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(b). EXCEPTIONS, EXCLUSIONS AND LIMITATIONS TO WARRANTY. The product and/or its components must be
fitted/assembled and loaded in accordance with the Supplier’s written instructions and any requirements set out
in the car’s owner manual. This warranty does not cover defects, loss or damage resulting from circumstances
beyond the Supplier’s control including, but not limited to misuse, overloading, or failure to assemble and/or fit
the product or component in accordance with the Supplier’s written instructions. Nor does the warranty cover
defects, loss or damage resulting from accidents, unlawful use of the vehicle or defects/inconsistencies in the
vehicle on which the product or component is fitted. Liability for direct, indirect, special, punitive, incidental,
exemplary, contractual or consequential damage or loss arising from defects, faulty materials or design
omissions or negligence or workmanship in the product or its components is hereby expressly excluded subject
to the following. Certain Commonwealth legislation, including the Competition and Consumer Act 2010 (Cth),
and other State and Territorial legislation confers upon purchasers rights which cannot be excluded from or be
restricted or modified by contract. Any conditions, guarantees and/or warranties implied by law and incapable
of exclusion are deemed to be expressly incorporated herein. Nothing herein contained is intended nor shall be
permitted to be inconsistent with any such conditions, guarantees and/or warranties. To the extent permitted by
legislation all conditions, guarantees and/or warranties such as implied warranties which are capable of exclusion
are hereby expressly excluded and negatived.
ADDITIONAL INFORMATION ( AUSTRALIA )
This information should be read in conjunction with clauses (a) and (b).
IMPORTANT LEGAL NOTICE
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 for 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.
This warranty does not change or take away your rights under the Australian Consumer Law. Your right to claim under
this policy for the benefits covered is in addition to other rights and remedies you have under the law in relation to the
product.
Where you become aware of defects in materials or of workmanship, and wish to make a claim under this warranty you
must do the following for the warranty to be honoured by your Prorack dealer or Yakima Australia Pty Ltd ABN 58 154
440 221 (Yakima):
1. Make a claim as soon as practicable by contacting the Prorack dealer from whom you purchased the product, who
will give you instructions on how to proceed.
2. If you are unable to contact the Prorack dealer, or the dealer is not able to remedy the defect, you should contact
Yakima as soon as practicable at:
Call:
0800 4776 722 (NZ) or 1800 143 548 (AU)
Email:
[email protected] or [email protected]
Alternately, you can write to Yakima at 17 Hinkler Court, Brendale QLD Australia 4500 in order to make a claim
under your warranty.
3. Upon contacting Yakima directly, you should explain as fully as possible the defect. A Yakima representative will
provide you with appropriate instructions for returning the product together with a copy of the original purchase
invoice or receipt to Yakima.
4. The costs and expenses associated with making a claim under your warranty including the costs of complying with
those instructions and of returning the product to Yakima or the Prorack dealer will be borne by you.
Following receipt of the product and purchase invoice or receipt, Yakima or the Prorack dealer must inspect the product
to determine whether the claim falls within the warranty. If:
4.1 the claim falls within the warranty, Yakima will remedy any defects in materials or workmanship becoming
apparent during the warranty period, by replacing or repairing any defective product or component (at its
option) free of charge to the purchaser in respect of replacement parts or labour.
4.2 the claim does not fall within the warranty, Yakima will return the product to you at your expense.
Yakima Australia Pty Ltd
17 Hinkler Court, Brendale
QLD 4500, Australia
Freephone
AU: 1800 143 548
NZ: 0800 4776 722
