CLAIMS FROM CUSTOMER. 14.1 Subject to clause 14.5, all claims by the Customer relating to failure by the Supplier to comply with an order of the Customer whether due to shortfall, defect, incorrect delivery or otherwise must be made by written notice to the Supplier within seven (7) days of the date of delivery. If the Customer fails to provide such notice within seven (7) days then the Customer shall be deemed to have accepted the Goods and shall not be entitled to make any claim against the Supplier. 14.2 These Terms shall not exclude, or limit the application of any provisions of any statute including any implied condition or warranty the exclusion of which would contravene any statute (including the Australian Consumer Law) or cause any part of this clause to be void or unenforceable. To the extent permitted by law all conditions, warranties and undertakings are expressly excluded. 14.3 Unless the Goods supplied by the Supplier are of a kind ordinarily acquired for domestic household or personal use or consumption, the Supplier’s liability under clause 12.2 for breach of a non-excludable condition or warranty is limited at the Supplier’s option, to any one of the following: a) in the case of Goods: 1) the replacement of the Goods or the supply of equivalent Goods; 2) the repair of the Goods; 3) the payment of the cost of providing replacement Goods or of acquiring equivalent Goods; or 4) the payment of the cost of having the Goods repaired. b) in the case of Goods Hired: 1) the total Hire Charges payable by the Customer to the Supplier at the site at which the claim arose. 14.4 Subject to clause 14.2 the Supplier shall not be liable for any direct or indirect loss whatsoever including consequential loss, loss of profits, loss of opportunity or loss of use. 14.5 The Supplier shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of: a) The Customer failing to properly maintain or store any Goods and/or Hired Goods; b) The Customer using the Goods and/or Hired Goods for any purpose other than that for which they were designed; c) The Customer continuing the use of any the Goods and/or Hired Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user; d) The Customer failing to follow any instructions or guidelines provided by the Supplier; or e) Fair wear and tear, any accident or act of God.
Appears in 2 contracts
CLAIMS FROM CUSTOMER. 14.1 11.1 Subject to clause 14.5clauses 11.2 and 11.3:
a) all warranties, descriptions, representations, guarantees or conditions, whether express or implied by law, trade, custom or otherwise, and all claims by specific conditions, even though such conditions may be known to the Customer relating Supplier, are, to failure by the fullest extent, expressly excluded;
b) the Supplier are not liable for any delay or Loss arising from the supply of or failure to supply the Goods and/or Services or comply with an order of the Customer whether due to shortfall, defect, incorrect delivery or otherwise must be made by written notice to for any reason whatsoever including breach of contract (including fundamental breach), negligence, breach of duty as bailee, or the Supplier within seven (7) days wilful act or default of the date of delivery. If the Customer fails to provide such notice within seven (7) days then the Customer shall be deemed to have accepted the Goods and shall not be entitled to make any claim against the Supplier.;
14.2 11.2 These Terms shall not exclude, or limit the application of any provisions of any statute including any implied condition or warranty the exclusion of which would contravene any statute (including the Australian Competition and Consumer LawAct 2010 (Cth)) or cause any part of this clause 11 to be illegal, invalid, void or unenforceable. To .
11.3 If the exclusion of liability in clause 11.1 is reduced, void or not available, the Supplier’s liability for any Claims arising out of these Terms, including liability for breach of these Terms, in negligence or in tort or for any other common law or statutory action, shall:
a) be limited to the extent permitted the Loss the subject of the Claim was caused directly by law the Supplier; and
b) in all conditionsevents, warranties exclude Loss relating to any delay in supply of Goods and/or Services and undertakings are expressly excludedfor any Consequential Loss.
14.3 11.4 Unless the Goods and/or Services supplied by the Supplier are of a kind ordinarily acquired for domestic household or personal use or consumption, the Supplier’s liability under clause 12.2 11.2 for breach of a non-non- excludable condition or warranty is limited at the Supplier’s option, to any one of the following:
aA) in the case of Goods:
(1) the replacement of the Goods or the supply of equivalent Goods;
(2) the repair of the Goods;
(3) the payment of the cost of providing replacement Goods or of acquiring equivalent Goods; or
(4) the payment of the cost of having the Goods repaired.
bB) in the case of Goods HiredServices:
(1) the total Hire Charges payable by supplying of the Customer to Services again; or
(2) the Supplier at payment of the site at which cost of having the claim aroseServices supplied again.
