Heatrite warrants that all Goods supplied by it to the Customer:
(a) are free from any encumbrance, other than any encumbrance created under these Terms; and
(b) are of merchantable quality and are fit for their intended purpose.

If any of the Goods delivered to the Customer do not meet the standards set out in clause 1.1, the Customer must notify Heatrite in writing within seven days of delivery and the Heatrite’s responsibility for any non-compliant Goods will be determined in accordance with clause 2.1. Any claims not made within this timeframe will be invalid and the Heatrite will have no liability whatsoever in respect of such claims.

Except for the warranties provided in clause 1.1and subject to any warranties which may be provided by the manufacturer of specific Goods, to the extent permitted by law Heatrite excludes all warranties of whatsoever kind or nature, either express or implied in connection with the supply of Goods by Heatrite to the Customer.

In respect of the express warranties in clause 1.1 and any non-excludable warranties, Heatrite’s liability for breach of such conditions or warranties and the Customer’s sole and exclusive remedy in relation to such breaches shall be limited, at Heatrite’s discretion, to either:
(a) replacing the Goods;
(b) repairing the Goods; or
(c) refunding the price paid for the relevant Goods.

The warranties provided by Heatrite and a manufacturer of Goods are void on all Goods sold where those Goods have been installed by persons other than Registered Electrical or Plumbing Contractors, and/or where the Goods have been installed other than in accordance with the instruction manual for the Goods.

Notwithstanding any provision in these Terms, the Customer must not make a claim or demand against Heatrite or its agents for consequential, indirect, special, incidental, exemplary or economic damage or loss (including loss of use, loss of revenue, loss of profit, business interruption, costs of procurement or substitution of goods, technology or services or loss of information) arising in connection with the supply of Goods pursuant to these Terms (including any claim in negligence, equity or otherwise).

The Customer indemnifies Heatrite from and against any damages that it or its related bodies corporate suffer, incur or are liable for as a direct or indirect result of any breach of these Terms, or any conduct which may be considered misleading or deceptive, by the Customer or its agents.