18
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 qualified auto
electrician or technician, or if non-genuine or non-approved
parts have been fitted;
8.7
faulty power supply, power failure, electrical spikes or surges,
lightning, flood, storm, hail, extreme heat, fire 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 specified 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, specified on the label
affixed 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 qualified 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 specifications) in fulfilling
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 benefit 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, officers 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,
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.
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:
Telephone: +61 8 8322 4848
