1. Definitions

ACL means the Competition and Consumer Act 2010 (Cth) and any Regulations forming part of or passed under it (collectively “ACL”);

Agreement means the Credit Application (if applicable), these Terms and Conditions along with each Purchase Order delivered by the Purchaser to the Supplier for the supply of Goods;

Credit Application means the application made or to be made by the Purchaser for credit to be provided by the Supplier to the Purchaser;

Goods means the goods and/or other items of personal property supplied or to be supplied by the Supplier to the Purchaser in accordance with a Purchase Order and/or this Agreement and, for the purposes of clause 8, includes commingled goods and any other item in which any Goods may be incorporated as parts, components or materials and the proceeds of sale of any of them. Where the Goods include any form of intellectual property, the Goods include only the right to use that intellectual property and do not include the intellectual property itself;

PPSA means the Personal Property Securities Act 2009 (Cth) and any Regulations forming part of or passed under it;

Purchaser means the buyer of Goods named in the Credit Application or a Purchase Order and includes the executors, administrators, successors and permitted assignees of that person or company;

Purchase Order means any order or request made by the Purchaser for the supply by the Supplier of Goods and/or Services in any form and includes an invoice, proposal or quote provided by the Supplier;

Services means the installation, servicing and/or maintenance of Services supplied or to be supplied by the Supplier to the Purchaser in accordance with a Purchase Order and/or this Agreement;

Supplier means Hold Fast Industries Pty Ltd 20 131 027 426 and includes its successors and assignees.

2. Interpretation

3. Formation of contract

• (a) The delivery, by the Purchaser, of a Credit Application or a Purchase Order, either verbally or in writing after these terms have been provided constitutes acceptance of these Terms and Conditions and the terms of this Agreement.
• (b) These Terms and Conditions are subject to change at any time by the Supplier. The Purchaser is deemed to have accepted any changes to these Terms and Conditions or to any of the Supplier’s credit terms upon the Purchaser delivering a Purchase Order to the Supplier, after the date on which the Supplier notifies the Purchaser of those changes.
• (c) Quotations made by the Supplier will not be construed as an offer or obligation to supply in accordance with the quotation. 

4. Payment terms

• (a) All prices are subject to reasonable change upon the Supplier providing notice to the Purchaser.
• (b) Purchase Orders are accepted by the Supplier on the condition that they may be invoiced at the applicable price as at the date of dispatch where a notice under paragraph (a) has been provided.
• (c) The Purchaser must pay the total cost of the Goods and Services supplied in accordance with the Purchase Order unless otherwise agreed to with the Supplier in writing.
• (d) All payments required to be made by the Purchaser under this Agreement will be made in cleared funds in accordance with the Supplier’s invoice and free of any set-off, or counterclaim and without deduction or withholding. The Supplier may, at any time and without notice, set off and deduct from any amounts which may be payable to the Purchaser for any reason, any amount payable by the Purchaser to the Supplier under this Agreement.
• (e)  If the Purchaser fails to make a payment when due or exceeds its then approved credit limit, the Purchaser will pay to the Supplier in addition to the amounts due, interest on all outstanding amounts calculated at the rate quoted by the Supplier’s bank for overdrafts in the amount of the outstanding balance of the Purchaser’s account plus 2%. Interest will be calculated from the date referred to in clause 7 (and not the day when the Supplier’s invoice was payable) until payment by the Purchaser is received.

5. Deposit

• (a) The Purchaser must pay a non-refundable deposit of 40% of the estimated invoice cost determined by the Supplier prior to the production and/or delivery of any Goods or Services.
• (b) Where the Supplier holds a deposit from the Purchaser the deposit is security for the performance of the Purchaser’s obligations in this Agreement and for the payment of all amounts owing by the Purchaser to the Supplier and not only the payment of the invoice price for the Goods to which the deposit relates.
• (c) The deposit is also security for the payment of any damage caused to any Goods held by the Purchaser under clause 6.
• (d) The Purchaser is not entitled to the return of the deposit until all such monies are paid in accordance with the Agreement and the Supplier may at any time and without notice apply any deposit held from the Purchaser in satisfaction of any such amounts from time to time.

