Common use of DEFECTS AND WARRANTY Clause in Contracts

DEFECTS AND WARRANTY. 3.4.1 The Supplier warrants that the Goods: (a) unless otherwise agreed with the Customer, shall be new; (b) are free from liens, charges, encumbrances, mortgages or other defects in title; (c) are prepared or manufactured with due care and skill and using high quality materials, techniques and standards and in accordance with all applicable laws; (d) are fit for the stated purpose or purposes reasonably inferred from this Agreement or the Purchase Order; (e) comply in all material respects with the specifications or product description for the Goods published by the Supplier from time to time or otherwise agreed with the Customer and specified in the Purchase Order. If no specifications have been published or agreed, the Goods shall be of the best quality appropriate for their intended purpose. 3.4.2 The Supplier warrants that the Services shall conform: (a) to the conditions and specifications of the Purchase Order; (b) to all applicable laws and regulations to which the Services are subject; and (c) with any performance standard specified in the Purchase Order (or included in related specifications or drawings agreed with the Customer). 3.4.3 The Supplier warrants that it will comply with any of the Customers policies notified by the Customer to the Supplier from time to time, including without limitation any of the Customer’s privacy or occupational health and safety policies (including drug and alcohol policies). 3.4.4 The warranties noted in this clause 3.6 are in addition to any statutory warranties applicable to the Services and/or Goods. 3.4.5 During the Warranty Period, the Customer may give written notice to the Supplier of any failure or defect in the Services and/or Goods. The Supplier must without delay and at no cost to the Customer: (a) correct any defect in the Services covered by the warranty, by way of re-performance of the Services in a manner acceptable to the Customer; or (b) correct any defect or failure in the Goods covered by the warranty, by way of repair, replacement, modification or other means acceptable to the Customer. 3.4.6 If the Supplier fails to correct any defects and failures, of which it has been notified by the Customer, within the time specified in the notice (which must not be less than two (2) Business Days), the Customer will have the right to rectify the Services and/or Goods itself or have the rectification undertaken by a third party at the Supplier’s cost. 3.4.7 Where the Supplier is not the original equipment manufacturer of the Goods, the Supplier must obtain for the Customer’s benefit such standard warranties, indemnities and rights as those outlined in this Agreement and any Purchase Order and where more are offered, then the Supplier must provide such additional warranties, indemnities and rights to the Customer at no additional cost. 3.4.8 The Goods shall be at the Supplier’s risk until delivery has been accepted by the Customer notwithstanding that payment may have already been made and title passed to the Customer.

DEFECTS AND WARRANTY. 3.4.1 The Supplier warrants that the Goods: (a) unless otherwise agreed with the Customer, shall be new; (b) are free from liens, charges, encumbrances, mortgages or other defects in title; (c) are prepared or manufactured with due care and skill and using high quality materials, techniques and standards and in accordance with all applicable laws; (d) are fit for the stated purpose or purposes reasonably inferred from this Agreement or the Purchase Order; (e) comply in all material respects with the specifications or product description for the Goods published by the Supplier from time to time or otherwise agreed with the Customer and specified in the Purchase Order. If no specifications have been published or agreed, the Goods shall be of the best quality appropriate for their intended purpose. 3.4.2 The Supplier warrants that the Services shall conform: (a) to the conditions and specifications of the Purchase Order; (b) to all applicable laws and regulations to which the Services are subject; and (c) with any performance standard specified in the Purchase Order (or included in related specifications or drawings agreed with the Customer). 3.4.3 The Supplier warrants that it will comply with any of the Customers policies notified by the Customer to the Supplier from time to time, including without limitation any of the Customer’s privacy or occupational health and safety policies (including drug and alcohol policies). 3.4.4 The warranties noted in this clause 3.6 are in addition to any statutory warranties applicable to the Services and/or Goods. 3.4.5 During the Warranty Period, the Customer may give written notice to the Supplier of any failure or defect in the Services and/or Goods. The Supplier must without delay and at no cost to the Customer: (a) correct any defect in the Services covered by the warranty, by way of re-re- performance of the Services in a manner acceptable to the Customer; or (b) correct any defect or failure in the Goods covered by the warranty, by way of repair, replacement, modification or other means acceptable to the Customer. 3.4.6 If the Supplier fails to correct any defects and failures, of which it has been notified by the Customer, within the time specified in the notice (which must not be less than two (2) Business Days), the Customer will have the right to rectify the Services and/or Goods itself or have the rectification undertaken by a third party at the Supplier’s cost. 3.4.7 Where the Supplier is not the original equipment manufacturer of the Goods, the Supplier must obtain for the Customer’s benefit such standard warranties, indemnities and rights as those outlined in this Agreement and any Purchase Order and where more are offered, then the Supplier must provide such additional warranties, indemnities and rights to the Customer at no additional cost. 3.4.8 3.5.8 The Goods shall be at the Supplier’s risk until delivery has been accepted by the Customer notwithstanding that payment may have already been made and title passed to the Customer.

