c.
d.
a.
a.
b.
c.
d.
e.
f.
g.
h.
i.
Customers of
Kelco Products
shall comply with all applicable laws and regulations of Australia and/or other relevant countries with regard to security
export/import control, when exporting/importing
Kelco Products
and/or technical documents or providing such products and/or documents to a non-
resident of Australia. At its discretion
Kelco
may not provide customers with
Kelco Products
and/or technical documents should they fail to comply with
such laws and regulations.
Applications under conditions or environments not described in any of the Brochures and Technical data sheets.
Kelco Products
are not intended for use in Hydrocarbons other than Dieseline.
4. Warranty
Kelco
warrants that
Kelco Products
will perform in accordance with the specifications set out in the Technical data sheets, subject to and in accordance
with the following:
(1) Warranty period: The
Warranty
shall apply for 12 months from the date of original purchase of
Kelco Products
by the customer. .
(2) Sole Remedy: Unless required to do otherwise as a result of statutory guarantees applicable under
ACL
,
Kelco
will provide, at its own discretion,
either of the following two services as the sole remedy for a malfunctioning
Kelco Product
:
Repair of the malfunctioning
Kelco Product(s)
or components by
Kelco
or
Kelco
authorised dealer at no charge to the customer, or
Replacement of the malfunctioning
Kelco Product(s)
or components by
Kelco
or
Kelco
authorised dealer with the same number of
replacement/alternative products or components at no charge to the customer.
(3) Exceptions: This
Warranty
of
Kelco Products
does not apply if the cause of the malfunction falls under any of the following:
Usage in a manner other than the original intended use for the
Kelco Products
or component thereof.
Usage other than as described in the
Usage Conditions
.
Usage that is not in accordance with Section 2 (Descriptions) and Section 3 (Precautions) above.
Modification or repair made to the
Kelco Products
by persons other than
Kelco
.
Causes which could not have been foreseen with the level of science and technology at the time of shipping from
Kelco
.
Replacement or repair of any (1) consumables (including cables, paddles and circuit boards), or (2) lost parts or accessories.
Service of any product whilst it is outside Australia.
Causes originating from other than
Kelco
or
Kelco Products
(including force majeure such as but not limited to natural disasters)
Causes from any environmental factors. Such factors may include but are not limited to water or chemical ingress, fire damage, lightning damage,
mechanical damage, sun damage or degradation, failure due to over-heating, freezing or vibration. Failure due to customers over tightening threads or
fittings. Failure due to power supply fluctuations, surges, spikes, brown outs. or AC supplies that do not provide a pure sine wave output.
(4) If you intend to make a claim under this
Warranty
you must contact
Kelco
to register your claim by telephone on (02)99056425 and provide the
following details to enable
Kelco
to assess the claim: (i) proof of purchase; (ii) evidence of the particulars of the claim that gives rise to the application of
the
Warranty
; (iii) confirmation that the cause of the malfunction was not an Exception set out above; and (iv) your phone number, email and address
details.
You must provide or make the
Kelco
product
available to
Kelco
for evaluation. If you are required to return the product to
Kelco
for repair replacement or
evaluation,
Kelco
will provide delivery details and a return goods authorisation number to you. The
Kelco Products
will be at the owner's risk whilst in
transit to and from
Kelco
, unless transported by
Kelco
or its authorised representatives.
The
Kelco Product
presented for repair may be replaced by refurbished products of the same type rather than being repaired. Refurbished
parts may be used to repair the product.
To the extent permitted by law replacement of the product or a part does not extend or restart the Warranty Term.
5. Non-excludable Statutory Guarantees
(1) The
Warranty
is given by
Kelco
in addition to other rights and remedies which you may be entitled to under by law, nothing contained in this
agreement excludes, restricts or modifies any condition, guarantee, warranty or other obligation which is applicable to or is conferred on
Kelco
pursuant
to law where to exclude, restrict or modify any such condition, warranty or other obligation is unlawful. (2) Australia: To the extent that you are a
consumer for the purposes of the
ACL
,
Kelco Products
come with guarantees that cannot be excluded under the
ACL
. You are entitled to a replacement
or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or
replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. “Acceptable Quality” and “major failure” have the
meaning they have in the ACL. (3) New Zealand: For
Kelco Products
provided by
Kelco
in New Zealand, the
Kelco Products
come with a guarantee by
Kelco
pursuant to the provisions of the Consumer Guarantees Act, section 345(1)(i) of the Contract and Commercial Law Act 2017 and the Fair Trading
Act. Where the
Kelco Product
was purchased in New Zealand for commercial purposes the Consumer Guarantee Act does not apply.
6. Disclaimer and Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW:
(1) SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, OTHER THAN AS STATED IN SECTION 4 ABOVE AND SELLER DISCLAIMS AND
EXCLUDES ANY WARRANTY OF ANY OTHER KIND. (2) THE SOLE AND EXCLUSIVE REMEDY FOR MALFUNCTIONING KELCO PRODUCTS
SHALL BE AS SET FORTH IN SECTION 4. ABOVE. (3)
KELCO
AND THE DISTRIBUTORS OF
KELCO PRODUCTS
ARE NOT LIABLE FOR ANY
DAMAGES WHICH MAY ARISE FROM OR BE RELATED TO
KELCO PRODUCTS
.
7. Confidentiality:
You accept that if you make a
Warranty
claim,
Kelco
and its agents may exchange information in relation to you to enable
Kelco
to
meet its obligations under this
Warranty.
8. Export/ Import Controls
Kelco
may seek reimbursement of any costs incurred by them when the
Kelco
product is found to be in good working order.
Kelco Engineering Pty Ltd
ABN 20 002 834 844
Head Office & Factory
9/9 Powells Road,
Brookvale 2100 NSW Australia
Postal Address
PO Box 7485 Warringah Mall
Brookvale 2100 NSW Australia
Phone: +61 2 99056425
Fax: +61 2 9905 6420
Email: [email protected]
Web: www.Kelco.com.au
PLEASE NOTE: Kelco Engineering Pty Ltd reserves the right to change the specification of this product without notice. Users will use their own judgment to determine the appropriateness of using Kelco Products in an application, any safety measures required and that the product is properly installed for that application .
To the extent permitted by law Kelco Engineering Pty Ltd disclaims and excludes all and any liability for the use of this product in any particular application or for defective installation. Kelco switches are warranted against malfunction by a 12 month return to base manufacturer’s warranty. Full details of our warranty and
limitation of liability can be found in this document or downloaded from: http://www.kelco.com.au/warranty
All rights reserved copyright Kelco Engineering Pty Ltd © 2022
