7.
The Purchaser will pay for any service call made by B&D or an Authorised Distributor where such a call is made
for the purpose of adjustment (as described in the Manufacturers Written Instruction Manual) and not for
rectification of a defect pursuant to the warranty hereunder.
8.
(i)
The Purchaser shall be responsible for any expense incurred by B&D or an Authorised Distributor in
ensuring that the Opener is readily accessible for any repair work carried out under this warranty.
(ii) Where an Opener is installed outside a capital city metropolitan area and a warranty claim is made
pursuant to this warranty, any travelling expenses and costs of transporting the Opener, incurred by B&D
or its Authorised Distributor, shall be borne by the Purchaser.
9.
Subject to paragraph 12 hereof;
(i)
the obligations of B&D under this warranty are limited to those contained herein and such warranties are
expressly in lieu of all other warranties, express or implied, including any implied warranty of
merchantability or fitness for a particular purpose and notwithstanding any course of dealing between the
parties or custom and usage in the trade to the contrary.
(ii) B&D shall not be subject to nor incur and the Purchaser releases B&D from any claim or liability (including
consequential loss or damage and loss or use or profit) by reason of delay, defective or faulty materials or
workmanship, negligence or any act, matter or thing done, admitted or omitted by B&D.
10.
Subject to Clause 12 hereof, this warranty does not extend to and B&D will be relieved of all obligations,
responsibilities and liabilities (direct or consequential) in the event that defects in manufacture of the Opener
are directly or indirectly in the opinion of B&D due to or result from:
(i)
being fitted to any door or other closing device which is not of the type or condition defined in the
Manufacturers Written Instruction Manual as suitable for installation of the Opener.
(ii) Lack of proper maintenance or care of the Opener or door.
(iii) Incorrect and unreasonable use.
(iv) Faulty installation or adjustment of the Opener or door to which the Opener is connected where such
installation or adjustment is not carried out by B&D or one of its Authorised B&D Distributors.
(v) Failure to observe any instructions or directions provided with the Opener or given to the Purchaser by
B&D or an Authorised Distributor.
(vi) Modifications or repairs made or attempted to be made by any unauthorised person.
(vii) Faulty electrical wiring of structures to which the Opener is affixed.
(viii) Radio or other electronic interference (including citizen band transmissions).
(ix) Water damage, including effects from rust and corrosion.
(x) Use with doors locked.
(xi) Operation of the opener with excessively high opening or closing force settings.
11.
The warranty contained in Clause 3 does not cover batteries or globes and B&D shall not be liable for any
defect, malfunction or failure of such items.
12.
It is expressly provided that the warranties or any terms and conditions of them or other statement contained
in this document or other literature given to the Purchaser shall not be read or applied so as to purport to
exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to
the supply of the Opener of all or any of the provisions of Divisions 2 and 2A of Part V of the Trade Practices
Act, 1974, or the Consumer Guarantees Act 1993 if the purchase is a ‘consumer’ and purchased the opener in
New Zealand, (“The Act”) as amended or the exercise of a right conferred by such a provision or any other
condition or warranty implied by any relevant State Act or Territorial Ordinance or by the general law and which
by law cannot be excluded, restricted or modified provided that to the extent that the Act permits B&D to limit
its liability for a breach of condition or warranty implied by the Act, B&D’s liability for such breach shall be limited
to the payment of the cost of replacing the Opener or acquiring an equivalent Opener or repairing the Opener.
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©Copyright 2001
B&D Australia
