39
1.
In this Warranty, the term “
Products
” means:
1.1
all new products manufactured or supplied by REDARC (excluding its solar products
which are covered by REDARC’s Solar Product Warranty); and
1.2
any component of or accessory for any product in clause 1.1 manufactured or supplied
by REDARC.
Offer and duration of product warranties
2.
REDARC warrants that its Products will be free, under normal application, Installation,
use and service conditions, from defects in materials and workmanship affecting normal
use, for
2 years
from the date of purchase (“
Warranty Period
”).
3.
The replacement of any component or part of your unit under warranty will not extend the
period of warranty.
4.
Where a Product malfunctions or becomes inoperative during the Warranty Period, due
to a defect in materials or workmanship, as determined by REDARC, REDARC will, in
exercise of its sole discretion, either repair or replace the defective Product.
If REDARC determines that the defective Product cannot be repaired or replaced, then
REDARC will provide a refund to the Purchaser for the purchase price paid for the
defective Product. REDARC will cover any shipping cost for replacement.
5.
For purposes of clarity, “repair or replace the defective Product” does not include any
removal or re-installation costs or expenses, including, without limitation, any labor costs
or expenses, shipping costs to return non-conforming Products or any damages that may
occur during the return of Product to REDARC.
6.
The remedies set forth herein constitute the exclusive and maximum liability of REDARC,
to the extent permitted by applicable law, with respect to the manufacture, sale, delivery,
installation, operation or use of the Products, whether arising out of contract, negligence,
tort or under any warranty or other legal theory.
Exclusions and limitations
7.
This Warranty will not apply to, or include any defect, damage, fault, failure or
malfunction of a Product, which REDARC determines, in exercise of its sole discretion, to
be due to:
7.1
normal wear and tear or exposure to weather conditions over time;
7.2
accident, misuse, abuse, negligence, vandalism, alteration or modification;
7.3
used or second-hand products;
7.4
non-observance of any of the instructions supplied by REDARC, including instructions
concerning installation, configuring, connecting, commissioning, use or application of the
Product, including without limitation choice of location;
7.5
failure to ensure proper maintenance of the Product strictly in accordance with REDARC’s
instructions or failure to ensure proper maintenance of any associated equipment or
machinery;
7.6
repairs to the Product that are not strictly in accordance with REDARC’s instructions;
7.7
installation, repairs or maintenance of the Product by, or under the supervision of, a
person who is not a qualified auto electrician or technician, or if non- genuine or non-
approved parts have been fitted;
7.8
faulty power supply, power failure, electrical spikes or surges, lightning, flood, storm, hail,
extreme heat, fire or other occurrence outside the control of REDARC;
or
7.9
use other than for any reasonable purpose for which the Product was manufactured.
7.10
use or installation in violation of the instructions or restrictions prescribed by any
applicable standard or code, including those contained in the latest National Electrical
Code, Standards for Safety of Underwriters Laboratory, Inc. (UL) the American National
Standards Institute (ANSI), or the Canada Standards Association (CSA).
8. REDARC shall not be liable for:
8.1 any loss of profit, direct, indirect, special, penalty, incidental, secondary,
contingent or consequential damages or expenses of any kind resulting from
a breach of this warranty; including without limitation damages resulting from
loss of use, profits, business or goodwill, even if REDARC was advised of or was
otherwise aware of the possibility of such damages.
8.2 service, labor, installation or delivery charges incurred in removing or replacing a
Product.
9.
Warranty claims in respect of a Product must be made in writing to REDARC and
received at the postal address or email address specified in clause 24 within the
Warranty Period.
Such claims must include the following:
9.1
details of the alleged defect or fault and the circumstances surrounding the defect or
fault;
9.2
evidence of the claim, including photographs of the Product (where the subject of the
claim is capable of being photographed);
9.3
the serial number of the Product, specified on the label affixed to the Product; and
9.4
proof of purchase documentation for the Product from an authorized distributor.
10.
The return of any Products without the prior written instructions of REDARC will not be
accepted by REDARC.
11.
Without limiting any other clause in this Warranty, REDARC has the right to reject any
Warranty claim made by a Purchaser pursuant to this Warranty where:
11.1
the Purchaser does not notify REDARC in writing of a Warranty claim within the Warranty
Period;
11.2
the Purchaser does not notify REDARC in writing of a Warranty claim within 1 month
of becoming aware of the relevant circumstances giving rise to the claim, so that any
further problems with the Product are minimized;
11.3
the serial number of the Product has been altered, removed or made illegible without the
written authority of REDARC;
11.4
the Purchaser is unable to provide proof of purchase documentation in accordance
with clause 7.4 or evidence that the Product was properly installed and removed (if
relevant), and that proper maintenance has been performed on the Product, by, or under
the supervision of, a qualified auto electrician or technician, in accordance with the
instructions of REDARC.
12.
If the Product is found to be working satisfactorily on return to REDARC or upon
investigation by REDARC, the Purchaser must pay REDARC’s reasonable costs of testing
and investigating the Product in addition to shipping and transportation charges. Where
REDARC is in possession of the Product, the Product will be returned to the Purchaser on
receipt of the amount charged.
