and is the only warranty given in respect of that
part of the Product.
6 All other components supplied by Supreme
Solar Pty Ltd carry a twelve (12) month limited
warranty and is the only warranty given in
respect of these components of the Product.
Exclusions
7 Supreme Solar Pty Ltd will not be liable under
this warranty where Supreme Solar Pty Ltd’s
reasonable opinion a defect is caused by:
(a) fair wear and tear;
(b) negligent, careless or improper use or
handling;
(c) non-adherence to installation, operating,
cleaning or maintenance instructions;
(d) harsh or adverse Pool/Spa water
conditions;
(e) installation, repair to or alteration of any
product or parts of the system by any
person who has not been authorised by
Supreme Solar Pty Ltd to perform such an
installation, repair or alteration;
(f) act of God, riot, fire or other occurrence
outside normal working conditions; or
(g) by other abuse or misuse caused by the
Purchaser or a third party.
(h) Any damage resulting from vermin
infestation.
8 Subject to clause 9, any condition or warranty
which would otherwise be implied in this
agreement or in relation to the Product is
hereby excluded.
9 Where legislation implies in this agreement
or in relation to the Product any condition
or warranty, and that legislation avoids or
prohibits provisions in a contract excluding or
modifying the application of or exercise of or
liability under such condition or warranty, the
condition or warranty shall be deemed to be
included in this agreement. However, the liability
of Supreme Solar Pty Ltd for any breach of such
condition or warranty shall be subject to clause
14 and any other applicable exclusions set out
in this agreement, be limited, at the option of
Supreme Solar Pty Ltd, to one or more of the
following:
(a) if the breach relates to goods:
(i) the replacement of the goods or
the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of having the
goods repaired; and
(b) if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the
services supplied again.
What Supreme Solar Pty Ltd will do
10 For defects relating to installation of the
Product, Supreme Solar Pty Ltd will, in its
absolute discretion:
(a) repair the Product or pay for the cost of
having the Product repaired; or
(b) replace the Product or supply an equivalent
Product; or
(c) pay for the cost of replacing the Product or
acquiring an equivalent Product;
if the terms and conditions of this warranty
are satisfied. Supreme Solar Pty Ltd will not be
liable for any other loss or damage (including
consequential or indirect damages).
11 Supreme Solar Pty Ltd reserves the right
to charge the Purchaser, at Supreme Solar
Pty Ltd’s current hourly rate, for the cost of
examining the Product if such examination by
Supreme Solar Pty Ltd reveals that the Product:
(a) is not defective; or
(b) is defective as a result of any of the events
specified in paragraph 7.
What the Purchaser must do
12 Any claim under this warranty must be made
at the earliest stage that the defect becomes
obvious to enable prompt action and to avoid
further damage and must be made no later
than one (1) month of the defect becoming
obvious.
13 Any claim for warranty must be accompanied
by appropriate documentation which stipulates
the date of installation, the invoice number,
the details of the alleged defect and any other
information reasonably required by Supreme
Solar Pty Ltd.
14 Purchaser agrees to pursue any claims in
relation to defective products and/or parts
against the manufacturers or suppliers referred
to in clause 3, 4, 5 and 6.
Whole agreement
15 This warranty and any warranties implied by
law which are not capable of being excluded or
modified from the whole warranty agreement
between Supreme Solar Pty Ltd and the
Purchaser and all other warranties, express or
implied, whether arising by statute or otherwise,
are excluded and cancelled.
Governing law
16 This warranty is governed by the laws of the
State specified in paragraph 17(c).
Heatseeker VortexPro (R32) Inverter Heat Pump
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