GOLDACRES/PATHWAY - TERMS AND CONDITIONS OF SALE

Goldacres/Pathway Goods are only available for purchase upon the terms and conditions set out below.

1. In these warranty terms and conditions:
1. "Goldacres" or "Pathway" means Goldacres Trading Pty. Ltd. A.C.N. 061 306 732 of 1-3 North Western Rd., St. Arnaud; trading as Goldacres Agricultural Equipment (its successors and assigns) which is the seller of the Goods;
2. "Purchaser" means the purchaser of the Goods;
3. "Goods" means the product and, if nay, the services provided;
4. Nothing in these warranty terms and conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying, any condition, warranty, guarantee, right or remedy implied by law (including the Trade Practices Act 1974) and which by law cannot be excluded, restricted or modified.

2. (1) These warranty terms and conditions (which shall only be waived in writing signed by Goldacres/Pathway) shall prevail over all terms and conditions of the purchaser to the extent of any inconsistency.
(2) This warranty may not be modified or added to without the expressed written consent endorsed hereon of the Managing Director of Goldacres Trading P/L.

3. The warranty relating to the Goods and all other products sold and, if any, services sold or provided by Goldacres/Pathway are contained in these warranty terms and conditions, and additional terms and conditions as described by the documents "Pathway Forklifts warranty terms and conditions" or "Pathway Pumps warranty terms and conditions".

4. All specifications, (without limiting the generality of same - including: drawings, particulars of weights, volumes, capacities, dimensions, load factors) are approximate only and any deviation shall not be taken to vitiate any contract with Goldacres/Pathway or form any claim against Goldacres/Pathway. The descriptions, illustrations and performances contained in catalogues, price lists and other advertising matter do not form part of the contract of sale of the Goods. Where specifications, drawings or other particulars are supplied by Purchaser, Goldacres/Pathway' price is made on estimates of quantities required. Should there be any adjustments in quantities above or below the quantities estimated by Goldacres/Pathway and set out in a quotation, then any such increase or decrease shall be adjusted on a unit rate basis according to unit prices set out herein.

5. Any performance, volumes, and/or capacity figures given by Goldacres/Pathway are estimates only. Goldacres/Pathway shall be under no liability for damages for failure to obtain such figures unless specifically guaranteed in writing and any such writtenguarantee shall be subject to the recognised tolerances applicable to such figures. The suitability of chemicals and other liquids for any application and the application methods and the environmental effects shall be sole decision and responsibility of the purchaser and the user of the Goods. Goldacres/Pathway gives no warranty as to the suitability of any chemicals or other liquids for any application, nor the application methods nor the environmental effects which may result from the use of the Goods. Goldacres/Pathway shall be under no liability for damages arising out of the use of any chemicals, liquids or mixtures in the Goods nor for any application, nor for the application methods nor for the environmental effects which may result fromthe use of the Goods.

6. 1. Goldacres/Pathway liability for Goods manufactured by it is limited to making good any defects by repairing the same or at Goldacres/Pathway option by replacement within a period not exceeding either 1000 hours or twelve calendar months, whichever comes first, after the Goods have been dispatched provided that:
   1. the defects have arisen solely from faulty materials or workmanship;
   2. the Goods have not received maltreatment inattention or interference;
   3. accessories of any kind used by the purchaser are manufactured or approved by Goldacres/Pathway;
   4. (d) where applicable, the seals on the Goods remain unbroken;
   5. there has been no improper adjustment, calibration or operation;
   6. the use of accessories including consumables, hardware or software (not manufactured by Goldacres/Pathway) has been approved in writing by Goldacres/Pathway;
   7. no contamination or leakage has been caused or induced;
   8. any modification to the Goods have been authorised in writing by Goldacres/Pathway;
   9. there has been no inadequate or incorrect use, storage, handling or application of the Goods;
   10. there has been no use or operation of the Goods outside of the physical, electrical or environmental specifications of the Goods;
   11. there has been no inadequate or incorrect site preparations;
   12. there has been no inadequate or improper maintenance of the Goods;
   13. it has not been caused by fair wear and tear; and
   14. firstly the Goods have been thoroughly inspected and any damage (from whatever cause) to the Goods (and in particular â?? the structure, welding, seams, bolts, booms) has been repaired prior to the Goods being operated, used driven or moved and on each occasion the tanks are filled; and
   15. there has been no failure to comply with the requirements of all present or future laws or regulations relating to the Goods and/or the use and/or the operation of the Goods; and
   16. there has been no failure to maintain a record of hours of operation (which record shall contain full details of all inspections, repairs and maintenance) and produce same to Goldacres/Pathway at the time of the warranty claim;
   17. the defective Goods or any damaged part of the Goods are promptly returned free of cost to Goldacres/Pathway or a representative of Goldacres/Pathway;
   18. all warranty related repairs have been carried out with the prior authorisation of Goldacres/Pathway;
   2. if Goods or any part thereof are not manufactured by Goldacres/Pathway, in particular engines, engine accessories, transmissions, transfer cases, differentials, tyres, tubes, batteries and radios and UHFs, the guarantee of the manufacturer thereof shall be accepted by the purchaser and is the only guarantee given to the purchaser in respect of the Goods or that part;
   3. in the case of hydraulic systems, Goldacres/Pathway shall replace defective parts in accordance with section 6(1) of these conditions, provided that the failure of the part was not related to contamination within the system, Goldacres/Pathway shall not be liable for labour in the case of repairing hydraulic system defects;
   4. this warranty does not extend to components considered as normal wear items including, but not limited to nozzles, chains, belts, filters, brake pads, polyethylene bushes and liquid pump valves, valve O-rings, diaphragms and seals;
   5. Goldacres/Pathway shall not be liable for and the purchaser releases Goldacres/Pathway from any claims in respect of faulty or defective design of any Goods supplied unless such a design has been wholly prepared by Goldacres/Pathway and the responsibility for any claim has been specifically accepted by Goldacres/Pathway in writing and in any event Goldacres/Pathway liability hereunder shall be strictly limited to the replacement of defective parts in accordance with paragraph 6 (1) of these conditions;
   6. except as provided herein, all express and implied warranties, guarantees and conditions under statute or general law as to the merchantability, description, quality, suitability or fitness of the Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are hereby expressly excluded and Goldacres/Pathway shall not be liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the Goods or arising out of Goldacres/Pathway negligence or in any other way whatsoever;
   7. this warranty shall only be available to the Purchaser and shall not be transferable by the Purchaser;
   8. this warranty in no way extends to any used Goods.
7. Goldacres/Pathway liability for a breach of condition or warranty implied by Div. 2 of Pt. 5 of the Trade Practices Act 1974 (other than s 69) is hereby limited to:
1. in the case of Goods, any one or more of the following:
1. the replacement of the Goods or the supply of equivalent Goods;
2. the repair of the Goods;
3. the payment of the cost of replacing the Goods or acquiring the equivalent Goods;
4. the payment of having the Goods repaired; or
2. in the case of services;
3. the supplying of the services again; or
4. the payment of the cost of having the services supplied again.
8. Goldacres/Pathway liability under s 68A and s 74H of the Trade Practices Act 1974 is expressly limited to a liability to pay to the purchaser an amount equal to:
1. the cost of replacing the Goods;
2. the cost of obtaining the equivalent Goods; or
3. the cost of having the Goods repaired, whichever is the lowest amount.