14.1 The Customer must inspect the Goods on delivery and must within thirty (30) days of delivery notify RHCS in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote.
14.2 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 RHCS to inspect the Goods.
14.3 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).
14.4 RHCS acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
14.5 Except as expressly set out in these terms and conditions in respect of the Non-Excluded Guarantees, RHCS makes no Warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. RHCS’s liability in respect of these warranties is limited to the fullest extent permitted by law.
14.6 If the Customer is a consumer within the meaning of the CCA, RHCS’s liability is limited to the extent permitted by section 64A of Schedule 2.
14.7 If RHCS is required to replace the Goods under this clause or the CCA, but is unable to do so, RHCS may refund any money the Customer has paid for the Goods.
14.8 If the Customer is not a consumer within the meaning of the CCA, RHCS’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 RHCS at the sole discretion of RHCS;
b) limited to any warranty to which RHCS is entitled, if RHCS did not manufacture the Goods;
c) otherwise negated absolutely.
14.9 Subject to this clause 14, returns will only be accepted provided that:
a) The Customer has complied with the provisions of clause 14.1; and
b) RHCS 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.
14.10 Notwithstanding clauses 14.1 to 14.8 but subject to the CCA, RHCS 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 the 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 RHCS;
e) fair wear and tear, any accident, or act of God.
14.11 RHCS may in its absolute discretion accept non-defective Goods for return in which case RHCS may require the Customer to pay handling fees of up to fifteen percent (15%) of the value of the returned Goods plus any freight costs.