D-Guard
2
6
WARRANTY STATEMENT
1.
Consumers have the benefit of conditions and warranties implied by the Trade Practices Act 1974 (TPA) and
similar provisions of State and Territory enactments and nothing in these conditions is intended to exclude,
restrict or modify any statutory obligation of GASTECH PTY LTD (Company) if that cannot lawfully be
effected.
2.
This warranty relates only to Equipment manufactured and services supplied by the Company, its related
corporations and subsidiaries. Equipment or any part thereof which is returned to the Company,
transportation prepaid, within 15 months from the date of dispatch from the Company’s premises or 12
months from the date of shipment to the ultimate user (whichever occurs first) and is found by the
Company, after examination, to be defective in workmanship or materials, will be either repaired or
replaced as determined by the Company, free of charge. The terms of this paragraph apply unless stated
otherwise in this instruction manual.
3.
This warranty does not apply to:
a)
replacement or repairs which are required as a results of improper installation, misuse,
maladjustment modification or lack of routine maintenance by others;
b)
items subject to deterioration or consumption in normal service, that is, those which must be
cleaned, repaired or replaced routinely such as (but not limited to) lamps, bulbs and fuses, pump
diaphragms and valves, absorbent cartridges, filter elements and batteries; or
c)
goods, materials or parts supplied or manufactured by unrelated third parties and provided to the
Purchaser at the specific request of the Purchaser and such goods, materials or parts will be
repaired or replaced only to the extent of the original suppliers warranty.
4.
Should the Company be liable for breach of a condition or warranty (other than the pursuant to section 69
of the TPA) implied by Division 2 of Part V of the Act (other than that implied by section 69 of the TPA) the
liability of the Company for such breach shall, subject to section 68A(2) of the TPA, be limited to one of the
following as determined by the Company.
a)
the replacement of the Equipment or the supply of equivalent Equipment-,
b)
the payment of the cost of replacing the Equipment or of acquiring equivalent Equipment.
5.
Subject to Clauses 2 and 4 and any legislation to the contrary:
a)
representatives and agreements not expressly contained herein shall not be binding upon the
Company as conditions, warranties or representations; all such conditions, warranties, and
representations on the part of the Company, whether express or implied, statutory or otherwise,
whether collateral or antecedent or otherwise are hereby expressly negatived and excluded;
b)
the Company shall be under no liability to the Purchaser for any loss (including but not limited to
loss of profits and consequential loss) or for damage to persons or property or for death or injury
caused by any act or omission (including negligent acts or omissions) of the Company or the
Company’s agents, wherever occurring, arising from the subject matter of this agreement;
c)
the Purchaser shall indemnify the Company against any claims made against the Company by any
third party in respect of any such loss, damage, death or injury as is set out in sub-paragraph b)
hereof; the Purchaser further agrees to indemnify the Company against all losses and expenses
which the Company may suffer or incur due to the failure of the Purchaser fully to observe its
obligations under this contract; and
d)
no warranty is given and no responsibility is accepted by the Company to ensure the Equipment
supplied complies with any statutory requirements relating to the marketing of goods. Compliance
with such legislation shall be the sole responsibility of the Purchaser.
e)
the Company specifically denies any liability for the overall performance of any plant or the results
of any process with which the Equipment is integrated.
