23
(5)
any failure arising from accident, abuse, act of God, fire, sabotage, vandalism, contaminated fluids or neglect or failure to operate,
store and/or maintain and service the MTD Product in accordance with the instruction manual supplied with the MTD Product;
(6)
any parts or services required for the normal and regular maintenance of the MTD Product e.g. lubricants;
(7)
normal adjustments which are noted in the instruction manual supplied with the MTD Product;
(8)
any defect caused by the engine being turned other than in accordance with the instruction manual supplied with the MTD Product;
(9)
any defect arising from the use of:
(a)
fuel or fuel and oil mix for the engine;
(b)
chain and bar oil for the oil pump; or
(c)
lubricating oil in a four stroke engine;
in the MTD Product other than in accordance with the instruction manual supplied with the MTD Product; or
3.3
This Warranty:
(1)
is not transferable; and
(2)
does not apply to an MTD Product acquired by way of auction, or online, or from a person other than MTD or an authorised MTD dealer.
3.4
This warranty does not cover the cost of claiming under the warranty, including any freight or delivery costs. Such costs must be paid by you.
3.5
Despite any other provision of this Warranty, MTD’s liability arising from, under or in connection with this Warranty is limited as set out
in paragraph 5.1. Except as expressly set out in paragraph 5 and subject to law, MTD is not liable under this Warranty for any
damages, losses, costs or expenses including, without limitation, loss of profit, loss of production or any financial or economic loss,
and other indirect or consequential loss, which may be suffered by you or by any third party arising out of or in any way connected
with any defect in an MTD Product.
3.6
Except to the extent expressly set out in this warranty, and subject to law, MTD does not make any promise or representation as to the
quality, performance, or freedom from defects, of any MTD Product.
4
How to Claim
4.1
To make a claim under this Warranty you must promptly, and at your own expense, take your:
(1)
MTD Product;
(2)
proof of purchase with purchase date; and
(3)
evidence of warranty registration in accordance with paragraph 4.1;
to an authorised MTD dealer upon discovery of any defect in the MTD Product, and within the relevant Warranty Period. Your nearest
MTD dealer can be found at cubcadet.com.au, rover.com.au or mtd.com.au. You must also provide your name, address and phone
number to the MTD dealer to whom you return the MTD Product.
4.2
If you have any inquiries about making a claim, please contact the MTD dealer from whom you purchased your MTD Product or your
nearest MTD dealer.
5
MTD’s Obligations
5.1
The obligations of MTD under this warranty will be limited to one of the following at the election of MTD:
(1)
repair of the MTD Product;
(2)
provision of a replacement MTD Product; or
(3)
a refund of the price you paid for the MTD Product.
APAC-#23722698-v2