13.
Any replaced Products or components of Products shall become the property of
14.
REDARC may, in exercise of its sole discretion, deliver another type of Product or
component of a Product (different in size, color, shape, weight, brand and/or other
specifications) in fulfilling its obligations under this Warranty, in the event that REDARC
has discontinued manufacturing or supplying the relevant Product or component, so long
as the replacement Product or component performs at substantially the same level and
carries out substantially the same function as the Product or component being replaced.
Other conditions of Warranty
15.
If the Purchaser acquired a Product for the purpose of resupply, then this Warranty shall
not apply to that Product. In particular, the sale of a Product via an online auction, online
store or other internet website by a party that is not an authorized distributor or reseller
of the Product will be deemed to be a resupply and will render this Warranty void.
16.
A Purchaser shall only be entitled to the benefit of this Warranty after all amounts owing
in respect of the Product have been paid.
17.
To the maximum extent permitted by law, REDARC does not warrant that the operation of
the Products will be uninterrupted or error-free.
18.
To the maximum extent permitted by law, REDARC’s determination of the existence of
any defect and the cause of any defect will be conclusive.
19.
The agents, officers and employees of any distributor or reseller of the Products and of
REDARC are not authorized to vary or extend the terms of this Warranty.
20.
REDARC shall not be responsible or liable to the Customer or any third party in
connection with any non-performance or delay in performance of any terms and
conditions of this Warranty, due to acts of God, war, riots, strikes, warlike conditions,
plague or other epidemic, fire, flood, blizzard, hurricane, changes of public policies,
terrorism and other events which are beyond the control of REDARC. In such
circumstances, REDARC may suspend performance of this Warranty without liability for
the period of the delay reasonably attributable to such causes.
21. Except for the foregoing Warranty, there are no other representations, conditions
or warranties express or implied with respect to the Products, including
representations, conditions or warranties of merchantability, fitness for a
particular purpose or non-infringement which conditions, representations and
warranties are expressly disclaimed, to the extent permitted by applicable law.
22.
REDARC reserves the right to use new, reconditioned, refurbished, repaired or re-
manufactured products or parts in the repair or replacement of any Product covered by
this Warranty.
23.
If a clause or part of a clause in this Warranty can be read in a way that makes it illegal,
unenforceable or invalid, but can also be read in a way that makes it legal, enforceable
and valid, it must be read in the latter way. If any clause or part of a clause in this
Warranty is illegal, unenforceable or invalid, that clause or part is to be treated as
removed from this Warranty, but the rest of this Warranty is not affected.
REDARC’s contact details
24.
REDARC’s contact details for the sending of Warranty claims under this
Warranty are:
REDARC Corporation Pty Ltd
c/o SHALLCO, INC.
308 Component Dr.
Smithfield, NC 27577
Email:
power@redarcelectronics.com
Telephone: +1 (704) 247-5150 if you are calling from the USA
+52 (558) 526-2898 if you are calling from Mexico
+1 (604) 260-5512 if you are calling from Canada
(calls are answered between 8am and 5.30pm Australian Central Standard Time (ACST)
25.
REDARC reserves the right to modify this Warranty from time to time and any
modifications shall be effective for all orders placed on or after the effective date of such
revised warranty.
Some states, provinces or territories do not allow exclusion or limitation of certain types
of damages, or permit limitations on the length of implied warranties, so certain of these
warranty limitations may not apply to the Purchaser. This Warranty gives the Purchaser
specific legal rights. The Purchaser may also have other rights which vary from state to
state, province to province or territory to territory. If any term of this Warranty is held to
be illegal or unenforceable, the legality and enforceability of the remaining terms shall
not be effected or impaired. This Warranty allocates risk of Product failure between the
Purchaser and REDARC, and REDARC’s Product pricing reflects this allocation of risk and
the limitations of liability contained in this Warranty.
UNDER NO CIRCUMSTANCES SHALL REDARC’S AGGREGATE LIABILITY ARISING OUT OF
OR IN CONNECTION WITH A DEFECTIVE PRODUCT, IN CONTRACT, TORT OR OTHERWISE,
EXCEED THE PURCHASE PRICE OF THE PRODUCT TO WHICH SUCH LIABILITY RELATES.
6
TWO-YEAR PRODUCT WARRANTY — NORTH AMERICA
Over the last four decades our company has established a reputation as the power conversion specialist.
A 100% Australian-owned company, we have met the needs of customers in transport and other industries through exciting, innovative thinking. We believe in total customer
satisfaction and practice this by offering our customers:
• Technical advice free of jargon and free of charge
• Prompt turnaround of orders throughout Australia and globally
• Friendly, personalized, professional service and product support
In the unlikely event that a technical issue arises with a REDARC product, customers are encouraged to initially contact the REDARC Technical Support Team at the phone number
and e-mail listed in clause 24 for prompt and efficient diagnosis and product support.
REDARC Corporation Pty Ltd (“
REDARC
”) offers a warranty in respect of its Products purchased from an authorized distributor or reseller of REDARC by a person who is the original retail purchaser
(“
Purchaser
”), on the terms and conditions, and for the duration, outlined below in this document (“
Warranty
”).
