WARRANTY AGAINST DEFECTS
1 WHAT THIS WARRANTY RELATES TO
1.1 This warranty relates to any defect in the Goods, which becomes apparent and is reported to CNC in accordance to clause 4.1 (“Defect”).
1.2 The conditions applicable to the warranty given by clause 4.1 are:
(a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i) failure on the part of the Client to properly maintain any Goods or to follow any instructions or guidelines provided by CNC; or
(ii) the Client using the Goods for any purpose other than that for which they were designed; or
(iii) the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(iv) improper application or installation; or
(v) fair wear and tear, any accident or act of God.
(b) in respect of all claims CNC shall not be liable to compensate the Client for any delay in either replacing or remedying the workmanship or in properly assessing the Client’s claim; and
(c) the warranty shall cease and CNC shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without CNC’s consent.
1.3 For Goods not manufactured by CNC, the warranty shall be the current warranty provided by the manufacturer of the Goods. CNC shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
1.4 In the event that the manufacturer’s Goods are deemed to be faulty, CNC reserves the right to halt the commencement for re-installation of replacement Goods until such time as it is agreed between all parties the person/s that will be liable for all associated expenses with the re-installation of the Goods.
2 WHAT CNC WILL DO TO HONOUR THE WARRANTY
2.1 CNC will at their discretion will repair/replace or credit the faulty unit.
2.2 Any works required to be completed in addition to fixing the Defect are the responsibility of the Client. Additional works which may include but not limited to, include, data backup & retention, disassembling and reassembling may incur further charges
3 WHAT THE CLIENT MUST DO TO CLAIM THE WARRANTY
3.1 To claim the benefit of the warranty, the Client will need to:
(a) present the defective Goods/Services to CNC for inspection, including inspection for defective workmanship, or otherwise provide evidence of the claimed Defect; and
(b) provide evidence of proof of purchase upon request by CNC.
3.2 The claim listed in clause 3.1 may be made in person, or the claim may be sent to the address listed on this form, including the particulars required under clauses 3.1(a) and 3.1(b).
3.3 The appropriate form for making a warranty claim can be emailed upon request and must be used whether the claim is being made in person, or mailed to the business.
3.4 The Client acknowledges and accepts that all warranty claims will be dealt with by CNC during the normal hours, Monday-Friday. In the event that CNC is required to provide the Services urgently, that may require CNC’s staff to work outside normal business hours (including but not limited to working, after hours, weekends and/or Public Holidays) then CNC reserves the right to charge the Client additional labour costs (penalty rates will apply), unless otherwise agreed between CNC and the Client.
4 DURATION OF WARRANTY
4.1 This warranty will cease from the date the manufacturer warranty ends, which commences from date of sale, e.g. a 12-month warranty will end 12months from sale date or after the Client takes delivery of the Goods/Services in accordance with clause 6 of the Terms and Conditions of Trade.
4.2 If a Defect does not materialise in the Goods/Services prior to the date provided in clause 4.1, CNC will have no liability to the Client under this Warranty Against Defects and the Client releases CNC from all claims for loss or damage in any way connected with the Goods/Services from that date.
5 RESPONSIBILITY FOR COSTS OF CLAIM
5.1 CNC is responsible for the costs directly associated with repairing the Defect only.
5.2 Any works required to be completed under clause 2.2, which are in addition to those directly related to rectification of a Defect, will be at the cost of the Client.
6 RIGHTS AT LAW
6.1 The benefits given to the Client under this warranty are in addition to other rights and remedies of the Client at law in relation to the Goods/Services.
6.2 CNC’s Goods/Services come with guarantees that cannot be excluded under the Australian Consumer Law.
6.3 In the event that the Goods/Services are deemed defective (or part of them), the Client is entitled to (within a reasonable time):
(a) have the Goods repaired or replaced (or part of them), if the Goods/Services fail to be of acceptable quality and the failure does not amount to a major failure, or
(b) a refund if CNC is in breach of clause 6.3(a) (ie within a reasonable timeframe); or
(c) resupply or fix a problem with Services (or part of them); and
(d) in the event of a major failure with the Goods/Services, the Client shall be entitled to:
(i) Goods -a full refund or alternatively a replacement of the Goods (or part of them), and compensation for any other reasonably foreseeable loss or damage, or
(ii) Services-cancel the Client’s Service Contract with CNC and a refund for the unused portion or compensation for its reduced value.