Product and Installation Manual: Sentry Barrier TL-4 ThrieBeam System
ACP
| September 2020 |
Page
8
New South Wales
Sydney
02 8708 4400
Victoria
Melbourne
02 8708 4400
Queensland
Brisbane
07 3442 6200
Western Australia
Perth
02 9772 4172
Limited Warranty
Australian Construction Products (ACP) has tested the impact performance of its barriers and crash
cushion systems, and other highway safety hardware under controlled conditions, however, ACP
does not represent nor warrant that the results of those controlled conditions would necessarily avoid
injury to persons or property.
ACP EXPRESSLY DISCLAIMS ANY WARRANTY OR LIABILITY FOR CLAIMS
ARISING BY REASONS OF DEATH OR PERSONAL INJURY OR DAMAGE TO
PROPERTY RESULTING FROM ANY IMPACT, COLLISION OR HARMFUL CONTACT
WITH THE PRODUCTS OR NEARBY HAZARDS OR OBJECTS BY ANY VEHICLE,
OBJECTS OR PERSONS.
ACP warrants that any product or component part manufactured by ACP will be free from defects in
material or workmanship. ACP will replace free of cost any Product or component part manufactured
by ACP that contains such a defect.
THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER
WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR
IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED
TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
ACP’S LIABILITY UNDER THIS WARRANTY IS
EXPRESSLY LIMITED TO REPLACEMENT FREE OF COST OF PARTS SUPPLIED BY
ACP ONLY (IN THE FORM AND UNDER THE TERMS ORIGINALLY SHIPPED), OR
TO REPAIR OR TO MANUFACTURE BY ACP, PRODUCTS OR PARTS NOT
COMPLYING WITH ACP SPECIFICATIONS, OR, AT
ACP’S ELECTION, TO THE
REPAYMENT OF AN AMOUNT EQUAL TO THE PURCHASE PRICE OF SUCH
PRODUCTS OR PARTS, WHETHER SUCH CLAIMS ARE FOR BREACH OF
WARRANTY OR NEGLIGENCE. ACP SHALL NOT BE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL OR SPECIAL LOSSES, DAMAGES OR EXPENSES
OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY SUCH LOSSES, DAMAGES
OR EXPENSES ARISING DIRECTLY OR INDIRECTLY FROM THE SALE, HANDLING
OR USE OF THE PRODUCTS FROM ANY OTHER CAUSE RELATING THERETO, OR
FROM PERSONAL INJURY OR LOSS OF PROFIT.
Any claim by the Buyer with reference to Products sold hereunder for any cause shall be deemed
waived by the Buyer unless ACP is notified in writing, in the case of defects apparent on visual
inspection, within ninety (90) days from the delivery date, or, in the case of defects not apparent on
visual inspection, within twelve (12) months from the said delivery date. Products claimed to be
defective may be returned prep
aid to ACP’s plant for inspection in accordance with return shipping
instructions that ACP shall furnish to the Buyer forthwith upo
n receipt of the Buyer’s notice of claim. If
the claim is established, ACP will reimburse that Buyer for all carriage costs incurred hereunder.
The forgoing warranty benefits shall not apply to (i) any Products that have been subject to improper
storage, accident, misuse or unauthorised alterations, or that have not been installed, operated and
maintained in accordance with approved procedures and (ii) any components manufactured by the
Buyer.
