WOOD
HEATER
LIMITED
WARRANTY
1. DEFINITIONS
In this Warranty:
(a)
T
Compliant Claim
means a claim made by the Consumer under
this warranty which complies with subclauses
TX
4.2
X
and
X
4.3
X
(as
appropriate);
(b)
T
Consumer
means the legal entity who originally purchased the
Product;
(c)
T
Date of Purchase
means the date on which the Consumer
purchased the Product as evidenced by either the original
purchase receipt or any statutory declaration accepted by the
Manufacturer pursuant to subclause
X
4.3
X
;
(d)
T
Domestic Use
means personal, domestic or household use or
consumption;
(e)
T
Excepted Defect
means any defect, corrosion, scratches, dents,
discolouration, cracks, weathering or other damage or
destruction caused by:
(i)
T
normal wear and tear;
(ii)
T
damage caused during transit;
(iii)
T
spills such as water, acid, solvents, dyes or other corrosive
materials, abrasive chemical cleaners, ink, paint or bodily
fluids;
(iv)
T
exposure to the elements including sunlight, rain, flood,
fire and hail, or external radiating heat;
(v)
T
corrosion;
(vi)
T
flue system blockage;
(vii)
T
the product being used other than for its intended purpose;
(viii)
T
cleaning, lack of maintenance, improper installation; and
(ix)
T
intentional, deliberate, malicious, negligent or reckless
acts.
(f)
T
Manufacturer
means Cohen Nominees Pty Ltd (ACN 008 526
994) t/as Sonny Cohen & Son;
(g)
T
Natural Defect
means any defect or flaw caused or created by a
natural characteristic of the Product;
(h)
T
Product
means the Sunco brand Wood Heater purchased by the
Consumer;
(i)
T
Product Guide
means the
T
manufacturer’s installation guide and
operating instructions for the Product;
T
and
(j)
T
Warranty Claim Form
means the form approved by the
Manufacturer from time to time for making claims under this
warranty.
2. WARRANTY
2.1
Subject to subclause
X
2.2
X
, if a defect appears:
(a)
in the steel firebox, within the period of 5 years;
(b)
in any other part of the Product, within 12 months;
from the Date of Purchase the Manufacturer will at its election
either:
(c)
replace the Product;
(d)
repair the Product;
(e)
supply an equivalent product; or
(f)
make payment to the Consumer of the cost determined by
the Manufacturer to be the fair and reasonable cost of
either: replacing the Product, acquiring an equivalent
product or having the Product repaired.
2.2
If the Manufacturer elects to repair the product, all repairs will be
undertaken at the Manufacturer’s premises in the Australian
Capital Territory. Repair does not extend the warranty.
2.3
The warranty contained in subclause
X
2.1
X
does not apply:
(a)
to defects which are Excepted Defects or Natural Defects;
or
(b)
if the Product is not installed according to the Product
Guide, in accordance with all applicable standards, codes
of practice or legal regulations, or to the standard
reasonably to be expected of a competent and
appropriately qualified tradesman;
(c)
if the Product has not been operated in accordance with
the Product Guide including but not being limited to the
use or incorrect fuel, or failure to provide adequate draught
or ventilation;
(d)
if the Product, including but not being limited to the heater
and flue system, are not serviced or maintained in
accordance with the service and maintenance schedule
contained in the Product Guide; or
(e)
if the Purchaser has made unauthorised repairs or
modifications to the Product during the warranty period; or
(f)
if the Consumer has purchased or used the product other
than for Domestic Use.
3.
LIMITATION OF LIABILITY
3.1
The benefits given by this warranty are in addition to any other
rights and remedies that the Consumer may have under any law
which applies in relation to supply of the Product.
3.2
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.
3.3
However, all statutory conditions, warranties and guarantees that
may be excluded are expressly negated.
3.4
To the extent that liability for breach of a statutory condition,
warranty or guarantee cannot be or is not excluded from this
warranty but can be limited, liability is so limited at the
manufacturer’s discretion to either:
(a)
replacing the goods or supplying equivalent goods;
(b)
repairing the goods; or
(c)
payment of the cost of replacing the goods or acquiring
equivalent goods; or
(d)
payment of the cost of having the goods repaired.
4.
CLAIMS PROCEDURE & EXPENSES
4.1
The cost of making a claim under this warranty shall be borne by
the Consumer. This includes, without limitation, the freight and
transport costs to/from the place of repair.
4.2
To make a claim the Consumer must complete a Warranty Claim
Form (available by telephoning (02) 6280 4433 or by download
from
U
www.sunco.com.au
U
) attaching the original purchase
receipt and photographs of the relevant damage and either:
(a)
email same to
U
U
;
(b)
post same to P.O. Box 31, Fyshwick ACT 2609; or
(c)
fax same to (02) 6280 7667.
4.3 If at the time of submitting a claim under this warranty the
Consumer has misplaced or is unable to locate the original
purchase receipt the Manufacturer may in its discretion
nonetheless accept the claim if it is supported by a statutory
declaration made under the
Statutory Declarations Act 1959
(Cth) attesting to:
(a)
the place, date and time of purchase;
(b)
the name and address of the retailer from whom the
product was purchased; and
(c)
the circumstances in which the original purchase receipt
was lost or misplaced.
4.4
The Manufacturer is under no obligation to respond to any claim
made by the Consumer under this warranty which is not a
Compliant Claim.
4.5
The Manufacturer will contact the Consumer within 14 days of
receipt of a Compliant Claim and advise whether the claim is
accepted and, if so, how the Manufacturer proposes to respond
under subclause
X
2.1
X
.
5. MISCELLANEOUS
5.1
Non-Transferrable
. This warranty only applies to the Consumer
and is non-transferable.
5.2
Governing Law
. This warranty shall be governed by and
construed in accordance with the laws of the Australian Capital
Territory and the parties submit themselves to the exclusive
jurisdiction of the Courts of that jurisdiction and those that have
jurisdiction to hear any appeals from them.
5.3
Severability
. If any of the provisions of this warranty shall be
unlawful, void or unenforceable for any reason, the provision
shall be deemed severable to the extent that it is lawful, void or
unenforceable, but shall not affect the validity or enforceability of
the remaining provisions.