The Customer acknowledges that they have requested Medifab to supply the product listed below based solely on the information provided by the Customer. Medifab is not in a position to ascertain whether the product would meet the Customer’s needs or purposes and does not have any facilities in the Customer’s country to maintain, service, or repair the product.
For those reasons, the Customer acknowledges and agrees that Medifab does not give any assurances of any kind (whether warranties, conditions, guarantees or otherwise) in relation to the product and in particular, does not give assurance of any kind that the product will be fit for the Customer’s needs or purposes or that, should there be any need to maintain service or repair the product, that Medifab will be able to offer or arrange for such services in the Customer’s country or at all.
To the maximum extent permitted by any law, Medifab excludes all liability in relation to any conditions, warranties, guarantees or any other responsibilities or liabilities that may in any of these cases be implied under any law of any country, in relation to the supply of the product by Medifab to the Customer. Medifab makes no statements or representations in relation to the product of any kind, which is acknowledged by the Customer. In any event, Medifab shall not be liable for any statement or representation that has not been expressly included in these terms.
In any event, to the extent permitted by law, the maximum liability of Medifab under any head of law (including without limitation for negligence and whether in relation to any financial cost, expense, damages, loss or liability or in relation to any form of property damage or personal injury, including death) shall be NZ$100.00. Medifab shall not have any liability of any kind under any head of law should the Customer abuse or misuse the product, use the product negligently, or, where the product requires regular servicing and/or maintenance, fails to have the product regularly serviced and/or maintained.
Should the Customer require parts of accessories for the product, Medifab will endeavour to supply them to the Customer at the Customer’s cost and risk in all respects, provided that Medifab has the parts or accessories or can reasonably and practically obtained the parts or accessories. Any such parts or accessories would be supplied on the same terms as apply to the product.