DEFECTS AND WARRANTY. 3.4.1 9.1. The Supplier Company warrants that each product supplied hereunder in accordance with (and only to the Goodsextent of) the warranty documentation enclosed with or attached to the product or otherwise supplied to the Client in connection with the delivery of the product hereunder, subject always to law. 9.2. Subject to the conditions of warranty below, if products are defective, the Company’s liability is limited to either (at the Company’s discretion) replacing the products or repairing the products, or arranging for a third party to replace or repair the products, except where the Client has acquired products as a consumer in which case the Company shall refund the Price if the Client requests. 9.3. Notwithstanding the foregoing, this warranty does not cover defects caused wholly or partly by: (a) unless otherwise agreed with use contrary to the Customer, shall be newspecifications or any manual or instruction guide for the products; (b) are free from liens, charges, encumbrances, mortgages or other defects in titleaccidents; (c) are prepared or manufactured with due care and skill and using high quality materials, techniques and standards and in accordance with all applicable lawsfire; (d) are fit for the stated purpose lightning, hurricane, tornado, cyclone, windstorm, earthquake or purposes reasonably inferred from this Agreement or the Purchase Orderother acts of God; (e) comply in all material respects with harmful chemicals (including harmful cleaning compounds); (f) fumes or vapours; (g) surface deterioration due to air pollution, acid rain or other environmental pollution factor; (h) misuse or abuse; (i) vandalism; (j) airborne stains, mould and mildew accumulation; (k) failure to provide proper maintenance as per the specifications or product description for the Goods published by products; (l) impact of foreign objects; (m) warping or distortion due to exposure to excessive heat sources or exposure to excessive reflective heat sources; and (n) any other causes beyond the Supplier from time to time or otherwise agreed with Company's reasonable control. 9.4. For the Customer and specified in the Purchase Order. If no specifications have been published or agreedpurposes of this warranty provided herein, the Goods shall be conditions of the best quality appropriate for their intended purpose. 3.4.2 The Supplier warrants that the Services shall conformwarranty are: (a) to the conditions and specifications of Client must serve a warranty claim upon the Purchase OrderCompany within the applicable warranty period; (b) the Client must make available for inspection by the Company the products within a reasonable time after the warranty claim is made; (c) the Client is responsible for all costs associated with return of products to all applicable laws the Company for repair or replacement; (d) the Client must pay any travel expenses incurred by the Company in connection with any inspection of the products outside of Brisbane and regulations Sydney metropolitan areas; (e) the Client must show proof of purchase of the products to which the Services are subjectCompany at or prior to the inspection of the products; (f) the Company reserves the sole right to determine whether the products contain any defects covered by the warranty; (g) any tampering of the products (if any) undertaken without the authorisation or permission of the Company shall void the warranty provided herein; (h) this warranty is not transferrable or assignable; and (ci) the products must not have had any of its serial numbers, bar codes or other identification marks removed and must not have been tampered with any performance standard specified in the Purchase Order (anyway shape or included in related specifications or drawings agreed with the Customer)form. 3.4.3 The Supplier warrants 9.5. To the extent permitted by law, the Company shall not be bound by nor be responsible for any term, condition, representation or warranty other than that it will comply with any of the Customers policies notified which is given by the Customer to the Supplier from time to time, including without limitation any of the Customer’s privacy or occupational health and safety policies (including drug and alcohol policies). 3.4.4 The warranties noted in this clause 3.6 are in addition to any statutory warranties applicable to the Services and/or Goods. 3.4.5 During the Warranty Period, the Customer may give written notice to the Supplier of any failure or defect in the Services and/or Goods. The Supplier must without delay and at no cost to the Customer: (a) correct any defect in the Services covered by the warranty, by way of re-performance of the Services in a manner acceptable to the Customer; or (b) correct any defect or failure in the Goods covered by the warranty, by way of repair, replacement, modification or other means acceptable to the Customer. 3.4.6 If the Supplier fails to correct any defects and failures, of which it has been notified by the Customer, within the time specified in the notice (which must not be less than two (2) Business Days), the Customer will have the right to rectify the Services and/or Goods itself or have the rectification undertaken by a third party at the Supplier’s cost. 3.4.7 Where the Supplier is not the original equipment manufacturer of the Goodsproducts or provided herein. 9.6. The Company shall give the Client a copy of the manufacturer’s warranty and product specifications upon request. 9.7. The Client shall inspect the products on delivery and shall within seven (7) days of completion of the delivery (time being of the essence) notify the Company of any alleged defect, shortage in quantity (subject always to clause 5), damage or failure to comply with the Supplier must obtain for description or quote. 