1. Guarantee a. The Seller's liability for Goods manufactured by it is limited to making good any defects by repairing the defects or at the Seller's option by replacement, within a period not exceeding twelve (12) calendar months after the Goods have been dispatched so long as: i. defects have arisen solely from faulty materials or workmanship; ii. the Goods have not received maltreatment, inattention or interference; iii. accessories of any kind used by the Buyer are manufactured by or approved by Seller; iv. the seals of any kind on the Goods remain unbroken; and v. the defective parts are promptly returned free of cost to the Seller. If the Goods are not manufactured by the Seller the guarantee of the manufacturer of those Goods is accepted by the Buyer and is the only guarantee given to the Buyer in respect of the Goods. The Seller agrees to assign to the Buyer on request made by the Buyer the benefit of any warranty or entitlement to the Goods that the manufacturer has granted to the Seller under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable. The Seller is not liable for and the Buyer releases the Seller from any claims in respect of faulty or defective design of any Goods supplied unless such design has been wholly prepared by the Seller and the responsibility for any claim has been specifically accepted by the Seller in writing. In any event the Seller's liability under this paragraph is limited strictly to the replacement of defective parts in accordance with subparagraph (a) above of these conditions. Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, acceptable quality, suitability or fitness of the Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. The Seller is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the Goods or arising out of the Seller's negligence or in any way whatsoever. The Seller's liability for a breach of a condition or guarantee provided or implied by Schedule 2, Part 3-2 Division 1 of the Competition and Consumer Act 2010 (other than sections 51 to 53) is limited to: the replacement of the Goods or the supply of equivalent Goods; . the repair of the Goods; i. the payment of the cost of replacing the Goods or of acquiring equivalent Goods; ii. the payment of the cost of having the Goods repaired; This guarantee or warranty is provided by the Seller of Unit 22, 8 Victoria Avenue, Castle Hill. NSW 2154 (Seller's Address), telephone (02) 9894 1899, email: admin@atlaswholesale.com.au To claim the benefit of this guarantee or warranty the Buyer must return the Goods to the Seller's Address within 12 months of the despatch of the goods to the Buyer, setting out in writing the nature of the defect. The cost and expense of returning the Goods to the Seller is to be borne by the Buyer and the cost and expense of returning the rectified or replacement Goods to the Buyer is at the cost of the Seller. The benefits to the Buyer in this guarantee or warranty are in addition to other rights and remedies the Buyer might have under any law in relation to the Goods. Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You (Buyer) are entitled to a replacement or refund of a major failure and compensation for any other reasonably foreseeable loss or damage. You (Buyer) are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure. Purchaser is responsible for the proper use of Goods for their intended use under the instructions supplied by Seller and in a manner as stated in any Act or Regulation in force in the State or Territory of use. Place of contract - The contract for sale of the Goods is made in the state of New South Wales. The Seller and Buyer submit all disputes arising between them to the courts of New South Wales and any court competent to hear appeals from those courts of first instance.