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The Flextool warranty in respect the products outlined below is made up of the terms set out expressly in this document (the Warranty). The benefits of the Warranty are in addition to other rights and remedies under any applicable law. This Warranty applies only to Products sold by Flextool, a division of Parchem Construction Supplies Pty Ltd (ACN 069 961 968) at 1956 Dandenong Road Clayton, Victoria, 3168, Phone: 1300 353 986 and Email: email@example.com
1. The Warranty
Subject to the limitations and exclusion outlined in paragraphs 5 and 6, Flextool warrants that the Product supplied to you, will, under normal use, be free from defects arising in the manufacture of the Product from the date purchase for the Term outlined in table below:
|1 year (equipment only, excludes hand tools and consumables)
|3 years - Soil Compaction
|1 year - Concrete Vibrators
|Smith Performance Sprayers
2. Making a claim
To make a claim under this Warranty you must, give Flextool written notice of any claim pursuant to the Warranty within 28 days of any alleged defect or failure of the Product first becoming apparent and in doing so provide to Flextool the original invoice or other proof of purchase document disclosing the purchase date, along with details of the alleged defect or failure. Notices must be sent to Flextool Administration 1956 Dandenong Road Clayton, Victoria, 3168. You are responsible for the expense of making a claim under this Warranty.
3. What Flextool will do
In the event that a claim is made under this Warranty and it is established to Flextool’s satisfaction that there is a manufacturing defect in the Product, Flextool will:
a. repair the Product; or
b. provide replacement Product or supply an equivalent Product (in a manner Flextool considers reasonable), in these circumstances, Flextool will have full discretion to choose which of the above actions are undertaken to remedy the defect. However, Flextool will not be responsible under this Warranty for, nor pay the costs of, removing the existing Product, or reinstalling the new Product, or any associated costs or damages.
4. Limitations of the Warranty
Subject to paragraph 7, this Warranty does not extend to, and Flextool will liable under the Warranty in the event that defects in the Product are directly or indirectly, in the opinion of Flextool, due to or result from:
a. Unreasonable use: the Product not being used correctly in accordance with the operating instructions or other unreasonable use;
b. Instructions: failure to observe any instructions or directions (including any installation instructions, “hazards and risks” notifications, safety instructions and specified applications for the Product in the operating instructions), provided with the Product or given to the purchaser by Flextool;
c. Unauthorised acts: modifications or repairs made or attempted to be made by you or any unauthorised person, including use of unauthorised parts or attachments;
d. Service/maintenance/storage: lack of proper maintenance, service, storage or care of the Product, including failing to follow procedures specified in the instructions for use or care;
e. Outside control: events or acts beyond the reasonable control of Flextool, including accidents;
f. Contamination: use of contaminated oils, fuels or lubricants;
g. Wear and tear: ordinary wear and tear; or
h. Other specified causes: any other causes specified in the instructions for use or care as being excluded from this Warranty.
5. In addition, subject to paragraph 7 this warranty does not cover
a. Modifications: Flextool will not be required to incorporate modifications made to existing/future Product models;
b. Travel and transport expenses: incurred by Flextool in either travelling to and from or transporting the Product to and from your premises and to the authorised repairer - you will need to pay for these travelling and transport expenses;
c. Consumables: including, for example, filters, belts, hoses, lubricants, blades and cutters;
d. Risks: to the Product while in transit to and from your premises to the authorised repairer; or
e. Additional access expenses: incurred by Flextool in obtaining access where the Product is not readily accessible - you will need to pay for any additional expenses.
6. This warranty is only valid when Flextool has been paid in full for the product.
7. The benefits given by this warranty are in addition to other rights and remedies of the consumer under any law in relation to the products which cannot be excluded.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
8. This warranty is not intended to create a contract between the purchaser and Flextool.