16
R001 Safety and Regulatory Guide
workmanship under normal use during the Limited
Warranty Period. If you consider that the Motion Product
which you have purchased is not of acceptable quality, has
a defect, or is otherwise not compliant with the conditions,
warranties, undertakings, and legal rights given to you
under Australian Law (for example, it appears faulty, or
does not work at all or properly), you can make a claim
under this Warranty. To the extent permitted by the
Mandatory Laws, this Limited Warranty extends only to the
original purchaser or lessee of this Motion Product and is
not transferable to anyone who obtains ownership or use
of the Motion Product from the original purchaser or
lessee.
Repair or replacement
If, following receipt of a claim under this Warranty, Motion
or its agent determine that your claim in respect of a
Motion Product is valid (having regard to the terms of this
Warranty), and:
(a)
if the goods can be repaired and the failure to
comply with the warranty is not a major failure,
Motion or its agent may either repair the Motion
Product, or pay you for the cost of a repair of the
Motion Product, or replace the Motion Product with
the same or similar product, or provide you with a
refund for the Motion Product, depending upon
what is reasonable in the circumstances and at no
cost to you. Goods presented for repair may be
replaced by refurbished goods of the same type
rather than being repaired. Refurbished parts may be
used to repair the goods; or.
(b)
if the goods cannot be repaired or the failure to
comply with the Warranty is a major failure, (i) you
may reject the goods and by so doing elect to
receive either a refund for the Motion Product or a
replacement of the Motion Product with the same or
similar product or (ii) by action against Motion,
require Motion to pay you compensation for any
reduction in the value of the goods or lease
payments (less interest) below the price paid or
payable by you for the goods
If Motion provides you with either a replacement or refund
or if you reject the goods, you immediately transfer
ownership in the original Motion Product or part to
Motion. Any such resolution by Motion of a claim under
this Warranty by you does not otherwise detract from any
other statutory rights which you might have in the
circumstances, including your right to monetary
compensation for a valid claim. If, following receipt of a
claim under this Warranty, Motion or its agent determine
that your claim in respect of a Motion Product is invalid,
Motion may charge you for any labour, parts or transport
costs incurred by Motion or its agent in assessing your
claim.
Software and data
YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE
DATA STORED ON YOUR HARD DRIVE OR OTHER STORAGE
DEVICES AS A PRECAUTION AGAINST POSSIBLE FAILURES,
ALTERATION, OR LOSS OF THE DATA. BEFORE RETURNING
ANY UNIT FOR SERVICE, BE SURE TO BACK UP DATA AND
REMOVE ANY CONFIDENTIAL, PROPRIETARY, OR PERSONAL
INFORMATION. THIS LIMITED WARRANTY DOES NOT
EXTEND TO DAMAGE TO, LOSS OF, OR DISCLOSURE OF ANY
PROGRAMS, DATA, OR REMOVABLE STORAGE MEDIA, OR
THE RESTORATION OR REINSTALLATION OF ANY
PROGRAMS OR DATA OTHER THAN SOFTWARE INSTALLED
BY MOTION WHEN THE PRODUCT IS MANUFACTURED
Warranty exclusions
This section identifies what is excluded under this
Warranty.
For the avoidance of any doubt, any and all warranties or
conditions which are not guaranteed under Mandatory
Laws and which are not expressly included in this Warranty
as additional warranties or conditions are excluded.
This Warranty does not warrant uninterrupted or error-free
operation of the Motion Product, which is affected by
system configuration, software, applications your data and
operator control of the system, among other factors.
Though the Motion Product is considered to be compatible
with many systems, it is your responsibility to determine
compatibility and integration with other products or
systems.
This Warranty does not apply to non-Motion hardware
products or non-Motion software products which are not
incorporated into Motion Products or, in the case of
software, pre-loaded onto the Motion Product at the time
of sale, even if packaged or sold with Motion hardware.
This warranty does not cover:
•
any Motion Product from which the serial number has
been removed or altered;
•
normal wear and tear, natural performance degradation
(e.g. reduced battery life), or service costs in replacing
and maintaining expendable/ consumable parts which
have ceased working through normal wear and tear;
•
cosmetic damage such as to the exterior finish;
•
minor imperfections within design specification that do
not materially alter functionality;
•
damage or non-functionality that results from (i) failure
to follow the instructions that came with the product;
(ii) accident, misuse, abuse, or other external causes; (iii)
operation outside the usage parameters stated in the
then current user documentation for the product; or (iv)
use of parts not manufactured or sold by Motion
•
damage or non-functionality due to modifications or
service by anyone other than (i) Motion, (ii) a Motion
authorised service provider, or (iii) your own installation
of end-user replaceable Motion or Motion-approved
parts; or
•
loss caused by fire, water (liquid spillage or ingression),
theft, vermin or insect infestation.
Limitation of liability
Except as otherwise provided in this Warranty, if Motion
becomes liable to you under this Warranty or pursuant to
any Mandatory Laws, that liability is limited to the
maximum extent permitted by law, including without
limitation, s 64A of Schedule 2 of the Australian Consumer
Law. To the extent that Motion is legally entitled to avail
itself of such limitation, Motion’s liability is limited to, at the
election of Motion in its absolute discretion, either:
(a)
in the case of goods:
(i)
the replacement of the goods;
(ii)
the payment of the cost of replacing the
goods; and
(b)
in the case of services:
(i)
the supplying of the services again;
