The Company warrants that the treatments and the products provided comply with any guarantees that apply compulsorily by under the ACL.
To the extent permitted by law, all other guarantees, warranties, undertakings and representations expressed or implied, whether arising by statute or otherwise, which are not given in these Terms of Trade or any warranty document given at the time of supply are expressly excluded.
If the Customer is a Consumer and the treatment or products supplied are not of a kind ordinarily acquired for personal, domestic or household use or consumption, the Customer agrees that the Company’s liability for a failure to comply with a consumer guarantee under the ACL in relation to that supply is limited, at the option of the Company, to one or more of the following:
- supplying the treatment or product again; or
- the payment of the cost of having the treatment or product supplied again.
If the Customer is not a Consumer, to the extent permitted by law, the Company will not be liable in any circumstances for any loss or damage (including indirect or consequential loss) to any property or person resulting from the provision or delay in provision of the treatment or the products.
Neither party will be liable for delay or failure to perform an obligation in this Agreement due to circumstances beyond their reasonable control.
Nothing in this clause will excuse payment of any money due or which becomes due under this Agreement.