18
Warranty
Designed and tested under a Quality System that meets Hills
demanding quality specifications ® Hills Warranty.
1.
Hills provides consumers with the following warranty in relation
to this Product, in addition to complying with the requirements
of any relevant legislation, including the Competition and
Consumer Act 2010 (Cth) in Australia and the Consumer
Guarantees Act 1993 in New Zealand (the
Acts
), except where
a New Zealand consumer acquires the relevant Product for the
purposes of a business.
2.
In this warranty, we have used the following definitions:
(a) Hills
,
our
or
we
means Hills Holdings Limited (ABN 35 007
573 417) of 159 Port Road Hindmarsh South Australia 5007;
(b)
Products
means the following goods manufactured by
Hills (including products manufactured for Hills by its
contract manufacturers):
Hills Slim Retracting Clothesline
;
(c)
Material
means a material or component used by Hills in
the manufacture of the Products;
(d)
Warranty Period
means 10 years from the date of
purchase of the relevant Product and, in relation to the
polycore line, means a period of 1 year from the date of
purchase of the Product. If the Product or part (as the case
may be) is repaired or replaced, there will be no extension to
the original warranty period; and
(e)
Workmanship
means the handling, assembly and
manufacturing processes performed by or on behalf of
Hills in order to manufacture the Products.
3.
Hills warrants that for the duration of the Warranty Period,
all Products will be free of faults arising from defects in
Workmanship or Materials, on the terms and conditions set
out in this warranty.
4.
Hills undertakes that if during the Warranty Period any Product,
or any part of a Product, has failed to operate correctly due to
faulty Workmanship or defective Material, it will repair or replace
the Product or part (as the case may be) free of charge provided
that the following procedure is met:
(a)
The consumer must contact Hills upon becoming aware of
any defect to a Product. The contact details for Hills are set
out in this warranty and under the heading “Hills Contacts”.
(b)
Following consultation with Hills, Hills will determine whether
there is a defect, and if so Hills agrees to (at Hills’ option):
i.
in the case of goods – repair, replace or supply equivalent
goods, or pay the cost of any of those remedies to the
consumer; or
ii.
in the case of services – supply the services again or pay
the cost of having the services supplied again.
(c)
If Hills requests the return of the applicable Product or part,
Hills will be responsible for the collection and freight costs
of returning that Product or part. The consumer agrees to
assist Hills with any reasonable request to enable Hills to
collect such Product or part.
(d)
Hills also agrees to be responsible for the freight costs to
deliver any new Product or replacement part to the consumer.
5.
This warranty is in addition to any non-excludable legal rights
or remedies conferred on the consumer under any applicable
Act and any similar laws. To the extent permitted by law, Hills’
liability for any non-excludable condition or warranty is limited to
rectifying any defect at its option, as set out in paragraph 4(b).
6.
Subject to the requirements of any applicable Act or legislation
and to the extent permitted by law, no liability (whether
expressed or implied) of any nature whatsoever, is accepted by
Hills for any consequential loss, damage or injury arising as a
result of any fault in the Products.
7.
This warranty does not extend to damage to Products which
occurs during transit or transportation, or which is caused
by any abuse, accident or improper installation, connection,
use, adjustment or repair or use of goods otherwise than in
accordance with instructions issued by Hills.
8.
The warranty on Products is waived if any addition or
attachment to the Products do not have Hills’ specific approval
or are not sold as Hills products. The Products are designed
to perform specific tasks under established test loads and
unauthorised attachments may produce stresses for which the
design is not appropriate.
9.
The following applies to consumers who purchased a relevant
Product 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 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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