Supreme Heating HEATSEEKER, Installation & User Manual

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Heatseeker Solar Pool Heating
Installation & User Manual
maintenance instructions;
(d) harsh or adverse Pool/Spa water
conditions;
(e) repair to or alteration of any parts of the
system by any person who has not been
authorised by Supreme Solar Pty Ltd to
perform such a 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.
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 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).
Defined terms
17 (a) Purchaser The person who has purchased
the Product and is able to
produce proof of such purchase
(b) Product Supreme Solar Pty Ltd solar
pool heating system
(c) Governing law
(paragraph 16): Victoria, Australia
Consumer guarantee
18 This warranty is provided in addition to
consumer guarantees and does not alter, limit or
replace them.