6. Assignment

• (a) The Purchaser’s obligations under this Agreement cannot be transferred or assigned and any attempt to do so will be void. 
• (b) The Supplier may assign its rights and obligations pursuant to this Agreement to another party without notice to and without the consent of the Purchaser. 

7. Risk

Risk in any Goods to be supplied to the Purchaser passes to the Purchaser immediately upon delivery to the delivery address advised by the Purchaser whether or not the Purchaser collects the Goods or refuses delivery.

8. Retention of title

• (a) Legal and equitable title and property in the Goods is vested in the Supplier until full payment, in cleared funds, is made to and received by the Supplier for all amounts owing by the Purchaser, inclusive of the purchase price for the Goods and all any other money owing to the Supplier for other goods or Services or on any other account. The title will not pass to the Purchaser nor to any person to whom any Goods are purported to be sold by the Purchaser until full payment has been received by the Supplier in accordance with paragraph (c).
• (b) The Purchaser may, on its own account as principal, sell the original Goods supplied in the ordinary course of its business subject always to the title of the Supplier in respect of the Goods under clause 8(a).
• (c) Until payment in full has been made and is received in cleared funds by the Supplier, the Purchaser will:
  • (i) hold the Goods as an agent of the Supplier;
  • (ii) store the Goods separately so that they can be identified as the property of the Supplier, and must not mix the Goods with other goods;
  • (iii) insure the Goods (to the extent that they are insurable) for their full replacement value and have the name of the Supplier noted on the policy as payee if requested;
  • (iv) to the extent that the Goods are the proceeds of the sale, hold such proceeds (up to the total amount owing to the Supplier) as trustee for the Supplier.

• (d) Until payment in full has been made and is received in cleared funds by the Supplier, the Purchaser must not:
  • (i) claim any interest in the Goods to secure any liquidated or unliquidated debt or obligation due by the Supplier to the Purchaser;
  • (ii) claim a lien over the Goods or any part of them;
  • (iii) create or purport to create any interest in the Goods in favour of any other person without the consent of the Supplier.

• (e) The Supplier may, with or without prior notice to the Purchaser, enter upon any premises at which the Goods or any part of them are stored, or at which the Supplier reasonably believes they are stored, to inspect the Goods and/or to take possession of the Goods and whether the Goods may be in the Purchaser’s possession, custody or control. The Purchaser agrees to provide the Supplier with access to any such premises for that purpose. The Supplier may direct the Purchaser to deliver the Goods to the Supplier and the Purchaser must comply with that direction. The Purchaser waives the right to receive any statutory notice or any notice under the PPSA.
• (f) The Purchaser must pay the Supplier’s costs and expenses in exercising any of its rights under this Clause 8 and indemnifies the Supplier against any claim, action or damages arising directly or indirectly out of the exercise by the Supplier of any power or right under this Clause 8.  Where the Supplier exercises any power to enter premises, that entry will not give rise to any action of trespass or similar action on the part of the Purchaser against the Supplier, its employees, servants or agents.
• (g) The Supplier may sell or otherwise deal with any Goods repossessed by the Supplier and may sell the Goods with the trademark or name of the Purchaser on those Goods.

9. Personal Property Securities Act

• (a) The parties agree that terms used in this clause 9 have the same meaning and are subject to the provisions of the PPSA.
• (b) The Purchaser acknowledges and agrees that:
  • (i) The purchase price for Goods is the total invoiced cost evidenced by the invoice which relates to those Goods inclusive of all parts or components of that total but without prejudice to the Supplier’s right to amend the invoice in the case of error; and
  • (ii) Clause 8 constitutes a security agreement for the purposes of the PPSA and creates a security interest in favour of the Supplier in all Goods supplied previously (if any) and all Goods that will be supplied in the future by the Supplier to the Purchaser to secure payment.
• (c) It is the intention of the Supplier and the Purchaser that the Supplier’s security interest is a purchase money security interest as defined in the PPSA.
• (d) The Purchaser grants to the Supplier a security interest in all the Purchaser’s present and after-acquired property in which Goods have been attached or incorporated, including where goods have been commingled or installed in real property.
• (e) The Purchaser agrees that the Supplier may attend to the registration of its security interest on the Personal Property Securities Register (“PPSR”) without notice to the Purchaser.

