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 – failure to have the door serviced annually may void this warranty.
(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 Approved Distributors.
(v) Failure to observe any instructions or directions provided with the Opener or given to the Purchaser by B&D or
an Approved 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 (including citizen brand transmissions) or other electronic interference.
(ix) Water damage, including effects from rust and corrosion.
(x) Use with doors locked.
11. The warranty contained in Clause 3 does not cover batteries or LED lights 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.
13. This warranty shall be governed by and construed in accordance with Australian law if the opener was purchased
in Australia, or New Zealand law if the opener was purchased in New Zealand.
14. Upon making a claim under this warranty the purchaser must produce proof of the date of purchase, together
with the details set out below:
Purchased From:
Installed By:
Installed Date:
The Purchaser shall complete this certificate and keep it together with a copy of the receipt of purchase in a safe
place – production of such information will assist the handling of a claim made under this warranty.
Warranty
Diamond PD
Power Drive
: Instruction Manual
© Copyright 2007 B&D Doors
33
Controll-A-Door
®
P
Diamond
Instruction Manual
