Issue 04.04.2012
Ref: WBP_MAN04-04-2012
9
replacement or refund for a
Major Failure
and compensation for any other
reasonably foreseeable loss or damage. Customer is entitled to have the
equipment repaired, or replaced if the equipment fails to be of an
Acceptable
Quality
and that failure does not amount to a Major Failure.
3.
Warranty Clarification
3.1
Customer acknowledges and agrees:
(i)
A
Major Failure
occurs when the equipment suffers repeated and/or unexpected
failure that cannot be repaired to Stoddart's satisfaction (acting reasonably) or
which Stoddart considers (acting reasonably) renders the equipment unsafe or
inoperable;
(ii)
Stoddart can only warrant the equipment will be of an
Acceptable Quality
when
Customer uses the equipment in accordance with Stoddart's manufacturer's
instructions or user manual ("
Instructions
"). Acceptable Quality does not imply a
lifetime guarantee for the equipment;
(iii)
Certain components have a finite expected life, especially in a commercial or
high-use environment. For example components such as refrigeration
compressors, elements, thermostats/simmerstats, switches, fans, and
temperature controllers can be expected to last up to
12 months
when used in
accordance with the instructions;
(iv)
In a commercial environment, components such as lamps, fluorescent tubes,
light bulbs, glass, silicone seals, gaskets and plastic components will require
regular replacement. This is not covered by warranty and is at Customer's cost.;
(v)
The life of equipment may be adversely affected by misuse, neglect,
unauthorised alteration, incorrect installation, power surges, accident, use of
inappropriate chemicals, flooding, and acts of God;
(vi)
Proper maintenance and cleaning of equipment in accordance with the
Instructions is essential to the equipment's effective operation;
(vii)
On site warranty services are limited to sites within 50km from the nearest
Stoddart authorised service agent and service agent's reasonable travel costs
must be paid by Customer prior to the commencement of the repairs;
(viii) Additional labour costs will apply for service outside standard business hours of
8.00am to 4:30pm, Monday to Friday and on public holidays;
(ix)
Stoddart cannot guarantee the performance of equipment made specifically to
Customer's design or specifications. Stoddart will, where reasonably possible,
draw any issues arising from Customer's design or specifications to Customer's
attention during the commissioning and/or manufacturing process; and
(x)
Customer must pay additional costs incurred by Stoddart as a result of Customer
failing to provide suitable access to the equipment for inspection and service.
3.2
Stoddart's warranty liability under clauses 1 and 2 of these Terms exclude or do
not cover:
a)
The matters acknowledged by Customer in clause 3.1;
b)
Situations where Stoddart is not satisfied (acting reasonably) the equipment or
any part of the equipment has been used in accordance with the Instructions
including misuse, neglect, unauthorised alteration, incorrect installation, power
surges, accident, use of inappropriate chemicals, flooding, fire or act of God;
