Atom Lighting Warranty Terms And Conditions
Atom Lighting Warranty Terms And Conditions:
8.1. Where Goods include products not manufactured or imported by Atom Lighting, the manufacturer’s warranty provided with such products will be accepted by the Customer and is the only warranty given to the Customer in respect of those products.
8.2. Atom Lighting’s liability for products manufactured or imported by it is limited to making good any defects by repairing the same or, at Atom Lighting’s option, by replacement, within a period not exceeding three (3) years from delivery to the Customer provided that such defects have arisen solely from faulty materials or workmanship and are not due to:
(a) accident, negligence, misuse, theft, vandalism, fire, water or other peril;
(b) incorrect installation of the product by the end consumer or their agent;
(c) installation or relocation of the product not performed by a licensed electrical installer;
(d) the product being operated outside the recommended voltage range specified by Atom Lighting and detailed on the rating label;
(e) the product being operated outside the specifications of the product including, without limit, electrical power, temperature, humidity or dust outside of the conditions usually encountered;
(f) any repair of or alteration to the product not performed by Atom Lighting or Atom Lighting’s authorised agent;
(g) irregular cleaning or maintenance;
(h) any cause other than normal use; or
(i) faults in equipment that are the property of the Customer or end consumer.
8.3. The parties acknowledge that certain transactions between manufacturers or suppliers and end consumers may be subject to the provisions of the Competition and Consumer Act 2010 (Cth) or the Fair Trading Act 1989 (as amended) or any comparable legislation of any other State or Territory and in that event certain consumer guarantees will be implied into the agreement between those parties and rights and remedies will be conferred upon the end consumer which cannot be excluded, restricted or modified by agreement (“the non-excludable guarantees”).
8.4. Atom Lighting acknowledges that the Customer will re-supply the Goods to end consumers and that such end consumers may be entitled to a remedy from Atom Lighting or the Customer when certain manufacturer specific non-excludable guarantees are not satisfied.
8.5. If a product fails such a manufacturer specific non-excludable guarantee and the end consumer returns the product to the Customer, subject to clause 8.6, Atom Lighting will reimburse the Customer for their costs in providing a remedy to the end consumer, including any reasonably foreseeable consequential losses, provided the Customer requests such reimbursement within three (3) years of the earlier of:
(a) the remedy being provided; or
(b) the commencement of proceedings by the end consumer against the Customer.
8.6. If the product is not used by the end consumer for personal, domestic or household purposes, to the extent it is fair and reasonable to do so Atom Lighting’s liability to the Customer is limited, at Atom Lighting’s option, to:
(a) replacing or repairing the product; or
(b) obtaining an equivalent product.