between you and Oricom regarding the product.
No change to the conditions of this Warranty is
valid unless it is made in writing and signed by an
authorised representative of Oricom.
Oricom will not be in breach of a warranty expressly
set out in this User Guide or under the Competition
and Consumer Act 2010 and excludes any liability
for damages or any other remedy arising under any
other legislation or the common law if the damage
occurs as a result of:
1. failure by you to adhere to the warnings and
follow the instructions set out in this user guide for
the proper installation and use of the product;
2. negligence on your part or misuse by you of the
product;
3. an uncontrollable external cause which results
in the product not functioning including but not
limited to power failure, lightning or over voltage;
and
4. modicationtotheproductorservicescarriedout
on the production by anyone other than Oricom or
Oricom’s authorised service provider.
Oricom will not be liable for any damages caused by
the product or the failure of the product to perform,
including any lost profits or savings or special,
incidental or consequential damages. Oricom is not
liable for any claim made by a third party or made
by you on behalf of a third party. This limitation of
liability applies whether damages are sought, or a
claim made, under this Warranty or as a tort claim
(including negligence and strict product liability),
a contract claim or any other claim. However, this
limitation of liability will not apply to claims for
personal injury. Nothing in this Warranty excludes,
restricts or modifies any condition, warranty, right
or remedy which pursuant to the Competition and
Consumer Act 2010 applies to this Warranty and
whichmaynotbesoexcluded,restrictedormodied.
For warranties that cannot be excluded, restricted
ormodied,Oricomlimitstheremediesavailableto
thosespeciedintherelevantlegislation.
Oricom products come with guarantees that cannot
be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for
a major failure and compensation for any other
reasonably foreseeable loss or damage. You are
also entitled to have the goods repaired or replaced
if the goods fail to be of acceptable quality and the
failure does not amount to a major failure.
40
WARRANTY