au
set out in the table above, commencing from
the date of purchase of the Product by the
Customer.
f.
Workmanship
means the handling, assembly
and manufacturing processes performed by or
on behalf of SDL in order to manufacture the
Products.
3. SDL undertakes that if the Customer wants to
make a claim during the Warranty Period for
any Product, or any part of a Product that has
failed to operate correctly as a result of faulty
Workmanship or defective Material, SDL will
subject to this Warranty, repair or replace the
Product or part (as the case may be) free of
charge (excluding freight costs) to the Customer
as long as the following conditions are met:
a. The Customer must contact the Retailer or
SDL (whose contact details are located at
the bottom of this Warranty), as soon as the
Customer becomes aware of any defect in
the Product. The Customer will be required
to complete a Form and provide to SDL
satisfactory proof of the date of purchase of
the Product;
b. SDL will review the Form and determine
whether there is a defect;
c. If SDL requests the return of the applicable
Product or part, the Customer will be respon-
sible for the collection and freight costs of
returning that Product or part to SDL; and
d. The Customer must pay all applicable freight
costs when claiming under this warranty.
4. If the Product or part (as the case may be) is
repaired or replaced during the Warranty Peri-
od, this Warranty remains based on the original
date of purchase.
5. The benefits given to the Customer in this
Warranty are in addition to any other rights or
remedies under a law in relation to the Products
to which the Warranty applies.
6. This Warranty does not extend to damage to
Products which occurs during transit/transpor-
tation, or loading/unloading before or after
transit/transportation, or which is caused by
any abuse, accident or improper installation,
connection, use, adjustment or repair or use
of goods otherwise than in accordance with
instructions issued by SDL.
7. To the extent permitted by law, the warranty on
Products is waived if any addition or attachment
to the Products does not have SDL’s approval or
are not sold as SDL Products. The Products are
designed to perform specific tasks under estab-
lished test loads and unauthorised attachments
may produce stresses for which the design is
not appropriate.
8. The following applies to Customers who pur-
chased the Product in Australia: In the following
paragraph “goods’ means “Products” and
“you” means the “Customer”.
Our goods come with guarantees that cannot be
excluded under the Australian Consumer Law. 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.
9. Notwithstanding the preceding paragraph,
the liability of SDL for a breach of a consumer
guarantee or any warranty made under these
Warranty terms for any Products not of a kind
ordinarily acquired for personal, domestic or
household use is limited, to the extent permis-
sible by law and at the option of SDL in relation
to the Products supplied, to:
a. The replacement of the Products or the supply
of equivalent Products;
b. The repair of the Products;
c. The payment of the cost of replacing the Prod-
ucts or of acquiring equivalent Products; or
d. The payment of the costs of having the Prod-
ucts repaired.
10. To the extent permitted by law, all other
warranties whether implied or otherwise that
are not set out in this Warranty are excluded
and SDL shall be under no liability in contract,
tort (including without limitation, negligence
or breach of statutory duty) or otherwise to
compensate the Customer for:
a. Increased costs or expenses;
b. Any loss of profit, revenue, business, contracts
or anticipated savings;
c. Any loss or expense resulting from a claim by
a third party; or
d. Any special, indirect or consequential losses or
damage of any nature whatsoever caused by
SDL’s failure to complete or delay in complet-
ing the order to deliver the Products.
11. This Warranty is not applicable outside
Australia.
CONTACT INFORMATION
Glen Curtin
Seating Dynamics Pty Ltd.
Unit 3A, 6 Boundary Rd, Northmead, NSW 2152
Telephone: 1 300 845 483 • Int +61 2 8838 3100
Facsimile: +61 2 9012 0087 • Email: [email protected]
For more information on Bodypoint products, and a list of distributors outside the
USA go to www.bodypoint.com.