© Enware Pty Ltd
www.enware.com.au
27
3. Our responsibilities
(a) In the event that the Supplier is reasonably satisfied that there is a defect in the relevant
Product within the applicable Warranty Period, the Supplier will, at its option, replace the
Product, supply an equivalent product or repair the Product, free of charge. Your costs in
making a warranty claim under this Warranty Statement, including any costs in relation
to freight, collection, delivery and installation, are to be borne and paid by you. However,
if in respect of a Product, it is indicated in the Warranty Table that labour support will be
provided, and the Supplier is reasonably satisfied that a defect in the Product takes place
during the period that labour support will be provided as indicated in the Warranty Table, the
Supplier will bear the costs for delivery, repair and installation of the replacement Product
(as applicable).
(b) TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO PARAGRAPH 4 BELOW
AND THE OPERATION OF THE AUSTRALIAN CONSUMER LAW:
(i) THE WARRANTY SET OUT IN THIS WARRANTY STATEMENT IS GIVEN
EXPRESSLY AND IS THE ONLY WARRANTY GIVEN BY THE SUPPLIER WITH
RESPECT TO THE RELEVANT PRODUCT;
(ii) THE SUPPLIER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED;
(iii) THE SUPPLIER HEREBY SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
AND
(iv) THE REMEDY DESCRIBED IN THIS WARRANTY STATEMENT SHALL
CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY,
AND THE SUPPLIER SHALL NOT BE RESPONSIBLE FOR ANY INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR THE COST OF REPAIRING
OR REPLACING OTHER PROPERTY WHICH IS DAMAGED IF THE PRODUCT DOES
NOT WORK PROPERLY.
4. Australian Consumer Law
This paragraph 4 applies if you are a ‘Consumer’ (as defined in section 3 of the Australian
Consumer Law (
ACL
)) and the Product or services supplied to you falls within the goods or
services which, for the purposes of the ACL, are of a kind ordinarily acquired for personal,
domestic or household use or consumption.
The Products and services provided by the Supplier come with guarantees that cannot be
excluded under the ACL, and noting in this Warranty Statement should be interpreted as
attempting to exclude, restrict or modify such guarantees or your rights under the ACL. For
major failures with any services, you are entitled:
(c) to cancel your service contract with us; and
(d) to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with Products. If a
failure with the Product or a service does not amount to a major failure, you are entitled to have
the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the
Products and to cancel the contract for the service and obtain a refund of any unused portion.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage
from a failure in the Products or service’.
5. Warranty table
*the applicable period commences on the date of delivery of the Product.
PRODUCT GROUP
PRODUCT SERIES
CODES
WARRANTY
PERIOD (YEARS)*
LABOUR SUPPORT
(YEARS)*
Aquablend
Thermostatic
Mixing Valves and
Spare Parts
ATM, ATMV
5
5