The Purchaser undertakes to:

• (i) promptly sign any further documents and/or provide any further information which the Supplier may reasonably require to:
  • A. register a financing statement or financing change statement in relation to a security interest on the PPSR;
  • B. register any other document required to be registered pursuant to the PPSA;
  • C. correct a defect in a statement or document referred to in clauses 9(f)(i) & (ii);
• (ii) pay the Supplier for all expenses incurred in registering a financing statement or financing change statement on the PPSR or releasing any Goods charged pursuant to the PPSA;
• (iii) not register, or permit to be registered, a financing statement or a financing change statement in relation to the goods in favour of a third party, without prior written consent of the Supplier;
• (iv) Give the Supplier not less than 14 days written notice of any proposed changes in the Purchaser’s details, including but not limited to changes in name, address, facsimile number, email address, trading name or business practices;
• (v) pay the Supplier for any costs incurred by the Supplier, including legal fees and disbursements on a solicitor-client basis, in obtaining an order pursuant to s182 of the PPSA and/or enforcing or attempting to enforce any security interest created in favour of the Supplier under this Agreement or otherwise.
  • (g) The Purchaser and the Supplier agree that sections 96, 115 and 125 of the PPSA do not apply to the security interest created by this Agreement.
  • (h) Pursuant to section 144, the Purchaser waives its rights to receive notices under sections 95, 118, 121, 130, 132 and 135 of the PPSA.
  • (i) The Purchaser waives its rights as a grantor and/or debtor under sections 142 and 143 of the PPSA.
  • (j) The Purchaser waives its rights to receive a verification statement in accordance with section 157 of the PPSA, unless otherwise agreed to in writing by the Supplier.
  • (k) Any payments by the Purchaser under this Agreement will be applied in the order specified in section 14(6)(c) of the PPSA regardless of any direction or request by the Purchaser, any agreement between the parties (express or implied) or the application of any such payment by the Supplier. The Supplier does not waive any rights under this clause by applying any payment in a different order.

10. Delivery

• (a) It is the responsibility of the Purchaser to have adequate machinery onsite to unload all goods sent to site from Supplier.
• (b) Delivery of any Goods and Services ordered will be effected by the Supplier at the delivery address specified by the Purchaser and at the Purchaser’s cost.
• (c) Delivery charges will be calculated and charged at the reasonable discretion of the Supplier.
• (d) Any time or date stated as the estimated time of delivery of the Goods and/or Services by the Supplier, is a bona fide estimate only, and the Supplier will not be responsible in any way for any damage or consequential loss suffered by the Purchaser as a consequence of late or non-delivery.
• (e) The Purchaser acknowledges that the Supplier does not store any Goods and is unable to stall or delay delivery once your Goods order has been received and processed.
• (f) All installations allow for a single delivery of goods. Additional costs for split delivery or additional deliveries will be passed onto you.

