Meiko Australia Pacific Pty Ltd - Warranty Policy

PLEASE READ THIS DOCUMENT CAREFULLY. THIS DOCUMENT CONTAINS IMPORTANT INFORMATION ABOUT COVERAGE UNDER THIS WARRANTY, INCLUDING YOUR OBLIGATIONS, YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW, AND OTHER IMPORTANT CONDITIONS, LIMITATIONS, AND EXCLUSIONS.
This warranty against defects is given by Meiko Australia Pacific Pty Ltd (ACN 124 683 076).

What is covered by this warranty?
Subject to the conditions, limitations, and exclusions contained in this warranty, we offer a limited warranty which applies to our products (“Products”). Where we have provided you with a separate warranty covering a specific product, the terms and conditions of this warranty do not apply.

To whom is this warranty given?
This warranty is given to the original purchaser of the Products (“Customer,” “you”). You may only transfer or assign the benefit of this warranty with our prior written and fully informed consent. This warranty is otherwise non transferrable. We may transfer or assign our rights or obligations under this warranty at our sole discretion.

Application and Warranty Period
We warrant that the Products will be free from defects in design, materials, and workmanship which arise under their normal intended use , and which would render them unserviceable or unfit for their normal intended use (or any other particular use specified by you, and agreed by us, as a condition of your order prior to the Products being supplied). The applicable warranty period is twelve (12) months (“Warranty Period”). We are only obliged to consider your warranty claim if you submit your claim to us within the Warranty Period.

Commencement of Warranty Period
If you acquire the Products from us, the Warranty Period commences from the date:
1. that you take possession of the Products; or
2. the Products are installed, whichever is the earliest date.

Pre-conditions for making a warranty claim
To receive the benefit of this warranty:
1. all invoices relating to the Product that is the subject of your warranty claim must be paid in full before we will consider your claim;
2. the Product that is the subject of your warranty claim must have been supplied and installed in Australia by a suitably qualified person (in accordance with any applicable installation guidelines); and
3. you must notify us within thirty (30) days of identifying a problem or defect that you wish to claim a remedy for under this warranty.

No extension to Warranty Period
Replacements carried out by us under this warranty will not extend the Warranty Period, nor will they result in the Warranty Period being restarted, nor a new Warranty Period being initiated. The warranty period in respect of any replacements will end upon the expiry of the initial Warranty Period. No employee or agent of ours is authorised to extend the Warranty Period or otherwise expand the scope of this warranty.

Our obligations under this warranty
At our election, and subject to the terms of this warranty, we will replace the Product the subject of your warranty claim, if:
1. we agree the Product has a defect that is covered by this warranty; and
2. you have:
(a) satisfied the pre-conditions for making a warranty claim;
(b) made a warranty claim within the Warranty Period; and
(c) completed the requirements set out herein.

We may require you to make the Product available for inspection by us or our authorised representative. We may also require the attendance of the builder or installer (or their authorised representatives). Where this occurs, we will not be liable for any costs you incur in connection with their attendance. We reserve the right to charge you a service fee for the inspection of any Product that is the subject of your warranty claim. If we or our authorised representative inspect the Product and determine there to be a defect that is covered by this warranty, then we will waive or refund the service fee. Where we agree to accept your warranty claim, repairs or a replacement product will be provided to you free of charge. Where the Product cannot be suitably repaired or no replacement product is available, an equivalent product or refund will be provided to you. Risk of loss or damage to the repaired or replacement product passes to you or to your agent or to your nominated carried upon delivery or collection of the repaired or replacement product (as the context requires). To the extent permitted by law, our liability under this warranty is limited to us refunding, repairing , or replacing the defective Product that is the subject of your warranty claim, or supplying you with an equivalent product.

What is expressly excluded from this warranty?
For the purposes of this warranty, and for the removal of doubt, we will not be obliged to refund, repair or replace any Products that are the subject of damage caused by:
1. normal wear and tear;
2. misuse or abuse (whether wilful, accidental, or negligent);
3. external forces (including, without limitation, impact damage);
4. improper maintenance, handling, or storage;
5. corrosion (e.g. excessively salty atmospheres) or water or moisture damage (where the Products are not intended to be used in a corrosive or wet environment);
6. improper installation (where installation was not carried out in accordance with our installation guidelines or those of the relevant manufacturer);
7. exposure to radiation, or harmful or caustic chemicals;
8. any use of the Products other than their normal intended use or in an application that is not fit for purpose;
9. exposure to loads or stresses in excess of Product specifications and our installation guidelines (or those of the relevant manufacturer);
10. modifications, alterations, or repairs made without our prior written and fully informed consent; or
11. natural events or disasters, including, without limitation, explosion, fire, lightning, hail, earthquakes, or floods.

Further limitations and exclusions
To the extent permitted by law, this warranty expressly excludes:
1. the cost of removing and disposing of the Product the subject of your warranty claim;
2. the cost of installing the replacement product;
3. freight, handling, and storage costs;
4. damage to personal property;
5. liability for any liquidated damages you incur;
6. costs associated with third-party evaluations, reports, or repairs that have been undertaken without our prior written and fully informed consent; and
7. additional charges incurred by you such as parking, accommodation , or travel costs or time.

Given that Products may be discontinued from time to time, we cannot guarantee that replacement Products supplied under this warranty will be identical to the Product that is replaced. We will however take reasonable steps to ensure that the replacement Product supplied will be comparable to the Product which has been replaced in terms of its appearance , quality, and specifications (wherever possible). We will rectify any defect as soon as practicable but will not be liable for any loss or damage whatsoever caused by any delay.

How to make a claim under this warranty
To make a claim under this warranty you must, prior to the expiry of the Warranty Period and within thirty (30) days of discovering the relevant Product defect, contact us and provide details of your warranty claim, with particulars, in writing. Warranty Against Defects Given the nature of our Products and potential risk created by Product defects, we may reasonably require you to provide certain particulars to assist us with determining warranty claims and inspecting Products, including but not limited to the following:
1. Product delivery conditions;
2. information relating to Product usage; and
3. Product storage conditions.

We may also ask you to provide proof of purchase documentation, as well as any other information or documents (such as photographic or video evidence) requested by us that we deem reasonably necessary to assess your warranty claim. Upon receipt of your warranty claim and any relevant documentation, we may contact you to arrange for a time for us or our authorised representative to inspect the Product that is the subject of your warranty claim. You are responsible for any expenses of making a claim under this warranty.

No exclusion or limitation of statutory rights
Nothing in this warranty is to be read or construed to exclude, limit, or modify or have the effect of excluding, limiting, or modifying any right or remedy, or any guarantee, term, condition, warranty, or undertaking implied or imposed by any state or federal legislation which cannot lawfully be excluded or limited.

Australian Consumer Law
This section applies where you are deemed to be a ‘consumer’ for the purposes of Schedule 2 to the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”). The benefits given to you under this Warranty are in addition to any rights and remedies that you may have under Australian Consumer Law. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: · to cancel your service contract with us; and · to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service. This is not an exhaustive list of your rights under the Australian Consumer Law.

Contact details
Our contact details are as follows:

Address: PO BOX 1334 Chatswood NSW 2067
Tel: 1300 562 500
Email: service@meiko.com.au
Web: www.meiko.com.au