DEFECTS, WARRANTIES AND RETURNS, COMPETITION AND CONSUMER ACT 2010 (CCA)

15.1 The Customer must inspect the Goods on delivery and must within seven (7) days of delivery notify WWS(T) in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow WWS(T) to inspect the Goods.

15.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).

15.3 WWS(T) acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

15.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, WWS(T) makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. WWS(T)’s liability in respect of these warranties is limited to the fullest extent permitted by law.

15.5 If the Customer is a consumer within the meaning of the CCA, WWS(T)’s liability is limited to the extent permitted by section 64A of Schedule 2.

15.6 If WWS(T) is required to replace the Goods under this clause or the CCA, but is unable to do so, WWS(T) may refund any money the Customer has paid for the Goods.

15.7 If the Customer is not a consumer within the meaning of the CCA, WWS(T)’s liability for any defect or damage in the Goods is:

(a) limited to the value of any express warranty or warranty card provided to the Customer by WWS(T) at WWS(T)’s sole discretion;

(b) limited to any warranty to which WWS(T) is entitled, if WWS(T) did not manufacture the Goods;

(c) otherwise negated absolutely.

15.8 Subject to this clause 15, returns will only be accepted provided that:

(a) the Customer has complied with the provisions of clause 15.1; and

(b) WWS(T) has agreed that the Goods are defective; and

(c) the Goods are returned within a reasonable time at the Customer’s cost (if that cost is not significant); and

(d) the Goods are returned in as close a condition to that in which they were delivered as is possible.

15.9 Notwithstanding clauses 15.1 to 15.8 but subject to the CCA, WWS(T) shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

(a) the Customer failing to properly maintain or store any Goods;

(b) the Customer using the Goods for any purpose other than that for which they were designed;

(c) the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;

(d) the Customer failing to follow any instructions or guidelines provided by WWS(T);

(e) fair wear and tear, any accident, or act of God.

15.10 WWS(T) may in its absolute discretion accept non-defective Goods for return in which case WWS(T) may require the Customer to pay handling fees of up to ten percent (10%) of the value of the returned Goods plus any freight costs.

15.11 Notwithstanding anything contained in this clause if WWS(T) is required by a law to accept a return then WWS(T) will only accept a return on the conditions imposed by that law.