Heatseeker UniPanel®
Solar Pool Heating
21
8
Subject to clause 9, any condition or warranty which
would otherwise be implied in this agreement or in
relation to the Product is hereby excluded.
9
Where legislation implies in this agreement or in
relation to the Product any condition or warranty,
and that legislation avoids or prohibits provisions in
a contract excluding or modifying the application
of or exercise of or liability under such condition or
warranty, the condition or warranty shall be deemed to
be included in this agreement. However, the liability of
Supreme Solar Pty Ltd for any breach of such condition
or warranty shall be subject to clause 14 and any other
applicable exclusions set out in this agreement, be
limited, at the option of Supreme Solar Pty Ltd, to one or
more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of
equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of having the goods
repaired; and
(b) if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the
services supplied again.
What Supreme Solar Pty Ltd will do
10 For defects relating to installation of the Product,
Supreme Solar Pty Ltd will, in its absolute discretion:
(a) repair the Product or pay for the cost of having the
Product repaired; or
(b) replace the Product or supply an equivalent
Product; or
(c) pay for the cost of replacing the Product or
acquiring an equivalent Product;
if the terms and conditions of this warranty are satisfied.
Supreme Solar Pty Ltd will not be liable for any other
loss or damage (including consequential or indirect
damages).
11 Supreme Solar Pty Ltd reserves the right to charge the
Purchaser, at Supreme Solar Pty Ltd’s current hourly
rate, for the cost of examining the Product if such
examination by Supreme Solar Pty Ltd reveals that the
Product:
(a) is not defective; or
(b) is defective as a result of any of the events specified
in paragraph 7.
What the Purchaser must do
12 Any claim under this warranty must be made at the
earliest stage that the defect becomes obvious to
enable prompt action and to avoid further damage and
must be made no later than one (1) month of the defect
becoming obvious.
13 Any claim for warranty must be accompanied by
appropriate documentation which stipulates the date
of installation, the invoice number, the details of the
alleged defect and any other information reasonably
required by Supreme Solar Pty Ltd.
14 Purchaser agrees to pursue any claims in relation to
defective parts against the manufacturers or suppliers
referred to in clause 3, 4, 5 and 6.
Whole agreement
15 This warranty and any warranties implied by law which
are not capable of being excluded or modified from the
whole warranty agreement between Supreme Solar Pty
Ltd and the Purchaser and all other warranties, express
or implied, whether arising by statute or otherwise, are
excluded and cancelled.
Governing law
16 This warranty is governed by the laws of the State
specified in paragraph 17(c).
Defined terms
17 (a)
Purchaser
The person who has purchased the
Product and is able to produce proof
of such purchase
(b)
Product
Supreme Solar Pty Ltd solar pool
heating system
(c)
Governing law
(paragraph 16):
Victoria, Australia
Consumer guarantee
18 This warranty is provided in addition to consumer
guarantees and does not alter, limit or replace them.
