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9.
Any parts of the product that need to be replaced, or if the whole product needs to be replaced, the parts of the product or the replaced
product, whichever applies becomes the property of AusGeothermal
10.
This warranty may only be claimed against where proof of original purchase is presented, for example, original receipt or invoice.
11.
AusGeothermal will not be liable for default or failure in performance of its obligations pursuant to this warranty resulting directly or indirectly
from acts of God, civil or military authority, riots, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements,
strikes, labour disputes, shortage of suitable parts, components, materials, chemicals and paper, labour or transportation or any other cause
beyond the reasonable control of AusGeothermal.
12.
AusGeothermal will replace or repair any defective products without charge in accordance with this warranty, including refrigerant that has
leaked so long that the damage does not arise from:
a.
Improper adjustment or operation by the buyer;
b.
The use of any product which was not manufactured by or approved by AusGeothermal;
c.
Any contamination or leakages caused or induced by the buyer;
d.
Any modifications of the product which was not authorised in writing by AusGeothermal;
e.
Any misuse of the product;
f.
Any use or operation of the product outside of the instructions or specifications of the product;
g.
Installation of the product by anyone other than a licensed and competent trades person;
h.
Faulty onsite welding and installation
i.
Inadequate or improper maintenance of the product;
Or
j.
Normal wear and tear
13.
All transportation charges incurred in returning defective products or any of its component parts, for repair, together with the cost of returning
them to the buyer as well as any expenses relating to service labour, diagnostic calls and excavation, backfilling and drilling are the sole
responsibility of the buyer.
14.
The buyer acknowledges that:
a.
AusGeothermal has not supplied any sample of the products to the buyer; and
b.
If the buyer sells the products to any person by reference to a sample, that sample is not supplied by AusGeothermal; and
c.
Any sale by sample by the buyer to any person (including any ‘consumer’ as defined in the Australian Consumer Law) is not ref
erable to the
sale or supply of the products by AusGeothermal to the buyer under this warranty.
15.
The buyer acknowledges that it has not made known to the AusGeothermal expressly or impliedly any particular purpose for which it has
acquired the goods other than to be used in the context of heating, cooling and hot water systems.
16.
The buyer acknowledges that:
a.
Upon inspection of the products prior to entering into this warranty the defects were specifically drawn to the
buyer’s
attention; and
b.
If the products are brought by the buyer for re-supply, it is a condition of sale of products to the buyer by AusGeothermal that the buyer
must specifically draw each such defect to the attention of any subsequent buyer of the products that may be a ‘consumer’ as
defined in
the Australian Consumer Law.
17.
The buyer acknowledges that AusGeothermal does not make under this warranty or outside of it any representations or warranties regarding
the products or any matter which is or might be relevant to the buyer buying or selling the products other than the representations or
warranties expressed in this warranty.
18.
AusGeothermal is not liable to the buyer in contract or in tort arising out of, or in connection with, or relating to:
a.
The performance of the products or any breach of these conditions; or
b.
Any fact, matter or thing relating to the products; or
c.
Any error (whether negligent or in breach of contract or not) in information supplied to the buyer or a user before or after the date of the
purchaser’s or user’s use of the products;
To the extent permitted by law, AusGeothermal shall not be liable for any loss of profit, business, contracts, revenues or anticipated savings,
increased costs or expenses, or for any indirect, consequential or special loss or damage, even if it is negligent
Summary of Contents for ASHP-23
Page 6: ...Page 6 of 38 Diagram Photo Copyright AusGeothermal 2018 ...
Page 7: ...Page 7 of 38 Commercial Hot Water ...
Page 8: ...Page 8 of 38 Hydronic Heating ...
Page 9: ...Page 9 of 38 Hydronic Heating ...
Page 10: ...Page 10 of 38 Hydronic Heating ...
