New Products: ELB warrants that the Equipment and Spare Parts under normal use and service will be free from defects in materials and workmanship for the period of warranty provided for each product described from the date of shipment to Customer. ELB will, without charge to Customer, promptly repair or replace, at its option, any parts which are determined to be defective within this warranty (excluding expendables) and which are returned to ELB provided:
(1) Customer shall have notified ELB of any alleged defect within the warranty period and
(2) the equipment has not been damaged, subject to misuse, altered or repaired or improperly maintained by Customer or others in a manner which ELB reasonably determines to have adversely affected performance or reliability.
ELB's liability hereunder is limited to the repair or replacement of the defective part and does not include any labour related to the subsequent installation thereof. Parts repaired or replaced by ELB will be shipped to Customer F.O.B. destination. The above warranties extend solely to Customer and all warranty claims must be generated by the original Customer Repair or replacement of component parts shall not extend nor decrease the Equipment warranty.
Repairs: With the exception of the warranty period (repairs are warranted for 30 days), new products terms and conditions apply.
THE WARRANTIES CONTAINED IN THIS CLAUSE ARE IN LIEU OF ALL OTHER WARRANTIES (OTHER THAN NON INFRINGEMENT AS HEREINAFTER PROVIDED) EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY.
10. Authorised Returns
Customer shall not return any ELB Product for credit, exchange or otherwise without the prior issuance by ELB of an ELB Return Authorisation.
If any of the terms and conditions hereof shall to any extent be invalid or unenforceable, the remainder of these Terms and conditions, or the application of such terms and provisions to persons or circumstances other than those as to which it is held unenforceable shall not be affected.
12. Applicable Law
The validity, interpretation and performance of this Agreement shall be governed by the laws of the State of New South Wales, Australia.