Page 7.
1
.
Evocare provides consumers w
ith
the follow
ing
warranty in relat
ion
to thi
s
Product
,
in addition to comply
ing
with the requirements of any relevan
t
legislation
,
including the
Compet
ition
and Consumer Act2010
(Cth) in
Au
stralia
and the
Consumer Guarantees Act
1993 in New Zealand (the Acts), e
xcept
where a New Zeal
and
consumer acquires the Product for the purposes of a bus
iness
.
2. In th
is
warranty
,
we have used the follow
ing
defin
itions
:
(a)
Form
means a warranty claim form issued by Evocare in respect of Products;
(b)
Evocare
or
our
mean
s
Evocare
Australia Pty Limited,
ABN 98 078 566 604 of Level 19, 144 Edward Street,
Brisbane 4000
;
(c)
Products
means the goods manufactured for Evocare (including products manufactured by its contract
manufacturers);
(d)
Material
me
ans
a material or component used by Evocare in the manufactur
e
of the Products
;
(e)
Retailer
means the authori
sed
dealer of Product
s
from whom the Product was purcha
sed
;
(f)
Warranty
Period
means the warranty period
commencing from the date of purcha
se
of the relevant Product.
If the Product or part (as the ca
se
may be) is repaired o
r
replaced
,
the
re
will be no extension to the orig
inal
warranty per
iod;
and
(g)
Workmanship
means the handling
,
assembly and manufactur
ing
proce
sses
performed by or on behalf of
Evocare
in order to manufacture the Products.
3
.
Evocare warr
ants
that for the duration of the Warranty Period
,
all Products w
ill
be fr
ee
of fault
s
arising from
defects in Workmanship or Materials, on the terms and conditions
s
et out in this warranty
.
4
.
Evocare underta
kes
that if during the Warranty Period any Product
,
o
r
any part of a Product
,
has failed to
ope
rate
correctly due to faulty Workmanship or defective Material
,
it will repa
ir
or replace the Product or part
(as the ca
se
may be) free of charge provided that the following procedures are met
:
(a) The consumer must contact the Retailer or Evocare upon becoming aware of any defect to a Product upon
which the con
sumer
will be required to complete a Form and provide sati
sfactory
proof of purchase
.
(b) Evocare
will review the Form to determine whether there is a defect
,
and if so Evocare agrees to (at its option)
repair
,
replace or supply equivalent goods
,
or pay the cost of any of those remedies to the consumer.
(c) If Evocare request
s
the return of the app
licable
Product or part
,
the consume
r
will be responsible for the
collection and fre
ight
costs of return
ing
that Product or part to Evocare
.
(d) The con
sumer
acknowledge
s
that
i
t is also responsible for the freight costs to deliver any new Product or
replacement part to it.
5
.
This warranty is
i
n add
ition
to any non-e
xcludable
legal r
ights
or remed
ies
conferred on the consumer under
any applicable Act and any
si
milar law
s
.
To the extent permitted by law
,
Evocare
's
liability for any non-
excludable condition or warranty is limited to rectifying any defect at its option
,
as set out
i
n paragraph 4(b)
.
6
.
Subject to the requirements of any appl
icable
Act or legi
slation
and to the extent perm
itted
by law
,
no liability
(whether expressed or
i
mplied) of any nature whatsoever
,
is accepted by Evocare for any consequential loss
,
dama
ge
or injury arising as a result of any fault in the Products
.
7
.
This warranty does not e
xtend
to dama
ge
to Products wh
ich
occurs during trans
it
or tran
sportation,
or which is
cau
sed
by any abuse
,
accident or improper installation
,
connection
,
use
,
adjustment or repair or use of goods
otherwise than in accordance with instruction
s i
ssued by Evocare
.
8
.
The warranty on Product
s
is waived if any addit
ion
or attachment to the Product
s
do not have Evocare
's
approval or are not
s
old as Evocare products
.
The Products are designed to perform specific ta
sks
under
established test loads and unauthorised attachments may produce
s
tresses for which the design is not
appropriate
.
9
.
The following applies to consumers who purchased a relevant Product in Australia:
Our good
s
come with guarantees that cannot be excluded under the Australian Consumer Law
.
You are
e
ntitled to
a replacement or refund for a major failure and compensat
ion
for any other reasonably fore
seeable
lo
ss
or
damage. You are also ent
itled
to hav
e
the goods repaired or replaced if the goods fail to be of acceptable
quality and th
e
failure does not amount to a major failure.
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