WARRANTY
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A. The Manufacturer, B&D Australia, a member of the Clyde Group ("B&D") of 34-36 Marigold Street, Revesby subject o the terms set out herein, hereby warrants to the original
retail purchaser ("the Buyer") that the B&D Controll-A-Door ('the Unit") including every major component part thereof will be free from defects in materials and workmanship in
normal use, service and operation:
(i) for a period of two (2) years
(a) where the residential unit is installed in and for the purposes of domestic or residential applications, and
(b) where the industrial unit is installed in and for the purposes of industrial or commercial applications, or
(ii) for a period of three (3) months
(a) where the residential unit is installed in and for the purposes of industrial or commercial applications and
(b) where the industrial unit is installed so that it is subject to over one thousand (1000) operations in any 3 months.
Such warranty periods shall run from the date of delivery of the Unit where delivery is effected by B&D or one of its Authorised Distributors listed in the Owners
Handbook supplied with the Unit or from the date of purchase in any other case.
B. (i) Notwithstanding anything heroin where the Unit has been installed by B&D or an Authorised Distributor, the period of warranty provided for in paragraph A above shall run
from the date of such installation and the Buyer shall be entitled o free service by B&D or its Authorised Distributor to remedy any defects covered by this Warranty. The
Buyer will pay or any service call made by B&D or its Authorised Distributors when in the opinion of B&D these calls are made for the purpose of adjustment which is
described in the Owner's Handbook.
(ii) Where the Unit has not been installed by B&D or an Authorised Distributor, B&D, in addition to any warranty which may be offered by the party who installed the Unit, will
within a reasonable period of time alter notification of the defect by the Buyer and on return of the defective pail or Unit o B&D repair or, at its option, replace any detective
part or Unit covered by this Warranty without charge provided that all costs of disconnection, reinstallation and freight shall be borne by the Buyer.
C. Notification and Proof to be given by the Buyer
In the event of any defect in the Unit arising, the Buyer must notify directly either B&D at the above address or an Authorised Distributor and must establish to the reasonable
satisfaction of B&D or such Distributor the date of purchase or installation (as the case may be) by way of invoice or installer stamp on the Warranty Form contained in the
Owners Handbook.
D. Future Modifications
B&D may make such modifications to any existing or future models of the Unit as it may deem necessary without insuring any obligation to incorporate such
modifications in Units previously sold or to which this Warranty may relate.
E. General
Subject to paragraph F below, the obligations of B&D or an Authorised Distributor under this Warranty are limited to those contained herein and this Warranty is the only
warranty made by a person authorised by B&D in writing and is exclusively and expressly in lieu of all other warranties permitted to be excluded by law whether those
warranties are express, implied, under the common law or by statute and the terms of this Warranty may not be modified by any person, firm or corporation other than B&D.
F. Exclusion
Notwithstanding the terms herein but subject to paragraph H herein, the Warranty shall not apply and B&D or its Authorised Distributors will be relieved of all obligations,
responsibilities and liabilities (direct or consequential) in the event that defects it or malfunctions of the Unit are directly or indirectly in the opinion of B&D due to or result from: -
(i) lack of proper maintenance or care of the Unit;
(ii) incorrect or unreasonable use;
(iii) faulty installation or adjustment of the Unit or door to which the Unit is connected where such installation or adjustment is not carved out by B&D or one of its
Authorised Distributors,
(iv) failure to observe any instructions or directions provided with the Unit or given to the Buyer by the installer;
(v) modifications or repairs made or attempted to be made by any person not Authorised by B&D
(vi) faulty electrical wiring of structures to which the Unit is affixed; or
(vii) radio (including citizen band transmissions) or other electronic interfere
Notwithstanding the terms heron but subject to paragraph H, this Warranty: -
(a) does not apply when the Unit is supplied with or fitted to any door or other closing device which is not manufactured or sold as an authorised B&D door or, where it is an
authorised B&D door, is not of the type or condition specified as suitable for installation of the Unit in the Owners Handbook Annex, Installers Instructions, at page 3; and
(b) does not cover and shall not relate to batteries or globes supplied with the Unit and B&D or its Authorised Distributors shall not be liable for any defect, malfunction or
failure of such items.
G. This warranty constituted by paragraphs A to F above shall apply only to purchasers who are Australian residents. In the case of original retail sales to persons other than
Australian residents, B&D, subject to paragraph H below, limits its liability absolutely to the extent permitted by law.
H. Statutory Warranties
IT IS EXPRESSLY PROVIDED THAT THIS WARRANTY OR ANY TERMS AND CONDITIONS OF IT OR OTHER STATEMENT CONTAINED IN THIS DOCUMENT THE
OWNER'S HANDBOOK OR OTHER LITERATURE GIVEN TO THE BUYER 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 UNIT OR ALL OR ANY OF
THE PROVISIONS OF DIVISIONS 2 AND 2A OR PART V OF THE TRADE PRACTICES ACT, 1974 ( THE ACT ) AS AMENDED OR THE EXERCISE OF A RIGHT
CONFERRED BY SUCH A PROVISION OR ANY LIABILITY OF B&D OR ITS AUTHORISED DISTRIBUTORS FOR BREACH OF A CONDITION OR WARRANTY IMPLIED
BY SUCH PROVISIONS OR ANY OTHER CONDITIONS OR WARRANTIES IMPLIED BY AND 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 A CONDITION OR WARRANTY IMPLIED BY THE ACT, THEN B&D'S LIABILITY FOR SUCH BREACH SHALL BE LIMITED TO
THE PAYMENT OF THE COST OF REPLACING THE GOODS OR ACQUIRING EQUIVALENT GOODS OR OF REPAIRING THE GOODS.
I. RE-SUPPLIER INDEMNITY
This Warranty shall not apply to any person or body other than the original retail purchaser of any Unit from B&D or its Authorised Distributor.
Except to the extent provided herein, B&D or its Authorised Distributors shall have no liability (including liability in negligence) to any person or body for any loss or damage
consequential or otherwise, howsoever suffered or incurred, by any such person or body in relation to the Units or the services provided in respect of the Units and without
limiting the generality thereof, in particular
loss or damage consequential or otherwise howsoever suffered or incurred by any such person or body, caused
resulting
directly or indirectly from the supply of services or from any failure, breakdown, defect or deficiency of whatsoever nature or kind in the Units
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any
by or
FILL THIS IN NOW FOR YOUR RECORD
Name:.....................................................................................................................................................................................................................
Address: .................................................................................................................................................................................................................
Purchased from: .....................................................................................................................................................................................................
Installed by: ............................................................................................................................................................................................................
Installed on (date):..................................................................................................................................................................................................
(Onus on owner for proof of purchase date)
PATENTS AND REGISTERED DESIGNS APPLIED FOR. Driving arrangement, Drive unit, Disengagement mechanisms, Electronic
programme, limit setting, code setting, solenoid locking, Ring gear, Drive Unit cover, Lamp housing, Chassis, Hand transmitter.