Warranty Registration Form
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Product Warranty Certificate
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1. LIMITED WARRANTY
1.1 This warranty constitutes Customer’s rights and remedies under the Australian Consumer Law and other Laws.
1.2 Demtech Australia Pty Ltd warrants to the Customer that its Products are free from manufacturing defects and will not breakdown nor will it deteriorate for a period of 2 years from the date of purchase, providing that the application and installation has been executed in accordance to manufacturer’s specifications and recommendations.
1.3 If Demtech Products are found defective, Demtech Australia
Pty Ltd will, at its own discretion, repair or replace part or whole of defective Product subject to Demtech obtaining sufficient evidence from the Customer. In order to make a fair assessment of the defective Product, Customer shall return defective Product within 30 days of written notification.
1.4 If defective Product is repaired or replaced in part or in whole, Product will be warranted only for the remainder of the initial warranty period. There are no provisions for warranty extension under this warranty.
1.5 Defective Product must be returned to the Reseller from where it was originally purchased by the Customer in order to claim under this warranty. The Customer must provide proof of purchase to the Reseller and/or to Demtech (only if required by Demtech). The Reseller will make appropriate arrangements, on behalf of the Customer, to ship defective Product to Demtech Australia Pty Ltd for an independent evaluation.
1.6 All shipment costs (including return shipping) in relation to transporting defective Product shall be the responsibility of the Customer. The Customer shall ensure that the defective Product is appropriately packaged in preparing for safe shipment. The Customer is responsible for Product loss or damage during transit and should insure Product before shipping. Customer will endeavour to appoint a carrier that provides “Product Tracking Services”.
2. DISCLAIMER
Demtech Australia Pty Ltd takes no responsibility for faulty workmanship during installation and thereafter, nor does it warrant nor guarantee the Customers workmanship or any other third party applicator/installer engaged or employed to assemble and/or install the Product, nor does it warrant nor guarantee any third party damage that may result from faulty workmanship during installation and thereafter.
Demtech Australia Pty Ltd reserves the rights to reject any claims that may result from:
a. Improper handling of Product, misuse, abuse, accidental, negligent acts or omissions of Customer or persons under Customer’s control or unforeseen acts beyond Demtech’s control.
b. Product alterations or modifications.
c. Improper installations or applications.
d. Product contamination or deterioration by improper use or application of non compatible products.
e. Failure to follow installation, operation and maintenance instructions.
f. Failure to return defective Product.
g. Failure to provide written notice within 30 days.
h. Acts of third parties, acts of God, accident, fire, lightning or other hazards that may arise.
3. LIMITATION OF LIABILITY
3.1 To the full extent permitted by Law but subject always to clause 3.2 of this warranty, if a Demtech Product does not function as warranted, Customer’s sole remedy for breach of that warranty shall be repair, replacement, or refund of the purchase price paid, at Demtech’s option. To the full extent allowed by Law but subject to 3.2 of this warranty, the foregoing warranties and remedies are exclusive and are in lieu of all other warranties, terms or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties, terms, or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, and noninfringement, all of which are expressly disclaimed.
3.2 Certain legislation, including the Australian Consumer Law, may imply warranties or conditions or impose guarantees or obligations upon Demtech which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent.
This warranty must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which Demtech is entitled to do so, Demtech limits its liability in respect of any claim under those provisions to, at Demtech’s option:
a. The replacement of the product or the supply of equivalent product;
b. The repair of the product:
c. The payment of the cost of replacing the product or of acquiring equivalent product; or
d. The payment of the cost of having the product repaired.
3.3 Demtech Australia Pty Ltd neither assumes nor authorises any other person to assume for it any other liability in connection with the sale, installation, maintenance or use of its products.
3.4 Subject to clause 3.2 and to the full extent allowed by Law, Demtech excludes for itself and its suppliers any liability, whether based in contract or tort (including negligence), for incidental, consequential, indirect, special, or punitive damages of any kind, or for loss of revenue or profits, loss of business, loss of information or data, or other financial loss arising out of or in connection with, the sale, installation, maintenance, use, performance, failure or, interruption of its products, even if Demtech or its authorised reseller has been advised of the possibility of such damages.
4. FURTHER INFORMATION
GOVERNING LAW
This Limited Warranty and Limitations of Liability shall be governed by the laws of Australia.
COPYRIGHT
All rights reserved under International and Australian Copyright Conventions. No part of the contents of this manual may be copied, reproduced, or transmitted in any form or by any means, or translated into other language or format, in whole or in part, without written consent of Demtech Australia Pty Ltd.
Product of Demtech Australia Pty. Ltd. (ABN 91131136 706)
