WARRANTY:
1. OzComfile warrants that the Goods are newly manufactured (unless otherwise indicated).
2. OzComfile warrants that at the date of delivery it believes the Goods to be free from defects in materials and workmanship.
3. The Customer may during the Warranty Period notify OzComfile in writing of any defect or suspected defect in the Goods. OzComfile shall, to the
extent necessary, inspect, replace or repair the Goods as soon as practicable after receiving notice from the Customer pursuant to this clause.
4. OzComfile shall not be liable under the preceding clause if the defect is the result of:
4.1 improper use or mismanagement by the Customer;
4.2 operation of the Goods other than in accordance with its authorised use(s) and/or the operating manual relevant to instruction in the use of the Goods;
4.3 use of the Goods in a manner not reasonably contemplated by OzComfile;
4.4 modification of the Goods not authorised by OzComfile;
4.5 use of the Goods in a manner contrary to law;
4.6 the Goods are subjected to unusual or unrecommended physical, environmental or electrical stress;
4.7 use of the Goods by a person other than the Customer and/or its authorised employees;
4.8 the Customer’s failure to comply with any terms of these Conditions;
4.9 the Customer’s failure or refusal to install engineering changes or enhancements recommended by OzComfile; or
4.10 the serial number being removed or defaced.
5. If the Customer provides notice of a defect or suspected defect pursuant to these Conditions and any subsequent inspection by OzComfile reveals no further obligation on the part of OzComfile under these Conditions, the direct and indirect costs and expenses associated with such
inspection shall be borne by the Customer.
