The LINKedge product and associated items including
EDGEspikes (collectively, "Product")
are provided by the manufacturer (Dagenham Pty
Ltd trading as Link Plus) ("Link Plus")
"as is" and without express warranties
of any kind. Any statements by Link Plus concerning
the Product are indicative only and are intended
solely to be a guide to the features and performance
of the Product and any other matters referred
to. The Product must be correctly used and installed
to perform as indicated, and Link Plus accepts
no responsibility for any failure of the Product
resulting from incorrect use or installation,
or for any injury, loss or damage (including personal
injury or property damage) that may occur in directly
or indirectly in connection with the Product.
While Link Plus has endeavoured to ensure that
the information made available regarding the Product
is accurate, complete, and up-to-date, no guarantee
is provided that this is or will be the case.
By using the Product the customer acknowledges
and agrees that the customer has formed the customer's
own view of the suitability of the Product for
the intended application solely on the basis of
the factual information provided. Link Plus reserves
the right to modify or discontinue the Product
or any literature referring to the Product at
any time without notice.
Link Plus does not exclude or limit the application
of any provision of any statute, including the
Trade Practices Act 1974 (Cth) ("TPA"),
where to do so would contravene that statute or
cause any part of this disclaimer to be void.
Link Plus excludes all conditions, warranties
and terms implied by statute, general law or custom,
other than any condition, warranty or term the
exclusion of which would contravene any statute
or cause any part of this disclaimer to be void
("Non-excludable Condition"). Link Plus'
liability for breach of any Non-excludable Condition
is limited, at Link Plus' option, to any one of
re-supplying, replacing or repairing the goods
in respect of which a breach occurred. Link Plus
also excludes all liability in contract for damages,
including without limitation any direct, indirect
or consequential damages, and all liability for
negligence and other non-contractual causes of
action in respect of which liability may be excluded,
that may arise in connection with any use of the
goods. If the customer is a consumer as defined
in the Act, Link Plus does not exclude or limit
its liability to the customer for breach of any
Non-excludable Condition in respect of goods of
a kind ordinarily acquired for personal, domestic
or household use or consumption. |