11. Installation

• (a) The Purchaser acknowledges and agrees that the Supplier is the sole authorised provider of all mechanical and electrical installation services relating to the Goods.
• (b) All works are quoted to be done in a single visit to site unless otherwise specified by the Supplier in writing. Any additional visits to site to complete works that were outside of scope will be charged back to the customer.
• (c) The installation Services include all wiring from the control box to the motor and control equipment.
• (d) All electrical Services are provided in accordance with Australian Standards by a competent electrical tradesperson as per Electrical Wiring Rules AS/NZS 3000:2007.
• (e) Unless previously agreed to by the Supplier in writing or detailed in the Purchase Order, additional charges to those in the Purchase Order (as reasonably determined by the Supplier in its sole discretion) will arise where:
  • (i) the Services are required:
    • A. outside business hours (8:30 am – 5:00 pm time at the site);
    • B. on a public holiday or weekend (at the site); or
    • C. to be delivered by way of multiple non-consecutive un-quoted site visits;
  • (ii) door openings are not square;
  • (iii) a sub-frame needs to be installed to mount the door and motor;
  • (iv) any pipes, fittings or service conduits requiring re-routing or removal;
  • (v) a power supply is not available for use during installation;
  • (vi) There is not a dedicated supply circuit positioned next to the door control panel;
  • (vii) there is not a dedicated industrial isolator switch positioned next to the door control panel;
  • (viii) access to the site where the Services are to be provided is prevented due to:
    • A. union intervention; or
    • B. any other matter which in the Supplier’s view acting reasonable has been caused by or is due to the Purchaser;
  • (ix) conduit made of a material other than PVC is required for the installation;
  • (x) flashing is required to be installed around or over the door; and
  • (xi) removal of packaging materials from the site is required.

12. Return of goods

• (a) Goods will be accepted for credit only by prior agreement or to the extent that they have been wrongly or over-supplied. Returned Goods must be delivered to the Supplier free of charge, in good order and condition, unused and in the original packing which must also be unmarked, accompanied by a dispatch note stating the original invoice number, date of supply and reason for return. Except where Goods have been wrongly or over-supplied, a handling fee must be paid to the Supplier to reimburse it for its reasonable handling and storage costs associated with the return.
• (b) Regardless of clause 12(a), the Supplier is not required to accept any Goods returned to it later than 30 days from the date of the invoice.
• (c) Goods made to specific order cannot be returned or credited unless not to specifications or otherwise not in accordance with any expressed or implied term of the Agreement.

13. Alterations

Any alteration to an order may result in additional charges which will be calculated at the reasonable discretion of the Supplier based on the loss the Supplier has suffered.

14. Cancellation of orders

The Purchaser cannot cancel any order if production of the relevant Goods has commenced or Goods have been dispatched by the Supplier.

15. Cancellation of terms of credit

• (a) The Supplier may terminate the Agreement, terminate any credit used or unused, withhold supply or delivery of Goods and/or Services or refuse return of Goods at any time and without reason or notice. In particular (but without limitation) the Supplier may do so if:
  • (i) the Purchaser becomes insolvent;
  • (ii) the Supplier determines that a material adverse event has occurred with respect to the Purchaser;
  • (iii) events beyond the control of the Supplier occur making supply impossible or undesirable to the Supplier;
  • (iv) the Supplier cannot obtain the Goods ordered in the quantity or at the price required;
  • (v) the Purchaser breaches any of the terms or conditions of the Agreement;
  • (vi) the Purchaser fails to pay any money due to the Supplier; or
  • (vii) the Purchaser breaches any other agreement with the Supplier.
• (b) Upon cancellation under clause 15(a) all amounts due by the Purchaser become immediately due and payable to the Supplier.
• (c) Cancellation under clause 15(a) will not affect the Supplier’s right to institute legal proceedings for the recovery of all money owed to the Supplier.

16. Limitation of liability

• (a) Unless otherwise required by law, the liability of the Supplier for any breach of the Agreement or any related order or contract and/or in tort (including negligence) is limited at the Supplier’s option to:
  • (i) the replacement or repair of Goods supplied; or
  • (ii) the supply of equivalent Goods or Services; or
  • (iii) the cost or replacing or repairing the Goods supplied or of acquiring equivalent Goods or Services; or
  • (iv) the amount paid by the Purchaser to the Supplier pursuant to the Agreement.
• (b) Any claim for short or wrongful delivery pursuant to a Purchase Order must be notified to the Supplier within 14 days after the date of delivery.
• (c) To the maximum extent permitted by law, the Supplier will not be liable for any loss of profit, loss of goodwill, loss of opportunity and/or any special, punitive, indirect or consequential loss or damage incurred by the Purchaser or any other person whether directly or indirectly related to this Agreement.
• (d) The Supplier is not liable for any loss or damage caused to the Purchaser by reason of any delay, lack of supply, industrial action, fire, riot, war, embargo, civil commotion, act of God or any other event which is beyond the Supplier’s control.