14.4 Subject to clause 14.2 the Supplier shall not be liable for any direct or indirect loss whatsoever including consequential loss, loss of profits, loss of opportunity or loss of use.
14.5 11.5 The Supplier shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
a) The Customer failing to properly maintain or store any Goods and/or Hired Goods;
b) The Customer using the Goods and/or Hired Goods for any purpose other than that for which they were designed;
c) The Customer continuing the use of any the Goods and/or Hired Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
d) The Customer failing to follow any instructions or guidelines provided by the Supplier; or
e) Fair wear and tear, any accident or act of God.
11.6 Subject to any statutory rights and remedies, all Claims by the Customer must be made by written notice to the Supplier within seven (7) days of the date of delivery. If the Customer fails to provide such notice within seven (7) days then the Customer shall be deemed to have accepted the Goods and/or Services and shall not be entitled to make any Claim against the Supplier.
Appears in 1 contract
Samples: Terms and Conditions
CLAIMS FROM CUSTOMER. 14.1 11.1 Subject to clause 14.5clauses 11.2 and 11.3:
a) all warranties, descriptions, representations, guarantees or conditions, whether express or implied by law, trade, custom or otherwise, and all claims by specific conditions, even though such conditions may be known to the Customer relating Supplier, are, to failure by the fullest extent, expressly excluded;
b) the Supplier are not liable for any delay or Loss arising from the supply of or failure to supply the Goods and/or Services or comply with an order of the Customer whether due to shortfall, defect, incorrect delivery or otherwise must be made by written notice to for any reason whatsoever including breach of contract (including fundamental breach), negligence, breach of duty as bailee, or the Supplier within seven (7) days wilful act or default of the date of delivery. If the Customer fails to provide such notice within seven (7) days then the Customer shall be deemed to have accepted the Goods and shall not be entitled to make any claim against the Supplier.;
14.2 11.2 These Terms shall not exclude, or limit the application of any provisions of any statute including any implied condition or warranty the exclusion of which would contravene any statute (including the Australian Competition and Consumer LawXxx 0000 (Cth)) or cause any part of this clause 11 to be illegal, invalid, void or unenforceable. To .
11.3 If the exclusion of liability in clause 11.1 is reduced, void or not available, the Supplier’s liability for any Claims arising out of these Terms, including liability for breach of these Terms, in negligence or in tort or for any other common law or statutory action, shall:
a) be limited to the extent permitted the Loss the subject of the Claim was caused directly by law the Supplier; and
b) in all conditionsevents, warranties exclude Loss relating to any delay in supply of Goods and/or Services and undertakings are expressly excludedfor any Consequential Loss.
14.3 11.4 Unless the Goods and/or Services supplied by the Supplier are of a kind ordinarily acquired for domestic household or personal use or consumption, the Supplier’s liability under clause 12.2 11.2 for breach of a non-non- excludable condition or warranty is limited at the Supplier’s option, to any one of the following:
aA) in the case of Goods:
(1) the replacement of the Goods or the supply of equivalent Goods;
(2) the repair of the Goods;
(3) the payment of the cost of providing replacement Goods or of acquiring equivalent Goods; or
(4) the payment of the cost of having the Goods repaired.
bB) in the case of Goods HiredServices:
(1) the total Hire Charges payable by supplying of the Customer to Services again; or
(2) the Supplier at payment of the site at which cost of having the claim aroseServices supplied again.
14.4 Subject to clause 14.2 the Supplier shall not be liable for any direct or indirect loss whatsoever including consequential loss, loss of profits, loss of opportunity or loss of use.
