39
uninterrupted or error free. Oricom is not responsible for damage
that occurs as a result of your failure to follow the instructions that
came with the product.
These terms and conditions together with any specic terms and
conditions contained in the user guide to the product purchased
constitute the complete and exclusive agreement 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 is not liable for any damages caused by the product or
the failure of the product to perform, including any lost prots 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 modies any
condition, warranty, right or remedy which pursuant to the Trade
Practices Act 1974 applies to this Warranty and which may not
be so excluded, restricted or modied. For warranties that cannot
be excluded, restricted or modied, Oricom limits the remedies
available to those specied in the relevant legislation.
(a) Warranty
Oricom warrants that the product is free from defects in materials
and workmanship for a period of 12 months effective from the
date of purchase. This warranty in no way affects your statutory
warranty under the Trade Practices Act 1974 or any other similar
legislation. It is important that you read the Warranty Card as
it contains full and additional details of the warranty, limitation
of warranty and conditions for receiving the warranty services
during the warranty period. The Warranty Card is located in the
package. If you cannot locate the Warranty Card, please contact
our Customer Support Service on 1300 889 785.
(b) Exclusion and limitation of liability.
Oricom will not be in breach of a warranty or condition expressly
stated in this User Guide or the Warranty Card or implied by the
Trade Practices Act and excludes any liability arising under any
statutory or common law for damages or any other remedy if the
damage occurs as a result of:
(i) failure by you to follow the instructions in the User Guide for
the installation and proper functioning of the product;
(ii) negligence on your part or misuse by you of the product;
(iii) any un-controlled external cause to the phone not functioning
including but not limited to electricity failure, lighting, over
voltage;
(iv) non adherence by you to the warnings in the User Guide and
the User Guide generally;
appendix