10.1 Orivet Genetic Pet Care warrants that, subject to clause 10.3, Goods and Services provided by Orivet Genetic Pet Care will be free from defects caused by manufacture and/or testing for a period of 12 months from the date an invoice is issued by Orivet Genetic Pet Care. Should any fault occur within that period as the result of such defect, Orivet Genetic Pet Care will make all necessary repairs, retesting or at Orivet Genetic Pet Care sole discretion, replace the Goods or Services at no charge to the Purchaser except for delivery and duties charges.
10.2 To the fullest extent permitted by the Australian Trade Practices Act 1974 and any Victorian legislation relevant to the sale and supply of Goods by Orivet Genetic Pet Care to the Purchaser, in the case of Goods not manufactured by Orivet Genetic Pet Care or Services not provided by Orivet Genetic Pet Care, Orivet Genetic Pet Care warranty in clause 10.1 shall be limited to the warranties implied by law and any further warranty contained in any manufacturer’s or service provider’s warranty for those Goods and Services.
10.3 The warranty contained in clause 10.1 shall not apply in the following circumstances:
- in respect of loss or damage caused by an act of God or any other cause not within Orivet Genetic Pet Care control or otherwise not related to the Goods or Services; and
- the use of parts and/or processes in connection with the Goods and Services other than those supplied or specified by Orivet Genetic Pet Care.
10.4 To the fullest extent permitted by the Australian Trade Practices Act 1974 and any other Victorian legislation relevant to the sale and supply of the Goods and/or Services by Orivet Genetic Pet Care to the Purchaser, Orivet Genetic Pet Care liability for breach of a condition or warranty implied by such Acts, including any incidental or consequential loss which the Purchaser may sustain or incur shall be limited to one of the following, at the sole discretion of Orivet Genetic Pet Care:
- replacement of the Goods;
- repair of the Goods;
- repeat the Service or component of Service found to be defective;
- payment of the cost of replacing the Goods and/or Services or acquiring equivalent Goods and/or Services; or
- payment of the costs of having the Goods repaired or the Services re-performed.
10.5 To the extent permitted at law, Orivet Genetic Pet Care excludes all liability (including all losses, damages, costs and expenses of whatever nature and any indirect and consequential losses, economic losses or any loss of profit, loss of opportunity, loss of savings, loss of interest or otherwise) to the Purchaser regardless of the nature of the claim, whether in contract, negligence (or any other tort), breach of statutory obligation or otherwise arising from your use of the Goods and/or Services.
10.6 Subject to the other provisions of this clause 10 and to the extent permitted by law, Orivet Genetic Pet Care disclaims and will not be accountable for any and all warranties, either express or implied, including but not limited to any warranty regarding performance, the implied warranty of merchantability, fitness for a particular purpose and non-infringement of third party rights with respect to the Goods and Services. This disclaimer shall be read subject to any statutory provision which applies to supply of the Goods and Services to the Purchaser by Orivet Genetic Pet Care and any term condition, warranty and obligation which cannot be excluded or modified except to a limited extent.
10.7 Goods or Services returned under warranty for repair or re-testing will incur a charge, to be fixed by Orivet Genetic Pet Care, if no fault is found.