|CMC TECHNOLOGIES PTY LIMITED
Unit 19,77 Bourke Road ,
Tel: +61 2 9669 4000
Fax: +61 2 9669 4111
| WARRANTY & LIMITATION OF LIABILITY:
(a) CMC warrants to the Purchaser that the Goods supplied shall be free from defects in workmanship and materials. Any defect must be reported in writing to CMC as soon as the defect becomes apparent. The liability of CMC for a breach of this warranty shall be limited to:
(i) the replacement of Goods; or
(ii) the supply of equivalent Goods; or
(iii) the payment of the costs of replacing the Goods or of acquiring equivalent Goods; or
(iv) the payment of the cost of having the Goods repaired; at the option of CMC.
(b) CMC assigns to the Purchaser the benefit of any or all warranties furnished by the manufacturer of the Goods. A copy of the manufacturer’s warranty is available on request. Any claims made by the Purchaser against the manufacturer must be made within the manufacturer’s warranty period.
(c) In no event shall CMC or the manufacturer or supplier be liable to the Purchaser or the ultimate user or to any other person or entity for any consequential loss or damage incurred by such party, relating to the installation, use, repair or replacement of the Goods supplied by CMC.
(d) The warranty given by CMC or by CMC’s manufacturer or supplier is dependent upon the Goods being used in accordance with the manufacturer’s installation and operating instructions and the Purchaser operating under the process conditions directed by the manufacturer or CMC.
(e) The Purchaser agrees to indemnify and keep CMC indemnified against all losses and expenses that CMC may suffer or may be liable for in the event of the failure of the Purchaser to comply with its obligations as to the usage of the Goods as provided for in the manufacturer’s and/or CMC’s directions and this Contract.
(f) In the event of any inconsistency between these provisions and any State or Federal legislation including the provisions of the Trade Practices Act, such State or Federal legislation and the Trade Practices Act shall prevail to the extent of such inconsistency.
(g) No performance guarantees apply to the contract unless otherwise agreed in writing by CMC. The Purchaser is responsible to evaluate if the Goods are fit for the purpose stated by the Purchaser.
(h) CMC and its suppliers are not consultants and the cost of the Goods does not include engineering design for the Goods. It is the Purchaser’s responsibility to provide engineering design specifications to CMC at the cost of the Purchaser.
(i) It is also the Purchaser’s responsibility to obtain independent certification for the Goods and check that any preliminary calculations made in relation to the Goods and/or the design of the Goods to be supplied by CMC are correct.
(j) CMC and its manufacturer and/or supplier warrant that the materials used in the equipment sold to the Purchaser are mechanically suitable for the use proposed by the Purchaser and that the correct grade and specification of materials in the equipment will be used to fulfil the Purchaser’s order. No warranty is given by CMC or its manufacturer that the materials used in the manufacture of the equipment are suitable for the Purchaser’s process conditions and it is the responsibility of the Purchaser to confirm compatibility of those materials with the Purchaser’s process conditions.