1.1. Air Diffusion Agencies Pty Limited (ADA, we, our, or us as applicable), hopes that you enjoy many years of comfort with the products which we have manufactured or supplied to you.
1.2. ADA warrants that the products set out in clause 2 shall be free from defects that result directly from faulty design, materials and/or workmanship (a defect), strictly on the terms and conditions in this document (the Warranty).
1.3. This Warranty sets out terms that are in addition to the terms and conditions of sale. These terms will prevail to the extent of any inconsistency between the terms in this Warranty and the terms and conditions of sale.
2. Length of the Warranty
2.1. This Warranty commences from the day you purchase your goods from ADA and continues for the respective periods as follows:
|Main Control Unit||5 years|
2.2. Repairs or replacements carried out under this Warranty will not extend the Warranty period, nor will they result in the Warranty period being restarted or a new Warranty period being started.
2.3. The Warranty period for any replacement parts or new products installed will end upon the expiration of the initial Warranty period.
2.4. This is a non-transferable Warranty and is only for the benefit of the original purchaser of the product and is only valid in Australia.
2.5. If the product is installed in a premise which is not occupied by the original purchaser of the product, then the term of the Warranty is limited to one (1) year, despite any other term set out in this document.
3. How to make a claim
3.1. In the unlikely event that your product should exhibit a defect, you must contact ADA within the first 5 days of noticing the fault and prior to the expiry of this Warranty as follows:
Ph: 08 8307 2380
3.2. To be eligible for the Warranty, you must provide proof of purchase of the product from ADA or an authorised retailer of ADA products when making the claim.
3.3. Following receipt of your Warranty claim ADA will contact you to arrange an appropriate time for ADA to inspect the product.
3.4. You must stop using the product upon noticing a defect and, or making a claim unless ADA confirms that you may continue to do so. If you continue to use the product without confirmation from ADA, then this Warranty will not apply.
4. Repair and Replacement of Products
4.1. ADA will repair or replace at its absolute discretion, without charge to the original purchaser (subject to clause 6), any product subject to this Warranty which has a defect. You will be responsible for any other costs including installation costs, travelling costs or freight charges.
4.2. In the event of replacement, ADA shall endeavour to provide a replacement product from the same product line. However, if the product line has been discontinued or the product is otherwise not available, ADA reserves the right to provide a replacement product that, in ADA’s sole discretion, is similar to the defective product.
4.3. If identical materials are no longer available, ADA reserves the right to substitute materials of equal or higher quality when necessary.
5. Australian Consumer Law
5.1. This clause 5 applies if you are a ‘consumer’ for the purposes of the Australian Consumer Law, as set out in Schedule 2 of the Competition and Consumer Act 2010.
5.2. 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.
5.3. The benefits provided under this Warranty are in addition to other rights and remedies of a consumer under the Australian Consumer Law and any other laws in relation to the products to which this Warranty relates.
6. Service Fee
6.1. We reserve the right to charge a service fee to inspect any products that are the subject of a claim under this Warranty if we determine that the product is not defective or the Warranty does not apply because of any of clauses 3.2, 3.4 or the exclusions in clause 7.
6.2. Our service fees are set out below and are subject to variation by ADA from time to time.
|Call out fee||$250 plus GST|
|Labour charges||$140 plus GST per hour or part of an hour|
7.1. To the extent permitted by law, this Warranty does not apply if the damage which is the subject of any Warranty claim by you is caused or contributed to by any act other than an inherent fault in the product including, but not limited to:
7.1.1. Fair wear and tear due to the ordinary use of the product;
7.1.2. The product being used for other than its intended use;
7.1.3. Misuse, abuse, neglect, accidents, excessive use or deliberate damage to the product;
7.1.4. Faulty, incorrect, incomplete or improper installation of the product;
7.1.5. Modifications, alterations or repairs that are made by any person other than ADA or as authorised by ADA;
7.1.6. Excessive exposure to steam, moisture, heat or other environmental conditions, including without limitation corrosive environments, fire, lightning, high winds, or hail;
7.1.7. Electrical faults, power surges, blackouts, brownouts and the like;
7.1.8. Incorrect voltage or non-authorised electrical connections;
7.1.9. Insects or animals;
7.1.10. Acts of god, war, riot and terrorism;
7.1.12. Failure to follow the instructions or procedures in any manual provided to you; and
7.1.13. Inadequate or improper cleaning and/or maintenance of the product as specified or recommended by ADA.