So far as it is legally able to do so, Peerless assigns to the Customer the benefit of any warranties, guarantees and conditions given by the manufacturer of the goods, but otherwise gives no warranties, guarantees or conditions in relation to supply and sale of the goods.
Peerless’ liability of the Customer in respect of:
any breach of any conditions or warranties which may be mandatorily implied into the contract virtue of any of the provisions of Division 2 of Part V of the Trade Practices Act (other than those implied by section 69 of the Act) or which may otherwise howsoever be mandatorily included in the contract, or exist collateral thereto, or
any tort committed by Peerless in connection with the sale of the goods or the giving of any information or advise in relation to the goods shall be limited to:
in the case of the goods, any one or more of the following (as Peerless may decide):
- 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 of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired;
in the case of any services provided by Peerless, either of the following (as Peerless may decide);
- the supply of the services again, or
- the payment of having the services supplied again.
Peerless’ liability under section 74H of the Trade Practices Act 1974 is expressly limited to a liability to pay the Customer, whichever is the lowest of the cost of replacing the goods, the cost of obtaining equivalent goods, or the cost of having the goods repaired.Except as provided for in these terms and conditions, all express and implied warranties, guarantees and conditions under statute, general law or trade usage as to merchantability, description, quality, suitability or fitness of the goods for any purpose, or as to design, assembly, installation, materials, workmanship or otherwise are expressly excluded to the maximum extent permitted by law.
Peerless is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the goods or arising out of Peerless’ negligence or in any way whatsoever.