9.8. The Client shall allow the Customer’s benefit such standard warrantiesCompany to inspect the products within a reasonable time following delivery if the Client believes the products are defective in any way. 9.9. This warranty only covers products of the Company, indemnities and rights as those outlined in this Agreement and does not cover identical or similar products sourced from any Purchase Order and where more are offered, then the Supplier must provide such additional warranties, indemnities and rights unauthorised third party suppliers. 9.10. The Client may only return products to the Customer at no additional costCompany in the event of a valid warranty claim. 3.4.8 The Goods shall 9.11. Any return of products will not be at the Supplier’s risk until delivery has been accepted by the Customer notwithstanding that payment may have already been made Company without a prior written Goods Return Authority (“GRA”) in the form and title passed containing the details and signatures prescribed by the Company. The GRA must set out the invoice number of the products being returned. 0.00. Xx the extent permitted by law, the Company shall issue a credit note equal to the CustomerPrice of products accepted for return by the Company. The Company shall not be obliged to refund, repair or replace any products to or for the Client. The Client may apply the credit note against any subsequent invoice or invoices (as the case may be) issued by the Company to the Client. This shall be the Client’s only compensation for returned products. 9.13. All products returned to the Company will be subject to a restocking fee equal to 20% of the Price of the products. 9.14. Nothing in this warranty affects any implied conditions, warranties, rights or other entitlements under the Australian Consumer Law or any other legislation which cannot be excluded or limited by agreement. All other warranties are expressly excluded. 9.15. Where this warranty does not apply, it is the sole responsibility of the Client to meet any costs of repair or replacement of the defective products.

DEFECTS AND WARRANTY. 3.4.1 3.6.1 The Supplier warrants that the Goods: (a) unless otherwise agreed with the Customer, shall be new; (b) are free from liens, charges, encumbrances, mortgages or other defects in title; (c) are prepared or manufactured with due care and skill and using high quality materials, techniques and standards and in accordance with all applicable laws; (d) are fit for the stated purpose or purposes reasonably inferred from this Agreement or the Purchase Order; (e) comply in all material respects with the specifications or product description for the Goods published by the Supplier from time to time or otherwise agreed with the Customer and specified in the Purchase Order. If no specifications have been published or agreed, the Goods shall be of the best quality appropriate for their intended purpose. 3.4.2 3.6.2 The Supplier warrants that the Services shall conformshall: (a) be free from defects in design, materials and workmanship and shall be fit for the stated purpose or purposes reasonably inferred from this Agreement or the Purchase Order; (b) conform to the conditions and specifications of the Purchase Order; (bc) conform to all applicable laws and regulations to which the Services are subject; and (cd) be performed in accordance with any performance standard specified in the Purchase Order (or included in related specifications or drawings drawing agreed with the Customer). 3.4.3 3.6.3 The Supplier warrants that it will comply with any of the Customers policies (including drug and alcohol policies) notified by the Customer to the Supplier from time to time, including without limitation any of the Customer’s privacy or occupational health and safety policies (including drug and alcohol policies). 3.4.4 3.6.4 The warranties noted in this clause 3.6 are in addition to any statutory warranties applicable to the Services and/or Goods. 3.4.5 3.6.5 During the Warranty Period, the Customer may give written notice to the Supplier of any failure or defect in the Services and/or Goods. The Supplier must without delay and at no cost to the Customer: (a) correct any defect in the Services covered by the warranty, by way of re-performance of the Services in a manner acceptable to the Customer; or (b) correct any defect or failure in the Goods covered by the warranty, by way of repair, replacement, modification or other means acceptable to the Customer. 3.4.6 3.6.6 If the Supplier fails to correct any defects and failures, of which it has been notified by the Customer, within the time specified in the notice (which must not be less than two (2) Business Days), the Customer will have the right to rectify the Services and/or Goods itself or have the rectification undertaken by a third party at party. All costs so incurred will be a debt due and payable by the Supplier’s costSupplier to the Customer which may be deducted from moneys otherwise owing to the Supplier by the Customer. 3.4.7 3.6.7 Any Services re-performed or rectified and/or any Goods repaired under warranty may be subject to a further full Warranty Period, if required by the Customer, commencing on the date of completion of any such re-performance, rectification or repair. 3.6.8 Where the Supplier is not the original equipment manufacturer of the Goods, the Supplier must obtain for the Customer’s benefit such standard warranties, indemnities and rights as those outlined in this Agreement and any Purchase Order and where more are offered, then the Supplier must provide such additional warranties, indemnities and rights to the Customer at no additional cost. 3.4.8 3.6.9 The Goods shall be at the Supplier’s risk until delivery has been accepted by the Customer notwithstanding that payment may have already been made and title passed to the Customer.