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b) damage, problems or failure caused by weather including, but not limited to, hail, salt or other corrosive
substances;
c)
Product which has been installed in a portable or mobile building, structure or application including, but not limited
to, a caravan or boat;
d) Product which is being re-installed at a location other than the original site;
e) any consumable item supplied with the Product including, but not limited to, an air filter, battery, fan belt, igniter or
cooler pad;
f)
installation of third-party components that may be attached to the Product. These include, but are not limited to,
control wiring, ducting, return air filter(s) grille, register, diffuser, zone motors, controls/thermostats, pipe work and
fabricated or added components. These items remain solely the responsibility of the Qualified Installer;
g) installations where electrics/electronics may be subjected to moisture/chemicals (e.g. swimming pools or
nurseries);
h) any repair, which is needed as a result of an accident, misuse, abuse or negligence;
i)
Product that is utilised in an environment (indoor and outdoor) outside its specified operating range; and
j)
fair wear and tear to the Product.
5
Limitations
a) Product fitness for purpose and overall system design, sizing and application are not the responsibility of Brivis.
This includes but is not limited to the heat load calculations, airflow and system balancing.
b) This Warranty does not apply to any Product installed at an Installation Site which is outside Australia or New
Zealand.
c)
Except where inconsistent with the purchaser’s statutory rights and the rights given by this Warranty, all of the
warranties and all liabilities of Brivis for any direct, special, indirect or consequential loss or damage, any damage
or expense for personal injury or any loss or destruction of property arising directly or indirectly from the use or
inability to use the Product or any of its parts and servicing the Product, are expressly excluded.
6
Travel, Transport & Access Costs
6.1 The Purchaser must pay freight charges, in-transit insurance expenses and travelling costs for repairs/replacements
under this Warranty, that are required to be performed 100km or more from the nearest Brivis branch or Authorised
Service Representative.
6.2 Subject to clause 6.3, Brivis will pay freight charges, in-transit insurance expenses and travelling costs for
repairs/replacements that are required to be performed less than 100km from the nearest Brivis branch or Authorised
Service Representative. In this circumstance:
a) Brivis will arrange for such repairs/replacements and make any payment directly to the third party to provide the
freight, in-transit insurance or travel services; or
b) if Brivis considers appropriate, it will authorise the Purchaser in writing to pay for the relevant freight charges, in-
transit insurance expenses or travelling costs and then, upon provision by the Purchaser to Brivis of a tax invoice
showing those costs have been incurred, reimburse the Purchaser for such costs which are within the terms of the
authorisation. If the Purchaser pays for the relevant freight charges, in-transit insurance expenses or travelling
costs without written authorisation from Brivis, Brivis will not reimburse the Purchaser for such costs.
6.3 The Purchaser must pay all costs and expenses in respect of:
a) making the Product accessible for service. For example, restricted access or working at heights, or the labour cost
for an additional person due to OHS requirements;
b) providing a safe working environment for installation, service, maintenance or repair of the product;
c)
any surcharge applicable in respect of supplying replacement parts outside Normal Business Hours; and
d) any other costs and expenses in relation to claiming the Warranty that is not covered by clause 6.2.
