Kemflo Australia Pty Ltd (Trading as Gladiator Garageworks)
ABN 69 166 600 497
17 Hinkler Court, Brendale QLD 4500
Tel: 1800 452 342 Email: firstname.lastname@example.org
1. Subject to the Additional Information (Australia), where the product is supplied and purchased in Australia, the following shall apply:
a. THE SUPPLIER WARRANTS the product to be free from defects in materials and/or workmanship for a limited lifetime from the date of original purchase (the warranty period). Proof of purchase is required. Subject to the limitations and exclusions set out below, the Supplier hereby agrees to remedy any defects in materials or workmanship becoming apparent during the warranty period, by replacing or repairing any defective product or component (at its option) free of charge to the purchaser in respect of replacement parts or labour. Any defective product or component must be notified and where practicable, returned at the purchaser’s expense to the Supplier immediately upon discovery of the alleged defect and no attempt made on the part of the purchaser to repair it.
b. EXCEPTIONS, EXCLUSIONS AND LIMITATIONS TO WARRANTY. The product and/or its components must be fitted/assembled and loaded in accordance with the Supplier’s written instructions. This warranty does not cover defects, loss or damage resulting from circumstances beyond the Supplier’s control including, but not limited to misuse, overloading, or failure to assemble and/or fit the product or component in accordance with the Supplier’s written instructions. Nor does the warranty cover defects, loss or damage resulting from accidents or, unlawful use. Liability for direct, indirect, special, punitive, incidental, exemplary, contractual or consequential damage or loss arising from defects, faulty materials or design omissions or negligence or workmanship in the product or its components is hereby expressly excluded subject to the following. Certain Commonwealth legislation, including the Competition and Consumer Act 2010 (Cth), and other State and Territorial legislation confers upon purchasers rights which cannot be excluded from or be restricted or modified by contract. Any conditions, guarantees and/or warranties implied by law and incapable of exclusion are deemed to be expressly incorporated herein. Nothing herein contained is intended nor shall be permitted to be inconsistent with any such conditions, guarantees and/or warranties. To the extent permitted by legislation all conditions, guarantees and/or warranties such as implied warranties which are capable of exclusion are hereby expressly excluded and negatived.
Additional Information (Australia)
This information should be read in conjunction with clauses (a) and (b).
IMPORTANT LEGAL NOTICE
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
This warranty does not change or take away your rights under the Australian Consumer Law. Your right to claim under this policy for the benefits covered is in addition to other rights and remedies you have under the law in relation to the product.
Where you become aware of defects in materials or of workmanship, and wish to make a claim under this warranty you must do the following for the warranty to be honoured by your Gladiator dealer or Kemflo Australia Pty Ltd ABN 69 166 600 497
1. Make a claim as soon as practicable by contacting the Gladiator dealer from whom you purchased the product, who will give you instructions on how to proceed.
2. If you are unable to contact the Gladiator dealer, or the dealer is not able to remedy the defect, you should contact Kemflo as soon as practicable at:
Call: 1800 452 342
Alternately, you can write to Kemflo at 17 Hinkler Court, Brendale QLD Australia 4500 in order to make a claim under your warranty.
3. Upon contacting Kemflo directly, you should explain as fully as possible the defect. A Kemflo representative will provide you with appropriate instructions for returning the product together with a copy of the original purchase invoice or receipt to Kemflo.
4. The costs and expenses associated with making a claim under your warranty including the costs of complying with those instructions and of returning the product to Kemflo or the Gladiator dealer will be borne by you.
Following receipt of the product and purchase invoice or receipt, Kemflo or the Gladiator dealer must inspect the product to determine whether the claim falls within the warranty. If:
4.1 the claim falls within the warranty, Kemflo will remedy any defects in materials or workmanship becoming apparent during the warranty period, by replacing or repairing any defective product or component (at its option) free of charge to the purchaser in respect of replacement parts or labour.
4.2 the claim does not fall within the warranty, Kemflo will return the product to you at your expense.