17. Australian Consumer Law

• Regardless of any provision in this Agreement (in particular clauses 10, 11 and 16), where the Australian Consumer Law as contained in the ACL applies to Goods and/or Services supplied under this Agreement or to the Purchaser:
  • (a) all non-excludable warranties and guarantees implied by statute or other law apply to the Goods and/or Services supplied under this Agreement and, to the extent that any provision in this Agreement conflicts with any such warranty or guarantee or the ACL, the provisions of the ACL apply to the exclusion of that provision; and
  • (b) all Goods come with guarantees that cannot be excluded under the ACL and the Purchaser is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage and 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.

18. Indemnity

The Purchaser will indemnify the Supplier and keep the Supplier indemnified against any claim, loss, damage, liability, cost or expense that may be incurred by the Supplier arising from or in connection with any breach or default by the Purchaser of this Agreement, any related Purchase Order or contract or the ACL.

19. Product Warranties

• (a) The Purchaser acknowledges that the Supplier’s Warranty Schedule is incorporated into these Terms & Conditions.
• (b) The Warranty Schedule contains the specific warranty terms relating to the Supplier’s Goods.

20. Additional requirements

• (a) The Purchaser must, at the request of the Supplier, provide such further information as is required by the Supplier, whether for the purpose of assessing the Purchaser’s creditworthiness or otherwise.
• (b) If the Purchaser is a corporation (other than a listed publicly listed company), the Purchaser must notify the Supplier, in writing of any change to its directors, shareholders, or its constitution.  The Supplier may require the Purchaser to procure the execution of additional security determined by the Supplier (including any guarantee and indemnity to be given by additional directors or shareholders of the Purchaser) as a condition of providing further credit to the Purchaser or for maintaining the arrangements under this Agreement.

21. Corporations

Where a credit account has been provided and the Purchaser is a corporation (other than a listed public company), the Purchaser must procure the execution and delivery to the Supplier by each of its directors of a guarantee and indemnity in relation to the Purchaser’s obligations under this Agreement and in a form acceptable to the Supplier immediately following such a request.

22. Trustee capacity

• (a) Where a credit account has been provided and the Purchaser is the trustee of a trust (whether disclosed to the Supplier or not), the Purchaser warrants to the Supplier that:
  • (i) the Purchaser enters into this Agreement in both its capacity as trustee and in its personal capacity;
  • (ii) the Purchaser has the right to be indemnified out of trust assets;
  • (iii) the Purchaser has the power under the trust deed to sign this agreement; and
  • (iv) the Purchaser will not retire as trustee of the trust or appoint any new or additional trustee without the prior consent of the Supplier.
• (b) The Purchaser will deliver a copy of the trust deed to the Supplier on demand.

23. Partnership

Where a credit account has been provided and the Purchaser is a partnership, the Purchaser must notify the Supplier, in writing of any change to its principals or its partnership agreement. The Supplier may require the Purchaser to procure the execution of additional security determined by the Supplier (including any guarantee and indemnity to be given by additional partners) as a condition of providing further credit to the Purchaser or for maintaining the arrangements under this Agreement.

24. Insolvency

If the Purchaser becomes insolvent, the Purchaser remains liable under this Agreement for payment of all amounts becoming payable under it.  The Purchaser remains liable under this Agreement even if the Supplier receives a dividend or payment as a result of the insolvency of the Purchaser.

25. Waiver

No waiver of or departure by the Supplier from a provision of this Agreement will be effective unless it is in writing, signed by the Supplier.

