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Warranty and sales contract
By purchasing and fitting a Quadbar, the purchaser enters into this contract agreement with the manufacturer of the Quadbar.
The Manufacturer supplies a multifit model Quadbar in good faith but does not guarantee that it will fit all makes and models, or
that the points used to mount the Quadbar or the Quadbar have sufficient strength to withstand the forces of all rollovers.
The Purchaser is responsible for determining the suitability of the Quadbar
to the specific use, make and model of quad bike that
Purchaser intends to fit the Quadbar to, and understands there may be some risks of increased injury in some cases
Manufacturer (Principal)
The Manufacturer claims, subject to the conditions below, that the Quadbar is designed to reduce the overall risk of injury in the
event of a rollover, when the quad bike is used in a responsible manner and in accordance with the quad manufacturer’s
recommendations, having regard to all changes including vehicle dynamics arising from the fitting of the Quadbar.
The Quadbar Manufacturer provides warranty only on the replacement of parts including delivery to the Installer or, if there is no
Installer, the reseller, when the parts are deemed by the Manufacturer in the
Manufacturer’s absolute discretion
, when undue
wear and tear occurs (not resulting from misuse) within a 12-month period after the sale of the product.
Warranty does not include
the Manufacturer accepting any liability for all or any damage to the Quadbar, quad, persons, property
or third party of any type. Furthermore, warranty excludes liability for, but not restricted to the following:
1.
corrosion of any type.
2.
abuse or misuse.
3.
damage in any event, including roll over.
4.
incorrect or poor instillation, construction or fitment.
5.
fitting of the Quadbar for inappropriate use.
6.
changes in vehicle dynamics.
7.
breach of conditions, maintenance and safety requirements.
8.
damage in transport.
9.
injury of any type.
If, despite the above, the manufacturer is found liable to pay damages to any property or person, that liability shall, to the full
extent allowed at law, be limited to the cost of replacing the defective part or parts or the sum of AU$600.00 whichever the
Manufacturer in its absolute discretion shall elect.
Installer
The Quadbar
is supplied in kit form. The person or entity fitting the Quadbar is referred to as the “Installer” and is responsible for:
1.
assessing the suitability and soundness of the quad bike to which the Quadbar is to be fitted.
2.
the suitability, strength and soundness of the mounting points.
3.
the correct and secure fitment.
4.
ensuring all components are in sound order prior to fitment.
5.
Replace (at Installers cost) any safety labels/ decals obstructed by the fitting of the Quadbar in an appropriate visible
position
The Installer is responsible for all labour costs of construction and fitting. In the event of a warranty claim or recall
the Installer is
responsible for all labour costs and must return any suspected defective parts to the place of purchase (at Installer own cost) for
assessment by the Manufacturer or its agents of the warranty claim.
The Installer may in writing assign the role of Installer to the Purchaser. The Purchaser may often also be the Installer.
Purchaser
The Purchaser (and other users) of the Quadbar agree to the Warranty and Sales Contract Terms as set out above.
The Purchaser (and other users) of the Quadbar agrees to:
1.
abide by any safety directions printed on
the Quadbar, the owner’s manual or any other safety directions.
2.
assess any benefits, risks and limitations which may occur from use, including the use of other attachments and towed
accessories.
3.
include any other safety measures appropriate to use, such user training, personal protective equipment (PPE) etc.
4.
not take unnecessary risks that may increase the likelihood of rollover because a Quadbar is fitted.
5.
maintain the Quadbar in sound condition.
6.
replace the Quadbar in the event of an event that might case damage; including and contact or rollover.
7.
agree that the Quadbar is supplied (not withstanding manufacturing, testing and distribution lag time) with the design,
materials, current available technology and knowledge available at the time of manufacture.
The Purchaser warrants with the Principal that the Purchaser shall ensure that each user of the Quadbike to which the Quadbar
has been fitted is the agent of the Purchaser when using the Quadbike and uses the same subject to the Warranty and Sales
Contract and the Purchaser will indemnify and save harmless the Principal for all and any liability the Principal may have to any
such user as a result of any alleged failure of the Manufacturer, the Distributor or the Constructor in respect of the manufacture,
assembly, distribution, sale and/or installation of the Quadbar.
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In the event of any incident/ loss of control event please contact the manufacturer regarding the details of the event
including and damage or injuries and the circumstances of the event. Email [email protected]
