The Purchaser acknowledges they are acquiring Goods from a clearance outlet, that no express warranty is provided for the quality of the Goods and that the Goods are sold ‘as-is’ and subject to defects.
In so far as is possible, all warranties whether by statute or common law in relation to the supply of goods by the Supplier are expressly negatived and do not apply.
The Purchaser acknowledges that the Supplier is not responsible for, and releases and discharges the Supplier from, any direct, indirect or consequential loss or expense suffered by the Purchaser or any third party, howsoever caused from the supply of any Goods, including breach of statutory or common law warranties and negligence.
To the extent permitted by law, the absolute limit of the Supplier’s liability to the Purchaser under any condition or warranty that cannot be legally excluded is limited to, at the Supplier’s election:-
(a) the replacement or repair or re-supply of equivalent products or services; and
(b) the refund of the consideration paid for the relevant Goods.
The Purchaser agrees that it has satisfied itself as to the condition and suitability of the Goods for the Purchaser’s intended use. The Supplier makes no representation or warranty as to the suitability of the Goods for the Purchaser’s intended use.
The parties agree to submit exclusively to the law, and jurisdiction of the Courts, of New South Wales.