Regency Alterra Owners & Installation Manual

Regency Alterra Freestanding Wood Fire15WARRANTYwarrantyLimitations of Liability:1. Exclusion of implied termsThe customer may have the benefit of consumer guarantees under the Australian Consumer Law. To the maximumextent permitted by law, all terms, conditions or warranties that would be implied into this Warranty or inconnection with the supply of any goods or services by the supplier under law or statute or custom or internationalconventions are excluded.2. Limitation of liability(a) To the maximum extent permitted by law and subject to clauses 1 and 3, the supplier’s total liability arising outof or in connection with its performance or its obligations pursuant to this Warranty, or arising out of or inconnection with the supply of specific goods or services (including pursuant to or for breach of this Warranty,under statute, in equity or for tort, including negligent acts or omissions) is limited as follows: (i) the supplier shallhave no liability to the customer for any Consequential Loss; (ii) without limiting the effect of clause 2(a)(i), thesupplier’s total aggregate liability for Loss, however arising, shall not exceed the GST exclusive aggregate price paidby the customer to the supplier for the specific goods or services that gave rise to the Loss in question.(b) The limitations and exclusions in this sub-clause do not apply to the extent that any Loss is directly attributableto: (i) the personal injury or death caused by the supplier’s default, breach of this Warranty or negligence; or (ii)fraud by the supplier.(c) Each party must take reasonable steps to mitigate any Loss it suffers or incurs.3. Limitation of liability under Australian Consumer Law Guarantees(a) To the extent that goods supplied by the supplier are not goods of a kind ordinarily acquired for personal,domestic or household use and the customer is deemed to be a consumer for the purposes of section 64A of theAustralian Consumer Law, the customer agrees that the supplier’s liability for a failure to comply with a consumerguarantee that the customer may have a benefit under the Australian Consumer Law (other than a guaranteeunder sections 51 (title), 52 (undisturbed possession) and 53 (undisclosed securities)), is limited to, at the option ofthe supplier, one or more of the following: (i) replacement of the goods or the supply of equivalent goods; (ii) therepair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv)equivalent goods; or (v) the payment of the cost of having the goods repaired.(b) To the extent that services supplied by the supplier are services other than services of a kind ordinarily acquiredfor personal, domestic or household use or consumption, the supplier’s liability for failure to comply with aconsumer guarantee that the customer may have the benefit of is limited to, at the option of the supplier: (i) thesupply of the services again; or (ii) the payment of the cost of having the services supplied again.4. Subject to ChangeThis Limited Warranty is given at the time of sale and purchase of the relevant fireplace product. The terms of thisLimited Warranty may be amended from time to time by FPI in accordance with changes to business practices,consumer laws or other legal requirements. The rights and protections granted under the Limited Warranty arethose in force in relation to a fireplace product at the time and in the place of sale of that product, and only thoseterms will be applicable in respect of that product.5. SeverabilityAny term of this Limited Warranty that is invalid or unenforceable in any jurisdiction is to be read down for thepurposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of beingsevered to the extent of the invalidity or unenforceability, without affecting the remaining provisions of thisLimited Warranty or affecting the validity or enforceability of that provision in any other jurisdiction.6. DefinitionsFor purposes of clauses 1, 2 and 3:(a) Consequential Loss means loss of expected savings, loss of use, loss of opportunity, loss of profit, loss ofrevenue, increased financing costs, loss arising from delay, or any consequential, special or indirect loss or damage,whether or not the possibility or potential extent of the loss or damage was known or foreseeable, and whetherarising from a claim under indemnity, contract, tort (including negligence), statute or otherwise.(b) Loss means any expense, cost or damage of any kind and includes Consequential Loss and a fine or penaltyimposed by a statutory or other authority.Revision Date: December 2016 Regency Wood Products Warranty