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10. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

10.1 The Customer must inspect the Goods on delivery and must within seven (7) days of delivery notify Cedar in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow Cedar to inspect the Goods.

10.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).

10.3 Cedar acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

10.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Cedar makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. Cedar’s liability in respect of these warranties is limited to the fullest extent permitted by law.

10.5 If the Customer is a consumer within the meaning of the CCA, Cedar’s liability is limited to the extent permitted by section 64A of Schedule 2.

10.6 If Cedar is required to replace the Goods under this clause or the CCA, but is unable to do so, Cedar may refund any money the Customer has paid for the Goods.

10.7 If the Customer is not a consumer within the meaning of the CCA, Cedar’s liability for any defect or damage in the Goods is:

(a) limited to the value of any express warranty or warranty card provided to the Customer by Cedar at Cedar’s sole discretion;

(b) limited to any warranty to which Cedar is entitled, if Cedar did not manufacture the Goods;

(c) otherwise negated absolutely.

10.8 Subject to this clause 10, returns will only be accepted provided that:

(a) the Customer has complied with the provisions of clause 10.1; and

(b) Cedar has agreed that the Goods are defective; and

(c) the Goods are returned within a reasonable time at the Customer’s cost (if that cost is not significant); and

(d) the Goods are returned in as close a condition to that in which they were delivered as is possible.

10.9 Notwithstanding clauses 10.1 to 10.8 but subject to the CCA, Cedar shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

(a) the Customer failing to properly maintain or store any Goods;

(b) the Customer using the Goods for any purpose other than that for which they were designed;

(c) the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;

(d) the Customer failing to follow any instructions or guidelines provided by Cedar;

(e) fair wear and tear, any accident, or act of God.

10.10 In the case of second hand Goods, unless the Customer is a consumer under the CCA, the Customer acknowledges that it has had full opportunity to inspect the second hand Goods prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by Cedar as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer acknowledges and agrees that Cedar has agreed to provide the Customer with the second hand Goods and calculated the Price of the second hand Goods in reliance of this clause 10.10.

10.11 Cedar may in its absolute discretion accept non-defective Goods for return in which case Cedar may require the Customer to pay handling fees of up to twenty percent (20%) of the value of the returned Goods plus any freight costs.

10.12 Notwithstanding anything contained in this clause if Cedar is required by a law to accept a return then Cedar will only accept a return on the conditions imposed by that law.

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