1. NOTWITHSTANDING express provision to the contrary in any clause herein, nothing contained in these Conditions of Sale excludes, restricts or modifies any right, remedy, warranty or condition available to the customer pursuant to the Trade Practices Act 1974 or any similar State Territory law. If necessary clauses or parts thereof shall be read down or clauses or parts thereof severed without affecting in any way the validity of the remaining parts or clauses. Subject to the foregoing the Conditions of Sale are to be construed to the maximum extent permitted by law.
2. THE Company will replace any articles sold by it which, are shown to the Company's satisfaction to have been, at the time of delivery, defective in materials or in manufacture.
3. All conditions and warranties as to the quality of the goods supplied or fitness for any particular purpose, whether express or implied, whether statutory or otherwise and whether oral or in writing, are hereby expressly excluded and negatived but every care will be taken to ensure that goods supplied will conform to the Company's standards or to Specification and will be of good material and workmanship. In no circumstances does the Company accept any liability whatsoever for any consequential loss or damage which may in any way arise out of the goods supplied or any defect in the same.
4. ENZED fittings (which are covered by design registration) are specially manufactured for the attachment only to make and type of the hose specified in our catalogue, use of other than the specified hose or assembly of the hose fittings contrary to the instructions contained in the catalogue might result in an unsatisfactory or even dangerous product, and any warranties express or implied as to the fitness or otherwise are expressly excluded and negatived and all liability is disclaimed.
5. ENZED reserves the right to declare void any warranty claim where the user does not give ENZED the opportunity to have its engineers or representatives inspect the application.
6. THE Company sets out suggestions as to the use, installation and care of our products on the understanding that these suggestions are made only from the Company's wish that the purchaser should get the best results from his purchase, and they do not in any way nullify the conditions of sale.
7. All material remains the property of ENZED Tullamarine until full payment is received.
8. The purchaser undertakes to pay the company on demand all collection costs (including solicitors costs) expended in recovering payment of any monies owing under this contract.
9. Any goods returned will incur a 10% re-stocking fee.