Warranty and Exclusion of Liability
1. This warranty is an addition to any conditions or warranties that are implied by relevant statute, including the Trade Practices Act 1974 (Cth),
which cannot be excluded or negated.
2. Subject to all of the matters set out below,
Smart Openers
Pty Ltd (“
Smart Openers
“) warrants:
(a)
swing and sliding gate opener drive units for twelve (12) months
(b)
roll-up and overhead door opener drive units for twenty four (24) months
(c)
commercial and industrial door and gate drive units for twelve (12) months
(d)
all components and accessories for twelve (12) months,
from the date of purchase (specified in the sales docket receipt) as free of any defects in material and workmanship.
3. This warranty applies only where the purchaser:
(a)
immediately notifies
Smart Openers
or the retailer of the alleged defect;
(b)
returns the product to Smart Openers or the retailer; and
(c)
presents the relevant sales docket and this warranty document to the retailer and, if so requires, to Smart Openers to confirm the
date of purchase.
4. Defects or damage partly or wholly due to any of the following causes are not covered by this warranty:
(a)
accidental damage to any of the Product or to the Product’s components;
(b)
normal wear and tear to the Product or to the Product’s components;
(c)
flood, rain, water, fire, lightning , storms, any acts of God, contamination or pollution;
(d)
incorrect, improper, inappropriate or unreasonable maintenance and/or use;
(e)
installation, adjustment or use which is not in accordance with the instructions set out in installation instructions incorporated in the
document;
(f)
attempted or complete modification or repairs to the Product or tampering with the Product carried out by a person who is not
authorised by
Smart Openers
to carry out such modification or repairs;
(g)
faulty or unsuitable wiring of structure to which the Product is fixed or connected;
(h)
radio (including citizen band transmission) or any electronic interference;
(i)
blown fuses or damage caused by electrical surges, power surges or power spikes;
(j)
damage caused by insects or any infestation;
(k)
negligence or deliberate damage.
5. Except for this warranty,
Smart Openers
gives no warranties of any kind whatsoever (whether express or implied), in relation to the product,
and all warranties of whatsoever kind relating to the product are, to the extent permissible by statute, hereby excluded and negated.
6. To the extent permissible by statute,
Smart Openers
disclaims any liability of whatsoever nature in respect of any claim or demand for loss or
damage which arises out of:
(a)
accidental or deliberate damage to, or normal wear and tear to, the product or to the product’s components;
(b)
any cost relating to damage resulting from wear and tear;
(c)
blown fuses, loss or damage caused by electrical surges, power surges or power spikes;
(d)
loss or damage due to theft, fire, flood, rain, water, lightning, storms, any acts of God, contamination or pollution;
(e)
door or gate not in safe and correct working order and condition;
(f)
evidence of unauthorised repairs;
(g)
any cost relating to damage caused deliberately or by misuse, negligence or failure to maintain the equipment in a proper working
order, including (without limitation) due to anything described in paragraphs (d) and (e);
(h)
installation, adjustment or use which is not in accordance with the instructions set out in installation instruction manual and owners
manual;
(i)
attempted or complete modification or repairs to the Product or tampering with the Product carried out by a person who is not
authorised or has not been trained by
Smart Openers
to carry out such modification or repairs;
(j)
faulty or unsuitable wiring of structure to which the Product is fixed or connected;
(k)
radio (including citizen band transmission) or any electrical interference;
(l)
damage caused by insects or any infestation;
(m)
loss or damage to any property whatsoever or any loss, damage or expense whatsoever resulting or arising therefrom;
(n)
any consequential, indirect, special or incidental loss or damage;
(o)
any cost or expense arising due to manufacturer recall of any product;
(p)
any cost or expense due to negligence of the approved service provider;
(q)
installation of a residential garage door or gate opener in a commercial or industrial situation or a non-single residential dwelling.
7. Smart Openers
liability under this warranty is limited, at
Smart Openers
absolute option, to replacing or repairing the product which
Smart
Openers
, in its unfettered and absolute opinion, considers to be defective either in material and/or workmanship or to credit the dealer with
the price at which the product was purchased by the dealer.
8. This warranty does not extend to cover labour for installation.
9. This warranty is limited to Return-to-Base (RTB) repair and does not cover labour for on-site attendance.
10. This warranty is void if the Product is not returned to the manufacturer in original or suitably secure packaging.
11. This warranty is only applicable for repairs to the Product carried out within Australia and for Product in Australia.
12. This warranty does not cover consumable items including globes, batteries and fuses.
13. This warranty is not transferable.
14. Where the Product is retailed by any person other than
Smart Openers
, except for the warranty set out above, such person has no authority
from
Smart Openers
to given any warranty or guarantee on
Smart Openers
behalf in addition to the warranty set out above.
Notes:
1. This warranty is to be read in conjunction with the installation manual and owner’s manual.
No part of this publication may be reproduced,utilised,transmitted,or distributed in any form by any means including photocopying,recording,mechanical,
electronic or otherwise by any party,without the written permission from the publisher Smart Openers Pty Ltd Copying without authorisation is ILLEGAL.
© Smart Openers Pty Ltd June 2009. All rights reserved. In an ongoing commitment to product quality and innovation Smart Openers reserves the right
to change and alter specifications and model numbers and types without notice.
D/N: SRSIM140911
Smart Openers Pty Ltd
PO Box 6666 GCMC, Qld 9726
Tel: 1300 366 547 Fax: 1300 366 972
Email: [email protected]
Web: www.smartopeners.com