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1. carbonTRACK warrants to the original Purchaser (which includes purchases directly from carbonTRACK or via an Authorised carbonTRACK Reseller to persons who buy the Goods for their own use) that the Goods will be free from defects in materials and workmanship for a period of 24 months from the date of delivery.
2. carbonTRACK warrants that the Goods when delivered to the Purchaser will comply with any description for the Goods contained in the relevant Purchase Order confirmations (if any) and with the standard specification for the Goods.
3. carbonTRACK reserves the right to inspect and test the Goods for the purpose of determining the extent of any defect and the validity of any claim made under this warranty in accordance with carbonTRACK’s Installation Audit and Warranty Inspection Policy, which is available at www.carbonTRACK.com.au/legal. All defective Goods, parts, peripherals and other products replaced by carbonTRACK under this warranty will be deemed to be the property of carbonTRACK.
4. To the extent permissible by the Act, this Warranty will not apply if the Goods are rendered faulty by a factor other than a defect in materials and workmanship. Such factors include but are not limited to:
a) Damage through misuse (including failure to maintain, service or use with proper care), neglect, accident or ordinary wear and tear;
b) Use for a purpose for which the Goods were not sold or designed;
c) Use which is not in accordance with any specified instructions for use;
d) Installation (where applicable) which is not in accordance with any specified instructions for installation or is otherwise defective (other than when carbonTRACK installs or arranges installation of the Goods);
e) Use or operation after a defect has occurred or been discovered (thereby leading to further damage to the Goods);
f) Damage through freight, transportation or handling in transit (other than when carbonTRACK delivers or arranges delivery of the Goods);
g) Damage through exposure to chemicals, dusts, residues, excessive voltage, heat, hard water, atmospheric conditions or other forces or environmental factors outside carbonTRACK‘s control;
h) Repair, modification or tampering with by the Purchaser or any person other than carbonTRACK or an authorised carbonTRACK Service Agent;
i) Use of parts, components or accessories which have not been supplied by or specifically approved by carbonTRACK;
j) Any damage or malfunction arising from, or relating to, Purchaser‘s failure to properly maintain or clean the equipment in accordance with the Instructions;
k) Damage caused to equipment during transportation, which is outside carbonTRACK’s standard delivery conditions; or
l) Damage caused as a consequence of any breach of a warranty provided by the Purchaser.
5. The Purchaser must provide proof of purchase (receipt) in order to be eligible to make a warranty claim.
6. This Warranty is a non-transferable right and will be deemed to be void upon the transfer of ownership of the Goods.
7. Warranty claims must be made in writing to carbonTRACK at the following address:
carbonTRACK (Aust) Pty Ltd
104 Burwood Road
HAWTHORN VIC 3122
The warranty claim must be accompanied by the proof of purchase, description of the reason for the warranty claim and contact details of the claimant, including telephone, physical address of the installed Goods and email address.
8. Standard Business Hours are from 8.30am to 5.00pm, Monday to Friday, excluding public holidays and warranty claims will only be processed during these times.
9. Warranty liability is excluded for:
a) Situations where carbonTRACK is not satisfied (acting reasonably) the equipment or any part of the equipment has been used in accordance with the manufacturer’s instructions or user manuals and has reasonable grounds to believe there has been misuse, neglect, unauthorised alteration, incorrect installation, power surges, accident, use of inappropriate chemicals, flooding, fire or act of God.
b) Situations where warranty seals on carbonTRACK Goods and/or peripherals have been removed and/or peripherals have been added other than by carbonTRACK or a carbonTRACK Authorised Service Agent.
c) Any consequential loss, damage or expense arising directly or indirectly from use and/or installation of the equipment otherwise than in accordance with the Instructions provided with the Goods.
d) Maintenance, repair or other works not undertaken by carbonTRACK or an authorised carbonTRACK service agent.
e) Transportation costs associated with transporting the Goods to an Authorised carbonTRACK Service Agent where carbonTRACK considers (acting reasonably) that repairs cannot be undertaken on-site.
f) Any additional charges such as parking, accommodation or travel time to remote associated with making a claim under this Warranty.
