Document Number:
Revision: 0
CONTROLLED DOCUMENT
Copyright © 2015, Weir Minerals Australia Ltd. All rights reserved.
Page 2-7
Issue Date: 23 February 2015
HYDRAU-FLO
®
Safety
2.11 Warranty
If within a period of 36
months from the date of delivery (“warranty period”) the Equipment is found to be defective in
materials or workmanship, or do not conform to any applicable drawings and specifications approved in writing by Weir
Minerals Multiflo
®
do not perform in accordance with the current applicable water performance curves supplied as part
of the Weir quotation or published by Weir as at the date of the quotation (within the tolerances specified in applicable
Australian Standards), then Weir will, at its option, either repair or provide replacement parts or Equipment provided
that:
a) Purchaser has given written notice to Weir of any alleged defect within the warranty period;
b) Purchaser has provided Weir a reasonable opportunity to perform all appropriate tests on the Equipment;
c) The defective Equipment or parts are promptly returned to a designated Weir service centre. Any defective
Equipment or parts replaced will become Weir property and the repaired or new Equipment or parts will be
delivered fr
ee to Purchaser’s site; and
d) No warranties are given by Weir as to the performance of components other than in a test facility designated by
Weir.
For repaired Goods, excluding rubber lining, the warranty period is 6 months from the date of repair and shall only
apply to Goods or parts repaired or replaced by Weir. No separate warranty shall apply to repair Goods as a whole or
to parts not repaired or replaced by Weir. This warranty does not apply to repair of rubber
The warranties given by Weir above do not cover:
a)
Fair “wear and tear”, or failures or damage not reported to Weir within the warranty period;
b) Failures or damage due to misapplication, abuse, improper installation or abnormal conditions of operation;
c) Failures or damage due to operation, either intentional or otherwise, above or below rated capacities or in an
otherwise improper manner;
d) Failures or damage resulting from Goods which have been in any way tampered with or altered by anyone
other than an authorised representative of Weir;
e) Goods damaged in shipment or without the fault of Weir;
f) Failures or damage resulting from the incorporation of, or failure of, non-Weir manufactured or supplied parts in
the Goods; or
g) Repairs to rubber lining.
Weir does not warrant any equipment or other goods of other manufacturers which is designated by Purchaser or
purchased by Weir for resale to Purchaser either separately or as a part of or operating in conjunction with equipment
or other goods manufactured by Weir. For such equipment or other goods, Purchaser must rely on the warranty given
by the manufacturer of the equipment or other goods.
When Weir supplies Services to Purchaser including laboratory testing, process development, equipment selection,
design (as part of design and manufacture), detail, contract supervision and contract management, Weir shall exercise
due care and skill in undertaking such Services. Weir’s total liability under any contract shall in no event exceed the
total price of the Goods and/or Services supplied.
If any term, condition, guarantee or warranty is implied by law, including the Australian Consumer Law, which cannot
be excluded or modified, then the term, condition, guarantee or warranty shall be deemed to be included and the
exceptions and limitations do not apply to such term,
condition, warranty or guarantee, provided that Weir’s liability for
a breach of or failure to comply with any such term, condition, warranty, or guarantee (other than a guarantee under
sections 51, 52 or 53 of the Australian Consumer Law) including any consequential loss which the Purchaser may
sustain, shall be limited, at the option of Weir, to either replacing or repairing the Goods or, in the case of Services, to
supplying the Services again.
All conditions, warranties, terms, undertakings, representations, guarantees and obligations, not expressly set out in
any written contract, whether arising under statute, common law, equity, custom, trade usage or otherwise (including
without limitation, any implied condition, warranty, term, representation or guarantee as to the correspondence of the
Goods or Services with any contract description or as to merchantable quality, fitness for any purpose or safety of the
Goods or Services, or operating performance where such performance is conditional on empirical factors or on the
whole installation or on the individual or overall operation or on the skills of an operator), whether made known or not
and any liability of Weir to compensate or indemnify any person or persons in respect of the foregoing, are expressly
negatived and excluded;
