Warranties & Limitations of Liability
Subject to clause 36, all goods sold carry only such warranty, if any, as is furnished by the manufacturer thereof, or as implied by law. The freight cost for goods returned for warranty consideration is the Purchaser’s responsibility.
Note: No warranty work will be completed whilst ever the Purchaser’s account is in default of the agreed trading terms. (See “Item 25” of Powerdown Terms of Trade)
Item 25 Powerdown Terms of Trade
25.Warranties & Limitation of Liability. Subject to clause 36, all goods sold carry only such warranty, if any, as is furnished by the manufacturer thereof, or as implied by law. The freight cost for goods returned for warranty consideration is the Purchaser’s responsibility. NOTE: – No warranty work will be completed whilst ever the Purchaser’s account is in default of the agreed trading terms.
25.1 This Agreement does not attempt to exclude, restrict or modify the application of any applicable laws of the Commonwealth State or Territory which cannot be excluded, restricted or modified including the Australian Consumer Laws.
25.2 The Purchaser acknowledges and agrees that to the extent permitted by law, the Supplier will not be liable for, and the Purchaser releases the Supplier in respect of, any claim, loss, cost, damage or expense (Claim) arising out of any act or omission of the Supplier or its employees, officers or agents unless that Claim is a direct result of the negligence of the Supplier or breach of this Agreement or a warranty by the Supplier.
25.3 The parties agree that to the extent permitted by law any liability for a Claim against the Supplier that cannot be excluded will be limited to the lesser of:
a) the re-supply or repair of defective goods or services (if applicable);
b) the cost of the re-supply or repair by a third party of defective the goods or services in question (if applicable); or
c) the contract price of the original supply of the goods or services.
25.4 Notwithstanding any of the above, the parties agree that the Supplier will under no circumstances be liable to the Purchaser for any indirect or consequential loss, loss of income, profit or opportunity or for any contingent, consequential direct/indirect special, or punitive damages arising out of or in connection with this Agreement, at law or in equity.
25.5 The Supplier’s liability/obligations to honour any claim under or in connection with this Agreement do not extend to rectification of defects, loss or damage which is caused or contributed to by use, storage or operation of any part of the goods other than in accordance with the more stringent of either: guidelines or specifications supplied by the Supplier or the manufacturer; industry best practice; or use under normal working conditions. The Supplier will also not be liable for defects, loss, costs or damage arising out of or in connection with:
a) the misuse, neglect, or wilful destruction of any part of the goods; or
b) any damage caused by or to the goods as a result of continued use of any part of the goods after a defect has been detected or ought to have been detected.
25.6 The Supplier will use reasonable endeavours to transfer warranties given by third party manufacturers of the goods supplied to the extent those warranties are transferrable. However, the Supplier will not be liable for negotiating with manufacturers on behalf of the Purchaser and will not be liable to provide warranties to the Purchaser in addition to those provided by the manufacturer and transferred under this clause.
25.7 To the extent permitted by law and unless otherwise expressly agreed or set out in the Terms of Trade, the Supplier does not provide and expressly excludes all other warranties and representations whether implied by statute or otherwise in respect of any goods or services.
25.8 If any provision of this Agreement is held to be unlawful, invalid, unenforceable or in conflict with any rule of law, statute, ordinance or regulation, it is to be severed so that the validity and enforceability of the remaining provisions are not affected.
25.9 The Purchaser indemnifies the Supplier and keeps the Supplier indemnified against all liability, loss, cost or damage in connection with or arising out of any of the following:
a) any breach by the Purchaser of these Terms of Trade or any contract between the Supplier and the Purchaser;
b) any claim arising out of or in any way related to any injury to or death of any person or loss of or damage to any tangible property arising out of or in any way relating to these Terms of Trade or any contract between the Supplier and the Purchaser and caused by an act or omission of the Purchaser or its employees or agents; and
c) any claim by a third party arising out of or in any way related to any wilful, negligent or unlawful act or omission of the Purchaser or its employees or agents, provided however that the Purchaser’s liability to indemnify the Supplier under this clause will be reduced proportionally to the extent that any negligent act or omission of the Supplier contributed to the liability.
Item 36 Powerdown Terms of Trade
36. COMPONENT SPECIFIC WARRANTIES
The Supplier gives the following limited warranties in respect of parts or products manufactured by the Supplier only:
36.1 SHOCK ABSORBERS
The Supplier warrants all shock absorbers are free from defects in materials or faulty workmanship provided always that the shock absorbers have been correctly installed as recommended by the Supplier. The warranty period is 12 months or 150,000 kms whichever comes first from date of purchase.
36.2 AIR SPRINGS
The Supplier warrants that all air springs are free from defects in materials and workmanship for a period of 24 months from the date of purchase. This warranty is voided if the air springs are used, or applied, in a manner other than as recommended by the Supplier.
36.3 POLYURETHANE PRODUCTS
These consumables are used as mounts and suspension bushes. The Supplier warrants that these products are free from defects in materials or faulty workmanship provided always that these products have been correctly installed in accordance with the Supplier’s recommendations. The warranty period is 3 months from date of purchase, and will not exceed the purchase price total of the products.
36.4 HEIGHT CONTROL VALVES
The Supplier warrants that all height control values supplied by the Supplier are free from manufacturing faults and material failures for a period of 12 months from date of purchase. Height control valves will not be warranted where the product failure is due to incorrect fitment, (or adjustment), poor maintenance, a contaminated air system or compressor failure.
36.5 No warranty claims will be considered if customer’s account is outside our trading terms.
36.6 These warranty conditions do not attempt to exclude, restrict or modify the application of any applicable laws of the Commonwealth, State or Territory which cannot be excluded, restricted or modified including the Australian Consumer Laws.
36.7 The warranties contained in this clause and the Suppliers liability under those warranties are limited by the provisions of clauses 24.2 to 24.5 (inclusive) and do not extend to defects caused or contributed to by accident, misuse, improper installation, neglect or wear and tear.
36.8 No warranty claims will be considered until the complete product, including all packaging and manuals, is returned to the Supplier at an address to be nominated by the Supplier, together with proof of purchase and a completed Warranty Claim Form (in the form provided by the Supplier upon request). The cost of dismantling, removing the product from any associated machinery and returning the product to the Supplier are to be paid by the Purchaser. The Supplier is not liable for any labour or other costs associated with removal or reassembly/reinstallation of the product the subject of a valid warranty claim.
Click here to read the complete terms of trade.