PRODUCT 2 AND 3 YEAR WARRANTY
AND LIMITATION OF LIABILITY
Coolaroo products are manufacture by Gale Pacific Limited
ACN 082 263 778 (Gale). Gale provides the following
warranty in relation to Coolaroo products (“Product”).
The benefits of this warranty are in addition to any rights
and remedies imposed by Australian Consumer Law, NZ
Consumer Guarantees Act 1993, and state and federal
legislation that cannot be excluded. Nothing in this warranty
is to be interpreted as excluding, restricting or modifying
any applicable legislation to the supply of goods and
services which cannot be excluded, restricted or modified.
WARRANTY
Gale warrants that, subject to the exclusions and limitations
below, all parts of the manufacture and assembly of the
Product will be free from defects in materials and
workmanship, for a period of 2 years for the frame and 3
years for the canopy, from the date of purchase.
If a defect appears in the Product before the end of the
warranty period and Gale finds the product to be defective
in materials or workmanship, Gale will, in its sole
discretion, either:
a) replace or repair the Product or the defective part of the
Product free of charge; or
b) refund the purchase price of the Product.
Gale reserves the right to replace defective parts of the
Product with parts and components of similar quality, grade
and composition where an identical part or component is
not available.
The warranty will not apply where:
a) the Product has been altered or modified by someone
other than Gale or its authorised agent;
b) the alleged defect in the Product is within acceptable
industry variances;
c) Gale cannot establish any fault in the Product;
d) the defect in the Product has arisen due to the
customer’s failure to install and use the Product in
accordance with the instructions provided;
e) the defect in the Product has arisen due to the
customer’s request to customise the Product;
f) the Product has been subject to abnormal conditions,
including environment, temperature, water, fire,
humidity, pressure, stress or similar.
The warranty does not extend to:
a) damage or defects caused by normal wear and tear,
b) water or sun damage; or
c) any other damage caused by the customer placing other
equipment, furniture or material in close proximity to the
Product.
Gale makes no express warranties or representations other
than set out in this warranty.
The repair or replacement of the Product or part of the
Product is the absolute limit of Gale’s liability under this
express warranty.
WARRANTY CLAIMS
1) Upon purchasing the Product, the customer must
register their warranty by completing the Coolaroo
online warranty registration at www.coolaroo.com.
Alternatively, the customer can contact Coolaroo
Customer Service on 1800 331 521 (AU) or 0800 555 171
(NZ) for assistance.
2) If a fault covered by warranty occurs, the customer must
contact Gale using the contact details provided.
3) Any warranty claim must be accompanied by proof of
purchase and details of the alleged defect.
4) The customer must bear the cost of the transport of the
Product to and from Gale or the authorised agent to make
the warranty claim, and all insurance of the Product.
AUSTRALIAN CONSUMER LAW
Nothing in this agreement is intended to have the effect of
contracting out of any applicable provisions of the
Competition and Consumer Act 2010 or the Fair Trading
Acts in each of the States and Territories of Australia, except
to the extent permitted by those Acts where applicable.
This warranty is not transferable, and applies only to the
initial purchaser of the installed Product.
In addition to the above warranty, Australian Consumer law
and other state and territory legislation may imply
warranties or conditions or impose liability on Gale in
relation to the Product or its supply which cannot, or can
only to a limited implied warranties or conditions and such
liability, and for the warranty described above:
a) all warranties and conditions (whether express or
implied, statutory or otherwise) relating to the Product
or its supply are expressly excluded; and
b) Gale will not be liable for any loss or damage suffered by
any person (including the purchaser of the Product) in
any way relating to or arising from the Product or its use
(including loss or damage arising from the negligence of,
or contributed to by, Gale).
If liability for breach by Gale of a warranty or condition or any
other liability imposed on Gale by legislation which cannot be
excluded may be limited, Gale’s liability is limited to the
extent permitted by law, and if liability may be limited in any
one of a number of ways, Gale’s liability is limited in any one of
the permitted ways chosen by Gale in its absolute discretion.
The Purchaser acknowledges that the Purchaser does not
rely on the skill or judgment of Gale as to whether or not the
Products are fit for any particular purpose.
The Purchaser indemnifies Gale from every liability, loss,
damage, cost or expense directly or indirectly incurred or
suffered by Gale caused by or contributed to by the
Purchaser’s failure to:
1) adequately provide or display safety markings or safety
information on or with the Products;
2) comply with any law about the Products or their use;
3) take any reasonable precaution to bring to the attention
of any potential users of the Products any dangers
associated with Products;
4) any negligence or breach of duty by the Purchaser or any
breach by the Purchaser of these terms.
