PRODUCT 2 YEAR / 5 YEAR WARRANTY
AND LIMITATION OF LIABIL
ITY
WARRANTY CLAIMS
AUSTRALIAN CONSUMER LAW
Coolaroo products are manufactured by Gale Pacific Limited
ACN 082 263 778 (Gale). Gale provides the following warranty in
relation to Coolaroo products (“Product”).
The benefits of this warranty are in addition to any rights and
remedies imposed by Australian Consumer Law,NZ Consumer
Guarantees Act 1993, and state and federal legislation that
cannot be excluded. Nothing in this warranty is to be interpreted
as excluding, restricting or modifying any applicable legislation
to the supply of goods and services which cannot be excluded,
restricted or modified.
WARRANTY
Gale warrants that, subject to the exclusions and limitations
below, all parts of the manufacture and assembly of the Product
will be free from defects in materials and workmanship for a
period of two (2) years from date of purchase. Five (5) years for
the canopy fabric.
If a defect appears in the Product before the end of the warranty
period and Gale finds the Product to be defective in materials or
workmanship, Gale will, in its sole discretion, either:
a) replace or repair the Product or the defective part of the
Product free of charge; or
b) refund the purchase price of the Product.
Gale reserves the right to replace defective parts of the Product
with parts and components of similar quality, grade and compo-
sition where an identical part or component is not available.
The warranty will not apply where:
a) the Product has been altered or modified by someone other
than Gale or its authorised agent;
b) the alleged defect in the Product is within acceptable indus-
try variances;
c) Gale cannot establish any fault in the Product;
d) the defect in the Product has arisen due to the customer’s
failure to install and use the Product in accordance with the
instructions provided;
e) the defect in the Product has arisen due to the customer’s
request to customise the Product;
f) the Product has been subject to abnormal conditions, includ-
ing environment, temperature, water, fire, humidity, pressure,
stress or similar.
The warranty does not extendo to:
a) damage or defects caused by normal wear and tear,
b) water or sun damage; or
c) any other damage caused by the customer placing other
equipment, furniture or material in close proximity to the
Product.
Gale makes no express warranties or representations other than
set out in this warranty.
The repair or replacement of the Product or part of the Product
is the absolute limit of Gale’s liability under this express
warranty.
1) Upon purchasing the Product, the customer must register
their warranty by completing the Coolaroo online warranty
registration at www.coolaroo.com. Alternatively, the customer
can contact Coolaroo Customer Service on 1800 331 521 (AU) or
0800 555 171 (NZ) for assistance.
2) If a fault covered by warranty occurs, the customer
must contact Gale using the contact details provided.
3) Any warranty claim must be accompanied by proof of pur-
chase and details of the alleged defect.
4) The customer must bear the cost of the transport of the
Product to and from Gale or the authorised agent to make the
warranty claim, and all insurance of the Product.
1) Upon purchasing the Product, the customer must register
their warranty by completing the Coolaroo online warranty
registration at www.coolaroo.com. Alternatively, the customer
can contact Coolaroo Customer Service on 1800 331 521 (AU) or
0800 555 171 (NZ) for assistance.
2) If a fault covered by warranty occurs, the customer
must contact Gale using the contact details provided.
3) Any warranty claim must be accompanied by proof of pur-
chase and details of the alleged defect.
4) The customer must bear the cost of the transport of the
Product to and from Gale or the authorised agent to make the
warranty claim, and all insurance of the Product.
Nothing in this agreement is intended to have the effect of
contracting out of any applicable provisions of the Competition
and Consumer Act 2010 or the Fair Trading Acts in each of
the States and Territories of Australia, except to the extent
permitted by those Acts where applicable.
This warranty is not transferable, and applies only to the initial
purchaser of the installed Product.
In addition to the above warranty, Australian Consumer law and
other state and territory legislation may imply warranties or
conditions or impose liability on Gale in relation to the Product
or its supply which cannot, or can only to a limited extent,
be excluded, restricted or modified. Except for those implied
warranties or conditions and such liability, and for the warranty
described above:
a) all warranties and conditions (whether express or implied,
statutory or otherwise) relating to the Product or its supply are
expressly excluded; and
b) Gale will not be liable for any loss or damage suffered by
any person (including the purchaser of the Product) in any way
relating to or arising from the Product or its use (including loss
or damage arising from the negligence of, or contributed to by,
Gale).
If liability for breach by Gale of a warranty or condition or any
other liability imposed on Gale by legislation which cannot be
excluded may be limited, Gale’s liability is limited to the extent
permitted by law, and if liability may be limited in any one of
a number of ways, Gale’s liability is limited in any one of the
permitted ways chosen by Gale in its absolute discretion.
The Purchaser acknowledges that the Purchaser does not
rely on the skill or judgment of Gale as to whether or not the
Products are fit for any particular purpose.
The Purchaser indemnifies Gale from every liability, loss,
damage, cost or expense directly or indirectly incurred or
suffered by Gale caused by or contributed to by the Purchaser’s
failure to:
1) adequately provide or display safety markings or safety
information on or with the Products;
2) comply with any law about the Products or their use;
3) take any reasonable precaution to bring to the attention of
any potential users of the Products any dangers associated with
Products;
4) any negligence or breach of duty by the Purchaser or any
breach by the Purchaser of these terms.
