Except as provided below, all express and implied warranties, guarantees and conditions said to arise in respect of information supplied by Duromer Products Pty Ltdor otherwise under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are hereby expressly excluded and Duromer Products Pty Ltd shall not be liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, preparation, production, installation, performance or operation of the goods or arising out of Duromer Products Pty Ltd’s negligence or in any way whatsoever.
The liability of Duromer Products Pty Ltd for a breach of a condition or warranty implied by Div 2 of Pt V of the Trade Practices Act of 1974 is not excluded or restricted but is (other than S.69) hereby limited to:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods;
(d) the payment of the cost of having the goods repaired.
Freedom from patent rights must not be assumed.