NQAS

Warranty

1. WARRANTY

1.1 We provide the following guarantee in relation to parts supplied (“Products”) and repairs (“Services”) performed on behalf of our customers by our company.

1.2 We will carry out and complete Services with due skill and care, in a proper and workmanlike manner and in accordance with all relevant law.

1.3 In relation to Products supplied by us to which a manufacturer’s warranty applies, we will use our best endeavours to procure the benefit of that warranty for the Customer, which is the sole and exclusive warranty for the Product.

1.4 In relation to Products supplied by us to which a manufacturer’s warranty does not apply, we warrant the Product to be new (unless otherwise specified) and free from defects in materials or workmanship for a period of 12 months. We warrant the Services performed by our company for a period of 12 months.

1.5 The warranty period commences on the date of the invoice to the original purchaser.

1.6 The warranty in respect of both Products and Services applies only while the Product is owned by the original purchaser.

1.7 We reserve the right to replace defective parts of the Product with parts and components of similar quality, grade and composition where an identical part or component is not available.

1.8 We reserve the right to change or discontinue our product ranges at any time without notice and without liability.

1.9 The benefits of this warranty are in addition to any rights and remedies imposed by Australian State and Federal legislation that cannot be excluded.

1.10 Nothing in this warranty excludes, restricts or modifies any State or Federal legislation applicable to the supply of goods or services which cannot be so excluded, restricted or modified.

2. LIMIT OF LIABILITY

2.1 In relation to where a manufacturer’s warranty does not apply and a defect appears in the Product before the end of the warranty period and we find the Product to be defective in materials or workmanship, we will, at our sole discretion either:

2.1.1 Repair the Product (or the defective part of the Product); or

2.1.2 Replace the Product (or the defective part of the Product) with a product comparable in quality and value; or

2.1.3 Refund the purchase price of the Product or the defective part of the Product at replacement cost.

2.2 In relation to Services provided by us, our liability in connection with a failure to comply with a warranty or guarantee in respect of those Services shall be limited to:

2.2.1 The supply of the Services again; or

2.2.2 The payment of the cost of having those Services supplied again.

2.3 Unless otherwise provided by a manufacturer’s warranty, any warranty by us excludes liability for costs in connection with:

2.3.1 Labour to remove or install parts and components removed, modified or installed by the customer or service provider other than a service provider authorised by us and in that case, only where the removal, modification or installation was due to a defective service provided by us;

2.3.2 Standby, freight, transportation, travel, travel time, packaging and handling, demobilisation and remobilisation, commissioning, testing and re-sequencing

2.4 The Customer warrants that any claim by it on warranty is valid and one to which the warranty relates, and to the extent that the Customer makes an invalid warranty claim, the Customer must pay us at our standard rates for any product, labour and travel supplied to investigate that claim.

3. EXCLUSIONS

3.1 This warranty does not apply in the following circumstances:

3.1.1 Product not supplied by us;

3.1.2 Product has been on-sold or assigned by the original purchaser;

3.1.3 Product has been modified or repaired by someone other than us or our authorised repair agent;

3.1.4 We cannot establish any fault in the Product after testing and inspection;

3.1.5 Product has been used other than for the purposes for which it was designed;

3.1.6 Product has been subject to abnormal conditions, including temperature, water, humidity, pressure, stress or similar;

3.1.7 The purchaser has used or fitted non-genuine, non-approved or used parts and accessories to the Product;

3.1.8 The alleged defect in the Product has arisen due to abuse, misuse, neglect or accident by the purchaser;

3.1.9 The alleged defect in the Product has arisen due to the purchaser’s failure to properly assemble, fit, maintain, use or store the Product;

3.1.10 The alleged defect in the Product has arisen due to the overloading of the Product beyond its specified or recommended capacities;

3.1.11 The damage to, or failure of, the Product has resulted from contaminated lubricants, greases, fluids, fuels or gases of any kind being introduced to the system in any way by the purchaser;

3.1.12 Recommended service schedule has not been maintained by the purchaser.

3.2 This warranty does not extend to expendable parts or the replacement of parts due to fair wear and tear.

4. LIMITATIONS

We make no express warranties or representations other than as set out in this Warranty. This Warranty does not cover any type of liquidated or consequential losses whatsoever incurred by the purchaser as a result of Product failure or provision of Services.

5. HOW TO CLAIM

Any warranty claims together with proof of purchase and full details of the alleged defect must be forwarded to the location of purchase. You must make the Product available to us or our authorised repair agent for inspection. The cost of removal and transport of the Product to and from us for the purpose of assessment is the purchaser’s responsibility.

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