- (a) in the case of First Grade Goods, an amount in excess of 5% of any pack are chipped, broken, damaged or unusable; or
- (b) the Good do not substantially match the Company’s showroom samples or brochures,
then (subject to the operation of any consumer guarantee under the Australian Consumer Law) the:
- (a) Company is not liable unless the Purchaser notifies the Company within 5 Business Days after the date of delivery of the Goods;
- (b) Goods in question should be left at the Site and not laid in order that a representative of the Company can inspect the Goods; and
- (c) liability of the Company is in any case limited as set out in clause G.2 below.
2. To the extent permitted by law, the Company’s liability under any condition or warranty which cannot legally be excluded is limited to:
- (a) the replacement of the Goods;
- (b) the repair of the Goods;
- (c) the payment of the cost of replacing the Goods; or
- (d) the payment of the cost of having the Goods repaired.
3. Where the Purchaser acquires Goods from the Company for the purpose of on-supplying to another person (consumer), the Company shall not be liable for any consequential loss suffered by the Purchaser unless otherwise stated in a contract or agreement. However, to the extent required by the Australian Consumer Law, the Company may be liable for any consequential loss suffered by the consumer.
4. The Company’s warranty does not cover the Purchaser’s costs of making the warranty claim.