7.1 The Goods distributed by the Company are guaranteed against defective workmanship and materials for a period of 12 months from the date of purchase, the Company’s obligations pursuant to this express warranty being limited to the repair or replacement of the defective Goods or materials at its option and subject to the terms and conditions stated in the warranty card attached to the Goods. Glass and lamps are not included in this warranty. RCD tripping due to moisture absorption by Tubular Heating Elements is not considered a warranty fault.
7.2 Any item that can be picked up and put into a normal vehicle, is covered by a back to base warranty. This means the end user needs to return it (freight pre-paid) to either the place where it was purchased from, or our closest appointed service agent, or back to our head office. A call out for refrigeration and other non portable equipment is covered by an on site warranty during the hours of 8am – 5pm Monday to Friday only. Travel costs for on site warranty are limited to 50km from our nearest appointed service agent.
7.3 Except as provided in this clause, the Company shall not be liable for any loss or damage, whether direct or indirect (including consequential losses or damage) arising out of any breach of contract by the Company or any negligence of the Company, its employees or agents.
7.4 To the extent permitted by law all implied conditions and warranties are expressly excluded.
7.5 The Company will not be liable in respect of any claims for parts damaged in transport, misused by the Applicant or its authorised parties or modified in any way without the approval of the Company.
7.6 Any repairs or replacement of defective Goods or materials pursuant to the warranty set out in this clause, must be authorised by a director of the Company prior to any action being taken. The Company reserves the right to reject a warranty claim if it is not completely satisfied with the circumstances under which such fault or defect occurred.
7.7 Nothing in these Terms of Trade shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting, modifying any condition warranty guarantee right or remedy implied by law (including the Trade Practices Act 1974 (Commonwealth)) which by law cannot be excluded, restricted or modified.
7.8 This warranty does not extend to cover loss of profits or damage to other equipment.
7.9 Warranty does not cover products which have been subject to misuse, neglect, unauthorised alteration, incorrect installation, power surges, accident, use of inappropriate chemicals for cleaning, flooding, fire or acts of God.
7.10 Failure to honour payments for a notice or non warranty call out by end user, will result in immediate voiding of warranty on that item.
8. APPLICANT’S WARRANTY AND INDEMNITY
8.1 The Applicant acknowledges and warrants to the Company that as at the date of entry into a contract to purchase the Goods, the Applicant is not insolvent nor has he committed any act of bankruptcy or, being a company, knows of no circumstances which would entitle a debenture holder or unsecured creditor to appoint a receiver to petition for winding up of the Applicant or exercise any other rights over or against the Applicant’s assets.
8.2 Without prejudice to any other rights the Company may have against the Applicant, the Applicant shall indemnify the Company for and save it harmless from any loss, damage or expense incurred by the Applicant as a result of the Applicant:
(a) cancelling any order (or part thereof) for the Goods; or
(b) breaching these Terms of Trade.
10. GOODS RETURNED
10.1 The Applicant shall inspect the Goods immediately upon delivery and if the Goods are damaged or not otherwise in conformity with the contract relating to their supply shall give written notice to the Company of the details in respect thereof within 7 days of the date of delivery.
10.2 Subject to clause 12.3, any Goods the subject of a notice under clause 12.1 shall be left in the state and condition in which they were delivered until such time as the Company or its duly authorised agent has inspected the Goods, such inspection to be carried out within a reasonable time after notification by the Applicant. If the Goods are not so left in the state and condition in which they were delivered, the Applicant shall be deemed to have accepted the Goods and shall pay the purchase price for the Goods to the Company.
10.3 Upon receipt of a notice under clause 12.1, the Company will advise a return authorisation number and the mode of transport (if clause 12.2 is not to apply) acceptable to the Company. Any Goods returned to the Company will be at the Applicant’s entire risk as to loss or damage. In relation to Goods returned to the Company, the Applicant undertakes to follow the Company’s instructions, prepay the freight and clearly mark the freight with the return authorisation number advised by the Company.
10.4 Deliveries not complying with clause 12.3 will not be accepted by the Company.
10.5 Subject to clauses 12.1 and 12.3, valid claims for incorrectly sent Goods will be credited in full. A 12% handling fee will apply to all Goods returned against orders correctly executed. The Company reserves the right to charge for any cost incurred in such execution.
10.6 Subject to clause 12.1 acceptance of the Goods shall be deemed for all purposes to have taken place when delivery has occurred.
10.7 In the case of a non-standard manufacture, where a “Confirmation of Non-standard Items” form has been signed, and where orders have been correctly executed, no returns will be accepted.
10.8 The Company will charge a restocking fee for goods returned out of the original packing.
If you have any questions about the availiablity of an item, please contact one of our friendly team on 1300 436 665 or use our Live Chat tab below.