The warranty document. Nice, light reading.
Purchase Order
Interpretation
1. In these conditions:
(1) ‘Seller’ means Three Amigos Outdoor Gurus Pty Ltd (ACN 119 437 124) of 50 Grand Junction Road, Rosewater, SA, 5013 which is the Seller of the Goods.
(2) ‘Buyer’ means the purchaser of the Goods specified overleaf.
(3) ‘Goods’ means the products and, if any, services specified overleaf.
(4) Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Trade Practices Act 1974) and which by law cannot be excluded, restricted or modified.
General
2. These conditions (which shall only be waived in writing signed by the Seller) shall prevail over all conditions of the Buyer’s order to the extent of any inconsistency.
Terms of sale
3. The Goods and all other products sold by Seller are sold on these terms and conditions.
Limitation of liability consumer sale
4. Subject to clause 7 below and to the extent permitted by the Trade Practices Act and relevant State Legislation, the sole obligation of the Seller under this Agreement is to use its best endeavors to provide the Goods or to repair the Goods or repair or replace (at the Seller’s discretion) any part of the Goods which is found to be defective during the period of guarantee set out in clause 7 and in no event shall the Seller be liable for any other claims or damages including, but not limited to:
4 (1) claims for faulty design, negligent or misleading advice, damages arising from loss or use of the Goods, and any indirect, special or consequential damages or injury to any person, corporation or other entity;
4 (2) if the Goods supplied pursuant to this Purchase Order are supplied to the Buyer as a “consumer” of Goods or services within the meaning of that term in the Trade Practices Act 1974 as amended or similar State Legislation the consumer will have the benefit of certain non-excludable rights and remedies in respect of the Goods or services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right of remedy which pursuant to the Trade Practices Act or similar Legislation is so conferred. However, if the product is a product not ordinarily required for personal, domestic or household use or consumption pursuant to Section 68A of the Trade Practices Act and similar provisions of relevant State Legislation, the Seller limits its liability to payment of an amount equal to the lowest of:
(a) the cost of replacing the Goods;
(b) the cost of repair of the Goods;
(c) the cost of having the Goods repaired or replaced.
4 (3) subject to Clause 4(2)(c) above the Seller is not liable for default or failure in performance of its obligations pursuant to this Agreement resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earth quakes, floods, the elements, strikes, shortage of suitable parts, or any other cause beyond the reasonable control of the Seller including the misuse or misapplication of the Goods by the Buyer;
4 (4) subject to clause 4(2)(c) above, the Seller is not responsible for any loss caused by any error or defect in the Goods or errors or faults caused by the misuse, reckless or negligent use of the Goods or use of the Goods in a manner contrary to their common or intended use having regard to the specifications set out in clause 5 below.
Specifications, etc.
5. The descriptions, illustrations and performances contained in catalogues, price lists and other advertising matter do not form part of the contract of sale of the Goods or of the description applied to the Goods.
Performance
6. Any performance data or information given by the Seller in respect of the Goods are estimates only. The Seller is under no liability for damages for failure of the Goods to attain such figures unless specifically guaranteed in writing. Any such written guarantees are subject to the recognized tolerances applicable to the Goods.
Guarantee
7. (1) The Seller’s liability for Goods manufactured by it is limited to making good any defects by repairing the defects or at the Seller’s option by replacement, within a period not exceeding six (6) calendar months after the Goods have been dispatched so long as:
(a) defects have arisen solely from faulty materials or workmanship;
(b) the Goods have not received maltreatment, inattention or interference;
(c) accessories of any kind used by the Buyer are manufactured by or approved by Seller;
(d) the seals of any kind on the Goods remain unbroken; and
(e) the defective parts are promptly returned free of cost to the Seller.
(2) If the Goods are not manufactured by the Seller the guarantee of the manufacturer of those Goods is accepted by the Buyer and is the only guarantee given to the Buyer in respect of the Goods. The Seller agrees to assign to the Buyer on request made by the Buyer the benefit of any warranty or entitlement to the Goods that the manufacturer has granted to the Seller under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable.
(3) The Seller is not liable for and the Buyer releases the Seller from any claims in respect of faulty or defective design of any Goods supplied unless such design has been wholly prepared by the Seller and the responsibility for any claim has been specifically accepted by the Seller in writing. In any event the Seller’s liability under this paragraph is limited strictly to the replacement of defective parts in accordance with Clause 4 of these conditions.
(4) Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. The Seller is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the Goods by the Buyer or arising out of the Buyer’s negligence or in any way whatsoever.
(5) the Buyer acknowledges and agrees that prior to taking delivery of the Goods it has had an opportunity to inspect the Goods and is satisfied that they are fit for the purpose or purposes for which Goods of that kind are commonly bought.
Prices
8. (1) Unless otherwise stated all prices quoted by the Seller are net, inclusive of Goods and Services Tax (GST).
(2) Prices quoted are those ruling at the date of issue of quotation and are based on rates of freight, insurance, customs duties, exchange, shipping expenses, sorting and stacking charges, cartage, rate of weights, cost of materials and other charges affecting the cost of production ruling on the date is made.
(3) If the Seller makes any alterations to the price of the Goods or to any of their inputs either before acceptance of or during the currency of the contract, these alterations are for the Buyer’s account.
Payment
9. The purchase price in relation to Goods is payable net and payment of the price of the Goods must be made by the Buyer on delivery of the Goods unless other terms of payment are expressly stated in these conditions in writing.
Rights in relation to Goods
10. The Seller reserves the following rights in relation to the Goods until all accounts owed by the Buyer to the Seller are fully paid:
(1) ownership of the Goods;
(2) to enter the Buyer’s premises (or the premises of any associated company or agent where the Goods are located) without liability for trespass or any resulting damage and retake possession of the Goods; and
(3) to keep or resell any Goods repossessed pursuant to (2) above.
If the Goods are resold, or products manufactured using the Goods are sold, by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice price of the Goods sold or used in the manufacture of the Goods sold in a separate identifiable account as the beneficial property of the Seller and shall pay such amount to the Seller upon request. Notwithstanding the provisions above the Seller shall be entitled to maintain an action against the Buyer for the purchase price and the risk of the Goods shall pass to the Buyer upon delivery.
Returned Goods
11. (1) The Seller is not be under any duty to accept Goods returned by the Buyer and will do so only on terms to be agreed in writing in each individual case.
(2) If the Seller agrees to accept returned Goods from the Buyer under para (1) of this clause, the Buyer must return the Goods to the Seller at the Seller’s place of business referred to at the head of these conditions.
Goods sold
12. All Goods to be supplied by the Seller to the Buyer are as described on the purchase order agreed by the Seller and the Buyer and the description on such purchase order modified as so agreed prevails over all other descriptions including any specification or enquiry of the Buyer.
Cancellation
13. No order may be cancelled except with consent in writing and on terms which will indemnify the Seller against all losses.
Place of contract
14. (1) The contract for sale of the Goods is made in the state or territory of Australia from which this document is issued.
(2) The parties submit all disputes arising between them to the courts of such state or territory and any court competent to hear appeals from those courts of first instance.