1. The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on the Customer in relation to the provision by Pro Sales (NSW) of this Website (including the various functions contained on this Website) which cannot be excluded, restricted or modified ("Non-excludable Rights"). Pro Sales (NSW) does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
2. Except as provided for by the Non-excludable Rights: a) this Website (including all content and functions) is provided "as is" and without warranties of any kind, either express or implied, b) Pro Sales (NSW) and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) Pro Sales (NSW) does not warrant that any functions on this Website (including inter alia the Customer's access to this Website) will be uninterrupted or error-free, that any defects will be corrected or that this Website or the server which stores and transmits Content to the Customer or any other person accessing this Website are free of viruses or any other harmful components, d) Pro Sales (NSW) does not warrant or make any representations regarding any the Customer's access to, or the results of the Customer's access to, this Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
3. Under no circumstances (including but not limited to any act or omission on the part of Pro Sales (NSW)) will Pro Sales (NSW) or its affiliates be liable for any indirect, incidental, special or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this Website or any Content.
4. To the fullest extent permitted by law, Pro Sales (NSW)'s liability for
breach of any implied warranty or condition which cannot be excluded is limited
at the option of Pro Sales (NSW) to the following:
in the case of services supplied or offered by Pro Sales (NSW),
(a) the supply of the services again, or
(b) the payment of the cost of having services supplied again; and in the case
of goods supplied or offered by Pro Sales (NSW),
(c) the replacement of the goods or the supply of equivalent goods,
(d) the repair of such goods,
(e) the payment of the cost of replacing the goods or acquiring equivalent
goods, or
(f) the payment of the cost of having the goods repaired.