14.5 11.5 The Supplier shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
a) The Customer failing to properly maintain or store any Goods and/or Hired Goods;
b) The Customer using the Goods and/or Hired Goods for any purpose other than that for which they were designed;
c) The Customer continuing the use of any the Goods and/or Hired Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
d) The Customer failing to follow any instructions or guidelines provided by the Supplier; or
e) Fair wear and tear, any accident or act of God.
11.6 Subject to any statutory rights and remedies, all Claims by the Customer must be made by written notice to the Supplier within seven (7) days of the date of delivery. If the Customer fails to provide such notice within seven (7) days then the Customer shall be deemed to have accepted the Goods and/or Services and shall not be entitled to make any Claim against the Supplier.
Appears in 1 contract
Samples: Conditions of Sale
CLAIMS FROM CUSTOMER. 14.1 11.1 Subject to clause 14.5clauses 11.2 and 11.3:
a) all warranties, descriptions, representations, guarantees or conditions, whether express or implied by law, trade, custom or otherwise, and all claims by specific conditions, even though such conditions may be known to the Customer relating Supplier, are, to failure by the fullest extent, expressly excluded;
b) the Supplier are not liable for any delay or Loss arising from the supply of or failure to supply the Goods and/or Services or comply with an order of the Customer whether due to shortfall, defect, incorrect delivery or otherwise must be made by written notice to for any reason whatsoever including breach of contract (including fundamental breach), negligence, breach of duty as bailee, or the Supplier within seven (7) days wilful act or default of the date of delivery. If the Customer fails to provide such notice within seven (7) days then the Customer shall be deemed to have accepted the Goods and shall not be entitled to make any claim against the Supplier.;
14.2 11.2 These Terms shall not exclude, or limit the application of any provisions of any statute including any implied condition or warranty the exclusion of which would contravene any statute (including the Australian Competition and Consumer LawAct 2010 (Cth)) or cause any part of this clause 11 to be illegal, invalid, void or unenforceable. To .
11.3 If the exclusion of liability in clause 11.1 is reduced, void or not available, the Supplier’s liability for any Claims arising out of these Terms, including liability for breach of these Terms, in negligence or in tort or for any other common law or statutory action, shall:
a) be limited to the extent permitted the Loss the subject of the Claim was caused directly by law the Supplier; and
b) in all conditionsevents, warranties exclude Loss relating to any delay in supply of Goods and/or Services and undertakings are expressly excludedfor any Consequential Loss.
14.3 11.4 Unless the Goods and/or Services supplied by the Supplier are of a kind ordinarily acquired for domestic household or personal use or consumption, the Supplier’s liability under clause 12.2 11.2 for breach of a non-excludable condition or warranty is limited at the Supplier’s option, to any one of the following:
aA) in the case of Goods:
(1) the replacement of the Goods or the supply of equivalent Goods;
(2) the repair of the Goods;
(3) the payment of the cost of providing replacement Goods or of acquiring equivalent Goods; or
(4) the payment of the cost of having the Goods repaired.
bB) in the case of Goods HiredServices:
(1) the total Hire Charges payable by supplying of the Customer to Services again; or
(2) the Supplier at payment of the site at which cost of having the claim aroseServices supplied again.
14.4 Subject to clause 14.2 the Supplier shall not be liable for any direct or indirect loss whatsoever including consequential loss, loss of profits, loss of opportunity or loss of use.
14.5 11.5 The Supplier shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
a) The Customer failing to properly maintain or store any Goods and/or Hired Goods;
b) The Customer using the Goods and/or Hired Goods for any purpose other than that for which they were designed;
c) The Customer continuing the use of any the Goods and/or Hired Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
d) The Customer failing to follow any instructions or guidelines provided by the Supplier; or
e) Fair wear and tear, any accident or act of God.
11.6 Subject to any statutory rights and remedies, all Claims by the Customer must be made by written notice to the Supplier within seven (7) days of the date of delivery. If the Customer fails to provide such notice within seven (7) days then the Customer shall be deemed to have accepted the Goods and/or Services and shall not be entitled to make any Claim against the Supplier. CONDITIONS OF SALE August, 20 2020
Appears in 1 contract
Samples: Conditions of Sale
