATION OF LAW, CUSTOM OF TRADE
OR COURSE OF DEALING, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY
OR FITNESS FOR PARTICULAR PURPOSE,
WITH RESPECT TO ANY AND ALL
EQUIPMENT FURNISHED BY WIA IS
EXCLUDED AND DISCLAIMED BY WIA.
