| Bullhead Gears Liability Statement
1.
Limitation of Liability
Subject to
clause 2, Bullhead Gears and Pfitzner Performance shall have no
liability (including liability in negligence) to any person for any loss
or damage, special, consequential or otherwise, howsoever suffered or
incurred, by any such person in relation to the Goods, and without
limiting the generality thereof, in particular shall have no liability
for any loss or damage, consequential or otherwise, howsoever suffered
or incurred by any such person, caused by or resulting directly or
indirectly from any failure, defect or deficiency of whatsoever nature
or kind in the Goods.
2.
Exclusion of Implied Conditions and Warranties
The only
statements, representations, warranties, conditions, promises,
undertakings, covenants and other provisions, express or implied, which
are binding on Bullhead Gears or Pfitzner Performance in respect of
quality, fitness for purpose, correspondence with any description or
sample or otherwise of the Goods supplied by Bullhead Gears or Pfitzner
Performance are those imposed and required to be binding by statute.
3. Extent
of Liability
3.1 The
liability of Bullhead Gears or Pfitzner Performance arising from breach
of any condition or warranty imposed by statute shall, to the extent
permitted by statute, be limited to and completely discharged by
Bullhead Gears or Pfitzner Performance, in Bullhead Gears/Pfitzner
Performance’s absolute discretion, if Bullhead Gears or Pfitzner
Performance:
(a)
repairs the Goods;
(b)
replaces the Goods;
(c)
supplies equivalent goods;
(d) pays
the cost of having the Goods repaired,
(e) pays
the cost of replacing the Goods or of acquiring equivalent goods,
provided
that Bullhead Gears or Pfitzner Performance is not liable to pay any
costs associated with the removal of the Goods or the installation of
repaired, replacement or equivalent Goods, including transportation
costs.
3.2
Bullhead Gears or Pfitzner Performance is not liable to do any of 3.1(a)
to (e) in the event that the breach of any condition or warranty imposed
by statute by Bullhead Gears/Pfitzner Performance has resulted from any
of the following:
(a) an
accident;
(b) the
misuse or abuse of the Goods;
(c) the
lack of proper maintenance of the Goods;
(d) the
normal wear and tear of the Goods;
(e) the
incomplete or improper installation of the Goods;
(f) the
installation of the Goods in a vehicle for which the Goods are not
designed;
(g) the
incorrect, improper or inappropriate operation of the Goods;
(h)
modification of the Goods which was not authorized by Pfitzner
Performance;
(i) the
deterioration of the Goods due to normal use and exposure; or
(j) the
damage and corrosion of the Goods from environmental conditions
including acts of God.
4.
Definitions
“Goods”
means any or all of the products manufactured or supplied by Bullhead
Gears or Pfitzner Performance; and “Pfitzner Performance” means Pfitzner
Performance Gearbox Pty Ltd ACN 095 283 686. “Bullhead Gears” means
Bullhead Gears LLC, Bellevue, WA USA.
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