Terms of warranty – january 2013, Remote pendant – Tweco W4016900 User Manual

Page 8

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May 15, 2013 8 0-5263

REMOTE PENDANT

TERMS OF WARRANTY – JANUARY 2013

1. The Trade Practices Act 1974 (Commonwealth) and similar State Territory legislation relating to the

supply of goods and services, protects consumers’ interests by ensuring that consumers are entitled

in certain situations to the benefit of various conditions, warranties, guarantees, rights and remedies

(including warranties as to merchantability and fitness for purpose) associated with the supply of

goods and services. A consumer should seek legal advice as to the nature and extent of these protected

interests. In some circumstances, the supplier of goods and services may legally stipulate that the said

conditions, warranties, guarantees, rights and remedies are limited or entirely excluded. The warranties

set out in Clause 2 shall be additional to any nonexcludable warranties to which the Customer may be

entitled pursuant to any statute.

2. Subject to Clause 3. CIGWELD gives the following warranties to the Customer:
Insofar as they are manufactured or imported by CIGWELD, goods will upon delivery be of merchantable

quality and reasonably fit for the purpose for which they are supplied by CIGWELD.

CIGWELD will repair or, at its option, replace those of the goods which, upon examination, are found by

CIGWELD to be defective in workmanship and/or materials.

CIGWELD reserves the right to request documented evidence of date of purchase.
3. The Warranty in Clause 2;
Is conditional upon:
The Customer notifying CIGWELD or our Accredited Distributor in writing of its claim within seven (7)

days of becoming aware of the basis thereof, and at its own expense returning the goods which are

the subject of the claim to CIGWELD or nominated Accredited Distributor/Accredited Service Provider.

The goods being used in accordance with the Manufacturer’s Operating Manuals, and under competent

supervision.

Does not apply to:
Obsolete goods sold at auction, second-hand goods and prototype goods.
Breakdown or malfunction caused by accident, misuse or normal wear and tear.
Repairs or replacement made other than by CIGWELD or Accredited Service Providers, unless by prior

arrangement with CIGWELD.

Replacement parts or accessories which may affect product safety or performance and which are not

manufactured, distributed or approved by CIGWELD.

4. CIGWELD declares that, to the extent permitted by law, it hereby limits its liability in respect of the sup-

ply of goods which are not of a kind ordinarily acquired for personal, domestic or household use or con-

sumption to any one or more of the following (the choice of which shall be at the option of CIGWELD).

The replacement of the goods or the supply of equivalent goods.
The repair of goods.
The payment of cost of replacing the goods or acquiring equivalent goods.
The payment of the cost of having goods repaired.
5. Except as provided in Clauses 2 to 4 above, to the extent permitted by statute, CIGWELD hereby ex-

cludes all liability for any loss, damage, death or injury of any kind whatsoever occasioned to the

Customer in respect of the supply of goods including direct, indirect, consequential or incidental loss,

damage or injury of any kind.

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