40 WARRANTY
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.modification to the product or services carried out 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 which may not be so excluded, restricted or modified. For warranties that cannot be excluded, restricted or modified, Oricom limits the remedies available to those specified in the relevant legislation.
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.