Mitel SMB Information Produit page 9

Exclusions
Mitel does not warrant its products to be com-
patible with the equipment of any particular
telephone company. This warranty does not
extend to damage to products resulting from
improper installation or operation, alteration,
accident, neglect, abuse, misuse, fire or natural
causes such as storms or floods, after the prod-
uct is in your possession. Mitel will not accept
liability for any damages and/or long distance
charges, which result from unauthorized and/or
unlawful use.
To the extent permitted by law, Mitel shall not be
liable for any incidental damages, including, but
not limited to, loss, damage or expense directly
or indirectly arising from your use of or inability
to use this product, either separately or in com-
bination with other equipment. This paragraph,
however, is not intended to have the effect of
excluding, restricting or modifying the applica-
tion of all or any of the provisions of Part 5-4 of
Schedule 2 to the Competition and Consumer
Act 2010 (the ACL), the exercise of a right con-
ferred by such a provision or any liability of Mitel
in relation to a failure to comply with a guaran-
tee that applies under Division 1 of Part 3-2 of
the ACL to a supply of goods or services.
This express warranty sets forth the entire liabil-
ity and obligations of Mitel with respect to
breach of this express warranty and is in lieu of
all other express or implied warranties other
than those conferred by a law whose application
cannot be excluded, restricted or modified. Our
goods come with guarantees that cannot be
excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a
major failure and for compensation for any
other reasonably foreseeable loss or damage.
You 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.
Warranty Repair Services
Procedure: Should the product fail during the
warranty period and you wish to make a claim
under this express warranty, please contact the
Mitel authorized reseller who sold you this
product (details as per the invoice) and present
proof of purchase. You will be responsible for
shipping charges, if any.
Limitation of liability for products not of a kind
ordinarily acquired for personal, domestic or
household use or consumption (e.g. goods/ser-
vices ordinarily supplied for business-use).
1.1 To the extent permitted by law and subject to
clause 1.2 below, the liability of Mitel to you for
any non-compliance with a statutory guaran-
tee or loss or damage arising out of or in con-
nection with the supply of goods or services
(whether for tort (including negligence), stat-
ute, custom, law or on any other basis) is lim-
ited to:
a) in the case of services:
i) the resupply of the services; or
ii) the payment of the cost of resupply; and
b) in the case of goods:
i) the replacement of the goods or the
supply of equivalent goods; or
ii) the repair of the goods; or
iii) the payment of the cost of replacing the
goods or of acquiring equivalent goods;
or
iv) the payment of the cost of having the
goods repaired.
1.2 Clause 1.1 is not intended to have the effect of
excluding, restricting or modifying:
a) the application of all or any of the provi-
sions of Part 5-4 of Schedule 2 to the Com-
petition and Consumer Act 2010 (the ACL);
or
b) the exercise of a right conferred by such a
provision; or
c) any liability of Mitel in relation to a failure to
comply with a guarantee that applies under
Division 1 of Part 3-2 of the ACL to a supply
of goods or services.
After Warranty Service
Mitel offers ongoing repair and support for this
product. If you are not otherwise entitled to a
remedy for a failure to comply with a guarantee
that cannot be excluded under the Australian
Consumer Law, this service provides repair or
replacement of your Mitel product, at Mitel's
option, for a fixed charge. You are responsible
for all shipping charges. For further information
and shipping instructions contact:
Manufac- Mitel South Pacific Pty Ltd ("Mitel")
turer Level 1, 219 Castlereagh Street
Sydney, NSW2000, Australia
Phone: +61 2 9023 9500
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