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AQUARIUS TECHNOLOGIES PTY LTD
Manufacturer’s Product Warranty
Definitions
“Aquarius”
means Aquarius Technologies Pty
Ltd ABN 94 010 393 254
“Product”
means:-
(i)
goods purchased from Aquarius that have
been manufactured in whole by Aquarius;
and
(ii) the Aquarius manufactured components in
third party goods.
“Buyer”
means any person or entity who buys
product for consideration from Aquarius.
“The Law”
means and includes the Trade
Practices Act (Commonwealth) 1974 and relevant
State and Territory fair trading or other consumer
protection legislation and includes any statute
amending, consolidating or replacing the same
from time to time.
Warranty
1. Aquarius warrants that:-
(i) all Product is produced under a Quality
Assurance System to ISO9001:2001
standards;
(ii) the Product conforms to the written description
in the purchase order quotation and related
purchase documentation accepted by
Aquarius in writing except for such defects that
are normally regarded as being commercially
acceptable;
(iii) the Product will be reasonably fit for the
purpose of use described by Aquarius,
however Aquarius accepts no responsibility
for third party misrepresentation;
(iv) the Product will be of merchantable quality
and free from defects in material and
workmanship.
2. If within twelve (12) months (from either the
date of purchase by the Buyer or the date
of installation, whichever is the earliest)
the Buyer gives to Aquarius written notice
that the Product does not correspond with
the description or is defective (and such
defect could not have been detected at the
time of delivery) and Aquarius agrees then,
PROVIDED:-
(i) that Aquarius, via its customer service
department, is contacted promptly;
(ii) that the Buyer supplies to Aquarius sufficient
proof of purchase, the model number and
serial number of the Product;
(iii) that if necessary, the Product is returned by
prepaid freight to Aquarius Technologies P/L
factory headquarters:-
(a) within fourteen (14) days of detection of the
alleged fault; and
(b) in the same order and condition as that in
which it was delivered
(c) packaged to prevent any damage in transit;
(d) that the product contains the return
authorisation number, customer identification
number, and return delivery details
AND
(iv) if any alleged defect or failure to correspond
with description has not arisen from:
alleged defect or failure to correspond with
•
description
improper or incorrect installation or site
•
preparation;
improper
maintenance,
adjustment,
•
modification or contamination caused or
induced by the Buyer;
the Product being used or attempted to be
•
used in a manner which is beyond normal
commercial capacity and application of the
Product;
any abuse or misuse of the Product including
•
operation of the Product in circumstances
where there may be subject to irregular
electrical supply;
then, Aquarius will at its option either:-
(v) repair any part of the Product which is proven
to be defective in material or workmanship
upon the Aquarius’ examination. The repairs
will be carried out by Aquarius personnel or
persons appointed by Aquarius at Aquarius
premises or at the site or premises of the
supplier to Aquarius. This warranty does not
include removal, installation costs, or liability
exceeding the selling price of the Product.
Aquarius warrants that all repairs on returned
Product will be free from defects in materials
and workmanship for a period of sixty (60)
days; or
(vi) replace the Product.
3. The Buyer will be liable to Aquarius for all
reasonable costs incurred by Aquarius in
relation to the investigation, analysis and
testing of a Product which are not defective in
the reasonable opinion of Aquarius.
4. In no circumstances will Aquarius:-
(i) incur liability in respect of, or arising out of, or
in connection with harm or injury suffered or
incurred by the Buyer;
(ii) incur liability in respect of any special
consequential direct or indirect loss or
damage;
(iii) accept liability for the cost of any repair
or attempted repair by the Buyer by any
unauthorised third party.
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Manufacturer’s Product Warranty