26. Costs

The Purchaser must pay:

• (a) any legal costs (on a solicitor/client indemnity basis) stamp duty, and other expenses payable in relation to this Agreement or any credit application, guarantee or other security documents;
• (b) all costs incurred by the Supplier relating to any default by the Purchaser; and
• (c) the Supplier’s costs and disbursements incurred in pursuing any recovery action, or any other claim or remedy, against the Purchaser, including debt recovery fees paid to a collection agent or otherwise and legal costs on an indemnity basis and whether or not the recovery action, claim or remedy is successful.

27. Taxes & duties

• (a) Where prices are expressed to be exclusive of sales tax, GST or other Government imposts, the Purchaser must pay all sales tax, GST or other Government, imposts fees and charges which become payable on the supply to the Purchaser in addition to the price provided by the Supplier.
• (b) If as a result of:
  • (i) any legislation becoming applicable to the subject matter of this Agreement or any supply under it; or
  • (ii) any changes in legislation or its interpretation, the cost to the Supplier of performing its obligations or making any supply to the Purchaser increases (whether by way of any tax, duty, excise or levy or otherwise), the Purchaser must pay the Supplier such additional amounts on demand.

28. Severance

This Agreement will, to the extent possible, be interpreted and construed so as not to be invalid, illegal or unenforceable in any respect. If a provision, on its true interpretation or construction, is held to be illegal, invalid or unenforceable:

• (a) that provision will be read down to the extent that it may be necessary to ensure that it is not illegal, invalid or unenforceable and as may be reasonable in the circumstances to give it a valid operation unless this would materially change the intended effect of this Agreement; or
• (b) if the provision or part of it cannot effectively be read down, that provision or part will be deemed to be void and severable and the remaining provisions of this Agreement will not in any way be affected or impaired and will continue regardless of that illegality, invalidity or unenforceability.

29. Jurisdiction

• (a) The Purchaser acknowledges and agrees that this Agreement will be governed by the laws of Queensland, and each party submits to the non-exclusive jurisdiction of the Courts of Queensland.
• (b) The Purchaser submits and consents to the jurisdiction of Queensland in respect of any proceeding relating to this Agreement or to the supply of goods to the Purchaser.

30. Entire agreement

This Agreement contains the entire agreement between the parties and any previous understanding, agreement, representation or warranty is replaced by this Agreement and has no further effect. Any right that a party may have under this Agreement is in addition to, and does not replace or limit, any other right that the party may have.

Warranty Schedule

This Warranty Schedule is incorporated into and forms a part of the Standard Terms & Conditions.

1. Product Warranty

The Supplier will:

• provide warranties on behalf of the manufacturers of the Goods directly; and
• facilitate on behalf of the Purchaser or end customer a warranty claim with the manufacturer.

2. Commencement of Warranty

The warranty period commences on the date you receive delivery of the Goods and continues for the period specified in the Warranty Table provided the Goods and the Installation have been paid for in full.

3. Warranty Table

The warranties specified below are standard and come with each Good purchased, extended warranties are provided in accordance with clause 4 below.

Product Description	On-site repair or replacement	Warranty	Warranty Period	Extended Warranty
Opening systems:	Radar (basic)	On-site repair or replacement	6 months	24 months
	Numeric keypad	Custom powder-coated frame RAL	6 months	24 months
	Radio receiver	On-site repair or replacement	6 months	24 months
	Remote control 4 channel	On-site repair or replacement	6 months	24 months
	Remote control 2 channel	On-site repair or replacement	6 months	24 months
	Push button with internal receiver	On-site repair or replacement	6 months	24 months
	Additional push button	On-site repair or replacement	6 months	24 months
	Proximity sensor	On-site repair or replacement	6 months	24 months
	Pull cord	On-site repair or replacement	6 months	24 months
	Inductive floor loop (single unit)	On-site repair or replacement	6 months	24 months
	Key switch selector	On-site repair or replacement	6 months	24 months
Motor:	Front mount motor (left or right)	On-site repair or replacement	6 months	24 months
Safety systems:	Traffic light (basic)	On-site repair or replacement	6 months	24 months
	Anemometer	On-site repair or replacement	6 months	24 months
	Flashing light (basic)	On-site repair or replacement	6 months	24 months
	Additional photocells	On-site repair or replacement	6 months	24 months
	UPS battery backup	On-site repair or replacement	6 months	24 months
	Siren	On-site repair or replacement	6 months	24 months
		On-site repair or replacement	6 months	24 months
Frame:	Custom powder coated frame RAL	On-site repair or replacement	6 months	24 months
	Closing curtain (per m2)	On site repair or replacement	6 months	24 months
	Heating kit 230v +RCD (columns and motor)	On-site repair or replacement	6 months	24 months
	Heating frame kit 24v (columns and motor)	On-site repair or replacement		24 months
Curtain:	On-site repair or replacement due to weathering or deterioration caused by normal use.	On-site repair or replacement		5 years

