Farmworks

1 FARMWORKS warrants that:
(a) it will pass clear title to the hardware products to the purchaser upon full payment;

(b) the hardware Products will be free from defects in materials and workmanship for a 6 month period from initial date of purchase;

(c) it will provide to the purchaser a valid and enforceable licence for the software products;

(d) each program comprising the software products functions in accordance with the appropriate specification for the software warranty period which is 90 days from installation.

2 FARMWORKS does not warrant that the functions of any program will meet the requirements of the Purchaser or of its customers, or that the operation of any functions will be uninterrupted or fault free.

3 The warranties set out in clause 1 do not apply if:
(a) the full purchase price has not been paid;

(b) the defects arise from:
• the Products being improperly or negligently used, operated or handled;
• any accident however caused;
• fair wear and tear;
• a failure to install or repair the Products in accordance with any installation, operating instruction or recommendations issued by FARMWORKS;
• the modification or alteration of the Products without the prior written consent of FARMWORKS;
• the failure to maintain a safe and suitable site for the Products;
• the failure to implement procedures designed to prevent or detect a malfunction (which procedures are defined in FARMWORKS manuals provided to the Purchaser).

4 FARMWORKS’s liability for a breach of any warranty, condition, guarantee or representation, whether express or implied by virtue of law, will be limited to one of the following at FARMWORKS’s option:
(a) in the case of Products, any one or more of the following at FARMWORKS’s sole discretion:
(i) the replacement of the Products or the supply of equivalent Products;
(ii) the repair of the Products;
(iii) the payment of the cost of the Products or of acquiring equivalent Products; or
(iv) the payment of the cost of having the Products repaired; and
(b) in the case of any services, any one or more of the following at FARMWORKS’s sole discretion:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.

5 The Purchaser must notify FARMWORKS of any defect in any Product within 20 days of the date the defect becomes known to the Purchaser if the warranties in clause 1(b) and (d) are to apply.

6 The warranties in respect of any Products or their component parts not manufactured by FARMWORKS are limited to the warranties (if any) that FARMWORKS is able to enforce against the supplier of such Products or components. FARMWORKS will identify whether any Products or components are subject to limited warranties in FARMWORKS’s price list.

7 The Purchaser must return to FARMWORKS all faulty Products or components of the Products that are replaced. Title to such Hardware Products or components shall revert to FARMWORKS and title to the replacement Hardware Products or components shall transfer to the Purchaser on replacement. Any replacement Software Products shall be subject to the licence to which the replaced Software Products were subject.

8 All warranties are void immediately upon any Products being treated, serviced or interfered with other than as expressly provided for in any instruction manual supplied by FARMWORKS.

9 This clause applies to the maximum extent permitted by law and will be subject to any right which cannot be limited or excluded by virtue of any applicable law including the Trade Practices Act 1974 and any applicable Fair Trading Act. To the extent permissible by law, all other warranties, conditions, guarantees or representations are excluded.

LIMITATION OF FARMWORKS’ LIABILITY
FARMWORKS is not liable for any loss, damage, expense or claim incurred by the Purchaser directly or indirectly (including any consequential losses or loss of data or profits) arising out of, or in connection with the use of FARMWORKS products. This clause includes any loss or damage caused by the negligent act, misrepresentation or omission of FARMWORKS