Evocare LM9434SB, Owner'S Manual

Page: 10 / 11

10
1 . Evocare provides consumers w ith the follow ing warranty in relat ion to thi s Product , in addition to comply ing with the
requirements of any relevan t legislation , including the Compet ition and Consumer Act2010 (Cth) in Au stralia and the
Consumer Guarantees Act 1993 in New Zealand (the Acts), e xcept where a New Zeal and consumer acquires the Product
for the purposes of a bus iness .
2. In th is warranty , we have used the follow ing defin itions :
(a) Form means a warranty claim form issued by Evocare in respect of Products;
(b) Evocare or our mean s Evocare Australia Pty Limited, ABN 98 078 566 604 of Level 19, 144 Edward Street,
Brisbane 4000 ;
(c) Products means the goods manufactured for Evocare (including products manufactured by its contract
manufacturers);
(d) Material me ans a material or component used by Evocare in the manufactur e of the Products ;
(e) Retailer means the authori sed dealer of Product s from whom the Product was purcha sed ;
(f) Warranty Period means the warranty period commencing from the date of purcha se of the relevant Product. If the
Product or part (as the ca se may be) is repaired o r replaced , the re will be no extension to the orig inal warranty per iod;
and
(g) Workmanship means the handling , assembly and manufactur ing proce sses performed by or on behalf of Evocare in
order to manufacture the Products.
3
. Evocare warr ants that for the duration of the Warranty Period , all Products w ill be fr ee of fault s arising from defects in
Workmanship or Materials, on the terms and conditions s et out in this warranty .
4 . Evocare underta kes that if during the Warranty Period any Product , o r any part of a Product , has failed to ope rate
correctly due to faulty Workmanship or defective Material , it will repa ir or replace the Product or part (as the ca se may
be) free of charge provided that the following procedures are met :
(a) The consumer must contact the Retailer or Evocare upon becoming aware of any defect to a Product upon which the
con
sumer will be required to complete a Form and provide sati sfactory proof of purchase .
(b) Evocare will review the Form to determine whether there is a defect , and if so Evocare agrees to (at its option) repair ,
replace or supply equivalent goods , or pay the cost of any of those remedies to the consumer.
(c) If Evocare request s the return of the app licable Product or part , the consume r will be responsible for the collection
and fre ight costs of return ing that Product or part to Evocare .
(d) The con sumer acknowledge s that i t is also responsible for the freight costs to deliver any new Product or replacement
part to it.
5
. This warranty is i n add ition to any non-e xcludable legal r ights or remed ies conferred on the consumer under any
applicable Act and any si milar law s . To the extent permitted by law , Evocare 's liability for any non-excludable condition
or warranty is limited to rectifying any defect at its option , as set out i n paragraph 4(b) .
6 . Subject to the requirements of any appl icable Act or legi slation and to the extent perm itted by law , no liability
(whether expressed or i mplied) of any nature whatsoever , is accepted by Evocare for any consequential loss , dama ge or
injury arising as a result of any fault in the Products .
7 . This warranty does not e xtend to dama ge to Products wh ich occurs during trans it or tran sportation, or which is cau sed
by any abuse , accident or improper installation , connection , use , adjustment or repair or use of goods otherwise than in
accordance with instruction s i ssued by Evocare .
8 . The warranty on Product s is waived if any addit ion or attachment to the Product s do not have Evocare 's approval or
are not s old as Evocare products . The Products are designed to perform specific ta sks under established test loads and
unauthorised attachments may produce s tresses for which the design is not appropriate .
9 . The following applies to consumers who purchased a relevant Product in Australia:
Our good s come with guarantees that cannot be excluded under the Australian Consumer Law . You are e ntitled to a
replacement or refund for a major failure and compensat ion for any other reasonably fore seeable lo ss or damage. You
are also ent itled to hav e the goods repaired or replaced if the goods fail to be of acceptable quality and th e failure does
not amount to a major failure.