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1.4 C-Dax will at its option repair or replace the defective equipment (or part of the equipment) or
notify the retailer of the equipment to refund the purchase price for such defective equipment
to you in the event of a breach of this warranty, subject to the terms set out below.
Liability
1.5 Except for the warranty set out in clause 1.2 above, all warranties and representations
(including those expressed or implied by law) in respect of the equipment or advice relating to
the equipment provided to you by C-Dax are excluded to the extent permitted by law.
1.6 Notwithstanding anything else in this manual, C-Dax’s maximum liability to you (in the event
that such liability exists) in respect of any breach of warranty, any matter set out in this
manual, or for defective equipment or advice relating to the equipment provided is limited at
C-Dax’s option to:
(a) repairing or replacing the equipment (or part of the equipment); or
(b) notifying the retailer of the equipment to refund the price for the equipment paid by
you.
1.7 Notwithstanding anything else in this manual, in no event will C-Dax be liable, whether in
contract, tort (including negligence) or otherwise:
(a) where you have altered or modified the equipment, misused or misapplied the
equipment, or the equipment has been subjected to any unusual, excessive or non-
recommended use, service or handling (including as set out in this manual);
(b) where the equipment is not transported, stored, handled or used in accordance with any
directions given by C-Dax (or the retailer) to you (including as set out in this manual);
(c) where the equipment:
(i) has been subject to neglect, accident or hireage, or the damage arises from fair
wear and tear, battery damage or chemical attack;
(ii) has been built to a customer’s specifications; or
(iii) has been dismantled, repaired or serviced other than by an authorised service
agent of C-Dax;
(d) for loss or damage caused by any factors beyond C-Dax’s control; or
(e) for any loss of profit or revenue, or for any special, indirect, incidental or consequential
damage, loss or injury of any kind suffered by you.
1.8 Where C-Dax elects to repair or replace the equipment it will use reasonable endeavours to do
so as soon as practicable but will not be liable for any delay in doing so.
1.9 You agree that the transactions entered into between you and the retailer (and C-Dax) are for
the purposes of trade and that, having regard to all relevant circumstances of the transactions,
it is fair and reasonable that the provisions of the Consumer Guarantees Act 1993 (NZ) do not
apply to those transactions to the fullest extent permitted by law.
