Geographe

The warranties set out herein are except as otherwise provided by State or Federal Law, the only warranties which apply in respect of goods supplied by the Company.

13.1 Warranty: New Products

If within a period of twelve months from the date of delivery to the Purchaser or 1,000 hours from commencement of service whichever is the sooner, any new product sold by the Company is found to be defective in materials or workmanship or does not conform to any applicable drawings and specification approved by the Company the Company will at its option either repair or provide a replacement part or product provided that:

(a) the Purchaser has given written notice to the Company of any alleged defect within the warranty period specified above and
(b) the Purchaser has provided the Company a reasonable opportunity to perform all appropriate test thereon and
(c) the defective part is promptly returned free to a designated Company service centre. Any defective part replaced will become the Company property and the repaired or new part will be delivered free to the Purchaser's site.

13.2 Warranty: Repaired Products

On repaired products, the warranty shall be six months or 500 hours from commencement of service whichever is the sooner, and otherwise the same as new products except that it shall only apply to parts repaired or replaced by the Company. No separate warranty shall apply to repaired products as a whole or to parts not repaired or replaced by the Company.

13.3 Warranty Exceptions

The warranties given by the Company herein to the extent permitted by State and Federal Law, do not cover:

a) Failures not reported to the Company within the warranty period specified herein.
b) Failures or damage due to mis-application, abuse, improper installation or abnormal conditions of operation.
c) Failure due to operation, whether intentional or otherwise, above or below rated capacities or in an otherwise improper manner.
d) Products damaged in shipment or without the fault of the Company.

13.4 Performance

Except as otherwise provided by State or Federal Law no warranty shall apply as to fitness of purpose, or operation performance where such performance is conditional on Empirical factors or on the whole installation or on the individual or overall operation or on the skills of an operator. When suitability, performance, size, number or capacity of a product (and if applicable, ancillary attachments whether supplied by the Company or not) is recommended, quoted or selected by the Company to perform a duty either specified by the Purchaser or estimated by the Company, such recommendation, quotation or selection shall be based on the Company's best experience, but liability for failure to perform the specified or estimated duty will not be accepted by the Company.

13.5 Warranty: Purchased Equipment

The Company does not warrant any equipment of other manufacturers which is designated by the buyer or purchased by the Company for resale to the Purchaser either separately or as part of equipment manufactured by the Company. For such equipment, the warranty established by the manufacturer of the equipment will apply.

13.6 Warranty: Supply Of Services

When the Company acts for and is remunerated by the Purchaser, to whom the Company's relationship is that of a supplier of services relating to laboratory testing, process development, equipment selection, design, detail, contract supervision and contract management the Company shall exercise its best skill, competence and experience to undertake such services but except as otherwise provided by State and Federal law makes no warranty with respect to such services.

13.7 Warranty: Limit Of Liability

Except as otherwise provided by State or Federal law the Company gives no warranty other than that contained herein, in connection with the sale or use of its products or services, the Company's liability on its warranty shall in no event exceed the cost of correcting defects in the product or services supplied and shall not include:

a) Expense incurred by the Purchaser in an attempt to repair or rework any allegedly defective Product or service.
Losses, costs, expenses, liabilities and damages (including loss of profits, all liabilities of the Purchaser to its customers or third persons, and all other consequential damages) whether direct or indirect, and whether or not resulting from or contributed to by the default or negligence of the Company, it's agents, employees and subcontractors, which might be claimed as the result of the use of failure of the product sold or the services supplied.

geographe