IF THESE TERMS AND CONDITIONS RELATE TO AN ACQUISITION BY A CONSUMER AS DEFINED IN THE AUSTRALIAN CONSUMER LAW, THEN NOTWITHSTANDING ANYTHING ELSE IN THIS DOCUMENT:
- Our Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
The guarantees with respect to goods generally include:
- The Goods are of acceptable quality
- The Goods are fit for any specified purpose
- The Goods match any description we might have used
- The Goods match any sample demonstration model we may have shown to you
- We can provide good title to the Goods
- We can provide you with undisturbed possession of the Goods
- There are no undisclosed securities on the Goods
The guarantees with respect to services generally include:
- The services will be rendered with due care and skill
- The services will be reasonably fit for the purpose indicated by the purchaser
- The services will be provided within a reasonable time or as otherwise specified
A CAP ON LIABILITY – NO CONSEQUENTIAL LOSS – GOODS
This sale relates to the acquisition of goods other than Goods of a kind ordinarily acquired for personal domestic or household use or consumption, and the Purchaser acknowledges and agrees that liability under the Australian Consumer Law with respect to any breach of the guarantees by John Morris Scientific Pty Limited is limited to liability to one or more of the following:
- The replacement of the Goods or the supply of equivalent goods
- The repair of the Goods
- The payment of the cost of replacing the Goods or acquiring equivalent Goods
- The payment of the cost of having the Goods repaired.
A CAP ON LIABILITY – NO CONSEQUENTIAL LOSS – SERVICES
This sale relates to the acquisition of services other than Services ordinarily acquired for personal domestic or household use or consumption, and the Purchaser acknowledges and agrees that liability under the Australian Consumer Law with respect to any breach of the guarantees by John Morris Scientific Pty Limited is limited to liability to one or more of the following:
- The supplying of the Services again, or
- The payment of the cost of having the Services supplied again
ADDITIONAL WARRANTY - WARRANTY AGAINST DEFECTS
- In addition to the guarantees provided under the Australian Consumer Law, if they apply to this transaction, John Morris Scientific Pty Limited provides a further Warranty Against Defects set out below in accordance with Regulation 90 of the Competition and Consumer Regulations.
- In addition to any rights the Purchaser may have under the Australian Consumer Law and subject to this clause the Company warrants that Goods it supplies (except fragile or consumable goods)will be free from defects in material and workmanship for a period of 12 months from the date of despatch.
DETAILS OF AND LIMITATIONS IN THE SCOPE OF THE ADDITIONAL WARRANTY AGAINST DEFECTS
- This Warranty Against Defects is provided by John Morris Scientific Pty Limited
- The business address for John Morris Scientific Pty Limited is 61 - 63 Victoria Avenue Chatswood NSW 2067 AUSTRALIA;
- The telephone number for John Morris Scientific Pty Limited is 1300 501 555;
- The e-mail address for John Morris Scientific Pty Limited is firstname.lastname@example.org
- You may only claim this warranty in the event that the defect appears within 1 Year of the date it was supplied to the Purchaser from John Morris Scientific Pty Limited;
The procedure to claim under this warranty against defects is as follows:
- Any warranty claim by the Purchaser under this Warranty Against Defects must be in writing, contain full particulars, and be submitted to the Company within 15 days of when the cause of the claim first came to the Purchaser's attention, together with proof of purchase;
- Goods must be held intact by the Purchaser and made available for inspection by the Company;
- The Warranty Against Defects is a “Return-to-Base” warranty and the Goods must be returned to one of the Company’s Service Departments freight prepaid. Should the Purchaser require the Company’s engineer to inspect the Goods at their premises, then the Purchaser agrees to pay the cost of the Company’s engineers travel time and expenses
- The address to which the Goods having a warranty claim must be sent is: John Morris Scientific Pty Limited; 61 - 63 Victoria Avenue Chatswood NSW 2067;
- The expense of claiming the warranty must be borne by the Purchaser;
- The benefits to the Purchaser under this warranty are in addition to the rights and remedies available to the Purchaser under the law.
CONDITIONS ON THE AVAILABILITY OF THIS WARRANTY AGAINST DEFECTS
- This warranty against defects only operates in the event that such Goods are installed by the Company and maintained and operated strictly in accordance with instructions provided by the Principal and/or Company from time to time.
- For the purposes of the Warranty Against Defects, fragile and consumable goods are defined to include but are not limited to electronic tubes and components, illumination sources, items wholly or partly of glass, silica or ceramic material, thermocouples, batteries, or components considered to be consumable/wear components, electrical elements and reconditioned replacement parts, such as exchange circuit boards.
- Subject to any guarantees implied by statute, the decision to repair or replace any parts of the Goods or offer a credit under the Warranty Against Defects will be made by the Company on the basis of which approach will provide the Purchaser with the best service. Refurbished parts may be used to repair the Goods.
- Only the Company or the Company’s authorized representatives are permitted to undertake repairs to Goods under the Warranty Against Defects, any attempt to repair Goods by a non authorized representative of the Company will void any Warranty obligations of the Company under the Warranty Against Defects.
- The Warranty Against Defects includes a warranty with respect to repairs/service carried out by the Company or by the Principal but this warranty is limited to three months from the date of the repair or service, and is applicable to the repair work done and not to any subsequent failure of unrelated parts and/or software.
- Apart from this Warranty Against Defects and the guarantees implied by statute which are incapable of exclusion, restriction or modification, the Company makes no warranties in respect of the Goods or Services provided or anything else.
- In addition to any rights the Purchaser may have under the Australian Consumer Law, where an extended warranty is offered and purchased, the above clauses will apply to this extended warranty period. Where a Principal offers more than 12 months warranty on Goods this Warranty Against Defects is for parts only and does not include any labour component provided by the Company.
EXCLUSIONS & LIMITATIONS ON WARRANTY AGAINST DEFECTS
The Company will not be liable for any defects, damage, fault, or malfunction in the Goods under the Warranty Against Defects which are the result of:
- Normal wear and tear;
- Accidents, improper use, abuse or mismanagement of the Goods by the Purchaser or their associates;
- Operation of the Goods other than in accordance with the operating manual supplied by the Company or its Principals;
- Use of the Goods with parts or reagents which have not been approved by the Company;
- Tampering, modification and/or servicing not authorised by the Company or their agents
- Subjection of the Goods to unusual or un-recommended physical, environmental or electrical stress, exposure to liquid, infiltration of foreign particles or entry by insects or vermin;
- Re-installation or moving of the Goods by a person other than an authorised representative of the Company; or
- The Purchaser/s or their agent/s failure or refusal to install engineering changes or enhancements recommended by the Company; and/or;
- Acts of God or similar causes.
LIABILITY WITH RESPECT TO WARRANTY AGAINST DEFECTS
- The Company will not be liable in contract or in tort under this Warranty Against Defects for any loss or damage suffered and the Purchaser’s rights are limited to those set out in these Terms and Conditions and under statute;
- With respect to this Warranty Against Defects, the Company’s total liability in respect of each event or series of connected events will not exceed the total price paid for the purchase of Goods and/or Services under these Terms and Conditions;
- With respect to this Warranty Against Defects any Service response times stated by the Company in any Service contract are approximate only and the Company will not be liable for any direct or indirect loss or damage arising from its failure to meet such response times.