July 2020 |
Page
4
NSW/WA/SA/ACT
02 8708 4400
VIC/TAS
03 8773 5300
QLD/NT
07 3442 6200
www.
acprod
.com.au
Product & Installation Manual: MAX-Tension
TM
TL-2
Limited Warranty
Australian Construction Products (ACP) has tested
the impact performance of its barrier systems
and crash cushion systems, and other highway
safety hardware under controlled conditions,
however, ACP does not represent nor warrant that
the results of those controlled conditions would
necessarily avoid injury to persons or property.
ACP EXPRESSLY DISCLAIMS ANY WARRANTY
OR LIABILITY FOR CLAIMS ARISING BY
REASONS OF DEATH OR PERSONAL INJURY
OR DAMAGE TO PROPERTY RESULTING
FROM ANY IMPACT, COLLISION OR HARMFUL
CONTACT WITH THE PRODUCTS OR NEARBY
HAZARDS OR OBJECTS BY ANY VEHICLE,
OBJECTS OR PERSONS.
ACP warrants that any product or component part
manufactured by ACP will be free from defects in
material or workmanship. ACP will replace free of
cost any product or component part manufactured
by ACP that contains such a defect.
THE FOREGOING WARRANTY IS IN LIEU OF
AND EXCLUDES ALL OTHER WARRANTIES
NOT EXPRESSLY SET FORTH HEREIN,
WHETHER EXPRESS OR IMPLIED BY
OPERATION OF LAW OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
ACP’S LIABILITY UNDER THIS WARRANTY
IS EXPRESSLY LIMITED TO REPLACEMENT
FREE OF COST OF PARTS SUPPLIED BY ACP
ONLY (IN THE FORM AND UNDER THE TERMS
ORIGINALLY SHIPPED), OR TO REPAIR OR
TO MANUFACTURE BY ACP, PRODUCTS
OR PARTS NOT COMPLYING WITH ACP
SPECIFICATIONS, OR, AT ACP’S ELECTION, TO
THE REPAYMENT OF AN AMOUNT EQUAL TO
THE PURCHASE PRICE OF SUCH PRODUCTS
OR PARTS, WHETHER SUCH CLAIMS ARE FOR
BREACH OF WARRANTY OR NEGLIGENCE.
ACP SHALL NOT BE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL OR SPECIAL
LOSSES, DAMAGES OR EXPENSES OF ANY
KIND, INCLUDING, WITHOUT LIMITATION,
ANY SUCH LOSSES, DAMAGES OR EXPENSES
ARISING DIRECTLY OR INDIRECTLY FROM
THE SALE, HANDLING OR USE OF THE
PRODUCTS FROM ANY OTHER CAUSE
RELATING THERETO, OR FROM PERSONAL
INJURY OR LOSS OF PROFIT.
Any claim by the Buyer with reference to Products
sold hereunder for any cause shall be deemed
waived by the Buyer unless ACP is notified in
writing, in the case of defects apparent on visual
inspection, within ninety (90) days from the delivery
date, or, in the case of defects not apparent
on visual inspection, within twelve (12) months
from the said delivery date. Products claimed to
be defective may be returned prepaid to ACP’s
plant for inspection in accordance with return
shipping instructions that ACP shall furnish to
the Buyer forthwith upon receipt of the Buyer’s
notice of claim. If the claim is established, ACP will
reimburse that Buyer for all carriage costs incurred
hereunder.
The forgoing warranty benefits shall not apply to (i)
any Products that have been subject to improper
storage, accident, misuse or unauthorised
alterations, or that have not been installed,
operated and maintained in accordance with
approved procedures and (ii) any components
manufactured by the Buyer.
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