discretion, to be reasonably incurred, provided that the claim is notifi ed
to Redarc in writing at the postal address or email address specifi ed in
clause 23 and includes:
7.1 details of the relevant expenses incurred by the Purchaser; and
7.2 proof of the relevant expenses having been incurred by the
Purchaser.
Exclusions and limitations
8.
This Warranty will not apply to, or include any defect, damage, fault,
failure or malfunction of a Solar Product, which Redarc determines to
be due to:
8.1 normal wear and tear or exposure to weather conditions over
time;
8.2 accident, misuse, abuse, negligence, vandalism, alteration or
modifi cation;
8.3 non-observance of any of the instructions supplied by Redarc,
including instructions concerning installation, confi
guring,
connecting, commissioning, use or application of the Solar
Product, including without limitation choice of location;
8.4 failure to ensure proper maintenance of the Solar Product strictly
in accordance with Redarc’s instructions or failure to ensure
proper maintenance of any associated equipment or machinery;
8.5 repairs to the Solar Product that are not strictly in accordance
with Redarc’s instructions;
8.6 installation, repairs or maintenance of the Solar Product by, or
under the supervision of, a person who is not a qualifi ed auto
electrician or technician, or if non-genuine or non-approved parts
have been fi tted;
8.7 faulty power supply, power failure, electrical spikes or surges,
lightning, fl ood, storm, hail, extreme heat, fi re or other occurrence
outside the control of Redarc;
8.8 use other than for any reasonable purpose for which the Solar
Product was manufactured;
8.9 any indirect or incidental damage of whatever nature outside the
control of Redarc.
9.
Warranty claims in respect of a Solar Product must be made in writing
to Redarc at the postal address or email address specifi ed in clause
23 within the relevant warranty period applicable to that Solar Product
pursuant to clause 2 or clause 4. 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 Solar Product
(where the subject of the claim is capable of being photographed);
9.3 the serial number of the Solar Product, specifi ed on the label
affi xed to the Solar Product; and
9.4 proof of purchase documentation for the Solar Product from an
authorised distributor or reseller of Redarc, which clearly shows
the date and place of purchase.
The return of any Solar Products without the prior written instructions of
Redarc will not be accepted by Redarc.
10. 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:
10.1 the Purchaser does not notify Redarc in writing of a warranty
claim within relevant warranty period applicable to that Solar
Product;
10.2 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
Solar Product are minimised;
10.3 the serial number of the Solar Product has been altered, removed
or made illegible without the written authority of Redarc;
10.4 the Purchaser is unable to provide proof of purchase
documentation in accordance with clause 9.4 or evidence
that the Solar Product was properly installed, and that proper
maintenance has been performed on the Solar Product, by, or
under the supervision of, a qualifi ed auto electrician or technician,
in accordance with the instructions of Redarc.
11. If the Solar 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 Solar
Product in addition to shipping and transportation charges. Where
Redarc is in possession of the Solar Product, the Solar Product will be
returned to the Purchaser on receipt of the amount charged.
12. Any replaced Solar Products or components of Solar Products shall
become the property of Redarc.
13. Redarc may, in exercise of its sole discretion, deliver another type
of Solar Product or component of a Solar Product (different in size,
colour, shape, weight, brand and/or other specifi cations) in fulfi lling
its obligations under this Warranty, in the event that Redarc has
discontinued manufacturing or supplying the relevant Solar Product
or component at the time of the warranty claim, or where such Solar
Product or component is superior to that originally purchased by the
Purchaser.
Other conditions of Warranty
14. If the Purchaser acquired a Solar Product for the purpose of resupply,
then this Warranty shall not apply to that Solar Product.
15. In particular, the sale of a Solar Product via an online auction, online
store or other internet website by a party that is not an authorised
distributor or reseller of the Solar Product will be deemed to be a
resupply within the meaning of the Australian Consumer Law and will
render this Warranty void, as Redarc has no control over the storage,
handling, quality or safety of Solar Products sold by such persons.
16. A Purchaser shall only be entitled to the benefi t of this Warranty after all
amounts owing in respect of the Solar Product have been paid.
17. While Redarc warrants that the Solar Products will be free from defects
in materials and workmanship in the circumstances set out in this
Warranty, to the maximum extent permitted by law Redarc does not
warrant that the operation of the Solar 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. Spare parts or materials for the Solar Products are guaranteed to be
available for a period of at least 2 years after purchase of the Solar
Products.
20. The agents, offi cers and employees of any distributor or reseller of the
Solar Products and of Redarc are not authorised to vary or extend the
terms of this Warranty.
21. 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, fi re, fl ood,
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.
22. 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
23. Redarc’s contact details for the sending of warranty claims under the
Warranty are:
Redarc Electronics Pty Ltd
23 Brodie Road (North), Lonsdale SA 5160
Email:
power@redarc.com.au
Telephone: +61 8 8322 4848