5
RESPONSIBILITY FOR COSTS OF CLAIM UNDER THIS WARRANTY
5.1
The Supplier is responsible for the costs directly associated with repairing or replacing the Goods in accordance with clause 2.1
only.
5.2
Any works required to be completed in addition to fixing the Defect are the responsibility of the Client. Additional works includes
any costs associated with any testing or repair of the Goods or any goods to which they are fitted, undertaken by a third party in
relation to any defect without prior authorisation from the Supplier.
5.3
Where it is determined that the Goods do not have a Defect, the Client will be charged a GST exclusive inspection fee of forty-five
dollars ($45.00AUD in Australia or $45.00NZD in New Zealand) plus freight costs for the return of the Goods, this is subject to
change without notice.
5.4
The cost of delivery and insurance of the Goods to and from the Supplier, travel costs to and from the Supplier, and the cost of
inspecting and testing the Goods are the sole responsibility of the Client.
6
WARRANTY LIMITATIONS
6.1
The Supplier makes no warranties or representations other than those set out in this warranty document except as is required by
law.
6.2
The Supplier will not be liable under this warranty:-
(i)
to the Client or any other person for any consequential, direct or indirect loss, damage or costs incurred or suffered by the
Client or any other person, including but not limited to damage to persons, other property, loss of turnover, loss of profits,
loss of business or goodwill;
(ii)
to the Client for transportation or travel costs which are the Client
’s responsibility;
(iii)
for damage or defects in any Goods caused by improper transportation, storage or any other misuse, neglect or accident.
(iv)
for the installation of the Goods. Any fault or defect due to installation should be referred to the installer. The Goods must
be installed in accordance with the Manufacturer’s instructions and any relevant legislation or code.
6.3
This warranty covers the Client only and it is not transferrable if the Goods are sold by the Client during the warranty period.
7
WARRANTY EXCLUSIONS
7.1
This warranty will not apply where:
(i)
the Goods have been improperly modified or repaired or the Good
’s defect has arisen due to the Client’s failure to properly
install, fit, maintain, service or use the Goods in accordance with the specifications and instructions provided by the
Manufacturer, including a failure to comply with the relevant maintenance schedule (where applicable);
(ii)
the Supplier cannot establish any Defect in the Goods after testing;
(iii)
the Goods have been used other than for the purpose for which they were designed;
(iv)
the Goods have been subject to abnormal conditions, including but not limited to temperature, pressure, stress, load or
similar;
(v)
the Client or installer have used or fitted non-genuine or non-approved parts and accessories to the Goods or have failed
to use recommended parts and accessories;
(vi)
the Good
’s defect has arisen due to abuse, misuse, neglect or accident;
(vii)
the Goods have not been installed in accordance with the relevant instructions;
(viii)
the Good’s defect is caused by use or fair wear and tear of the Goods (or expendable parts).
8
RIGHTS AT LAW
8.1
The benefits given to the Client under this warranty are in addition to other rights and remedies of the Client at law in relation to
the Goods.
8.2
In Australia our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a
replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are
also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount
to a major failure.
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