1. The Client’s attention is drawn to Section 63A of the Trade Practices Act (“the Act”) which has the effect of enabling suppliers in respect of contracts for the supply of goods or services (not being goods or services of a kind ordinarily acquired for personal domestic and household use and consumption) to limit their liability in certain circumstances for breach of certain of the conditions and warranties implied by the Act.
2. Subject to the qualifications contained in Section 63A of the Act should the Contractor be liable for breach of a condition or warranty implied by Division 2 of Part V of the Act (not being a condition or warranty implied by Section 69 of the Act), the Contractor’s liability for such breach shall be limited to:
In the case of goods (any one of the following as determined by the Contractor –
(aa) The replacement of the goods or the supply of equivalent goods; or
(bb) The repair of the goods; or
(cc) The payment of the cost of replacing the goods or of acquiring equivalent goods.
(dd) The payment of the cost of having the goods repaired.
In the case of service, any one of the following as determined by the Contractor –
(aa) The supply of the services again; or
(bb) The payment of the cost of having the services supplied again.
3. Some provisions in certain legislation's have the effect of giving the Client certain rights against the Contractor, which cannot be excluded, restricted or modified by agreement between the Client and the Contractor. The provisions of this agreement must therefore be read having regard to such legislation to the extent that it may be applicable and nothing in this agreement shall have the effect of excluding, restricting or modifying such rights.