All on-site warranties are inclusive of labour and travel provided the site in located within 50 km of the CBD of a capital city. Where additional travel is required the Supplier reserves the right to charge a reasonable call-out fee, including for its initial assessment of the defect.

4. Extended warranty

The extended warranty specified in the warranty table is conditional on:

• the Supplier installing and commissioning the faulty Goods; and
• the Supplier being engaged to provide routine preventative maintenance, under the Supplier’s Maintenance Agreement.

5. Priority

The information contained in this Warranty Schedule is to be read subject to any warranty conditions contained in your invoice.

6. Warranty exclusions

Your warranty will be void if the fault is due to reasons other than inherently faulty or defective Goods or installation work provided by the Supplier, including but not limited to the following:

• accident or damage beyond the Supplier’s reasonable control;
• liquid immersion;
• improper installation by a third party not authorised by the Supplier;
• incorrect voltage supply or electrical interference;
• the Goods are incorporated with other goods not cleared and approved by the Supplier;
• servicing, maintenance, repair, modification, relocation or adjustment by a third party not authorised by the Supplier;
• failure to operate the Goods in accordance with the operations manual;
• failure to notify the Supplier within a reasonable time of becoming aware of a fault or defect in the Goods;
• problems associated with a lack of proper maintenance by an authorised and professional service technician;
• misuse, abuse, alteration or tampering of the Goods (even where alterations have been made to the Goods by the Supplier);
• electrical storms, power surges, fire or other acts of God; or
• infestation.

The Supplier also reserves the right to refuse to honour the warranty where:

• the serial number or warranty seal on the Goods been removed or defaced;
• the Goods were not purchased from or through the Supplier; or
• no proof of purchase can be supplied and no record of the items is available in the Supplier’s records.

7. Making a warranty claim

To make a warranty claim you must provide:

• a copy of the invoice relating to the purchase;
• the product name, model and serial number of the faulty Good;
• a detailed description of the fault and any relevant background information; and
• your contact address, site address, email address and phone number.

8. Warranty Claim Process

8.1 Inspection

• Upon receiving a warranty claim, the Supplier will assess the Goods to determine whether the damage or fault is covered by its warranty.
• If the defect is covered, the defect will be repaired or replaced by the Supplier in accordance with the Supplier’s usual time frames (standard as opposed to expedited manufacture and sea freight as opposed to air freight).
• if there are special circumstances that require more urgent rectification, the Supplier will use its best endeavours to provide intermediate repairs to the Goods following your written request.

8.2 Engineer’s Report

• Where it is unclear whether the damage or fault is covered by this Warranty, the  Supplier will appoint an appropriately qualified engineer within 14 days of the Supplier inspecting the Goods, to assess and conduct a report of the cause of the damage or fault.
• The Supplier will provide you with a written notice setting out the engineer that it intends to appoint. If you wish to suggest another engineer you will have an opportunity to do so within 3 business days of the notice. The Supplier may agree or disagree with the suggestion, acting reasonably.
• The engineer will prepare and provide a written report assessing the defect and analyzing its cause. The engineer’s determination of the damage, unless an apparent error or mistake is identified, will be conclusive.
• The cost of the engineer will be borne by:
  • the Supplier if the claim is within the warranty conditions; or
  • by you if the claim is outside the warranty conditions.