10. Unless agreed to by carbonTRACK in writing to the Purchaser, this Warranty does not apply to Goods sold to Purchasers outside Australia, or to Goods installed outside Australia.
11. The Purchaser acknowledges, agrees, represents and warrants that:
a) The Electrical System that the carbonTRACK Goods are to be attached or connected to meets all applicable regulatory standards and that it is not carbonTRACK's responsibility to upgrade the Electrical System in any way, shape or form;
b) As the use of the Goods is outside the control of carbonTRACK, the Purchaser is satisfied that the Goods when supplied will have the condition, characteristics, quality and attributes that will make them suitable or fit for any ordinary or special purpose required for those Goods, even if that purpose is made known to carbonTRACK at any time;
c) The Purchaser has or will in a timely manner conduct all mandatory or prudent tests and apply all mandatory or prudent quality control checks and procedures to ensure the Goods and any product that is produced from them will be without defect and suitable or fit for any purpose required for them; and
d) The Purchaser releases and indemnifies carbonTRACK and its officers, employees, consultants and agents from and against all actions, claims, proceedings and demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with the Purchaser and whether at common law, in equity, pursuant to statute or otherwise, in respect of any loss, death, injury, illness, cost or damage arising out of any breach by the Purchaser of the warranties set out in this clause 11.
12. The Purchaser acknowledges and accepts that:
a) Some locations may have weak, intermittent, unreliable or absent GSM, 3G, LTE or other network coverage and that carbonTRACK has no control over this and that carbonTRACK is not liable in any way for any weak, intermittent, unreliable or absent GSM, GPRS, UMTS, LTE or other network coverage at the location at which the carbonTRACK Goods are to be or have been installed or used, nor is carbonTRACK responsible for checking the strength and coverage of the GSM, GPRS,, UMTS, LTE or other network coverage at the location at which the carbonTRACK Goods are to be or have been installed or used either with the carrier or in any other manner whatsoever.
b) In certain circumstances, installation of carbonTRACK Goods may not be possible due to physical, technical and/or safety reasons. This includes, but is not limited to, situations where:
i) there is no convenient physical location for the carbonTRACK Goods;
ii) the distribution board may need to be upgraded or modified; or
iii) there is a lack of network signal at the location at which the carbonTRACK Goods are to be or have been installed or used.
The Purchaser agrees and acknowledges that carbonTRACK shall not be liable in any way as a consequences of such circumstances.
c) Where carbonTRACK has inspected a product and found that:
i) there is no fault found; or
ii) warranty is excluded or otherwise not applicable the purchaser agreed and acknowledges that carbonTRACK may charge an amount for the attempted services, services, repairs, and other costs as appropriate.
13. Notwithstanding anything to the contrary herein contained, but subject to the provisions of any Prescribed Terms, carbonTRACK’s liability in respect of any Claim arising in any way out of this Warranty and/or the Contract or in any Prescribed Term implied into or applicable to the Warranty and/or the Contract, and whether that liability arises under contract, tort (including negligence), breach of statutory duty or otherwise, is limited as follows:
a) if any guarantee under the Act is applicable to any Good or Service supplied by carbonTRACK and/or an Authorised carbonTRACK Reseller and carbonTRACK’s liability is due to a failure to comply with the guarantee and such failure cannot be remedied or is a major failure as defined in the Act (each such failure hereafter referred to as a "Relevant Failure"), carbonTRACK’s liability is as stated in the Act in respect of that Relevant Failure;
b) if the liability is due to a failure to comply with any condition, warranty or guarantee in respect of any Good or Service supplied by carbonTRACK and/or an Authorised carbonTRACK Reseller under this Warranty and/or the Contract and such failure is not a Relevant Failure, carbonTRACK’s liability is limited as follows in respect of such failure:
i) if the failure is in respect of Goods, carbonTRACK’s liability is limited to replacement of the Goods or the supply of equivalent Goods, the repair of the Goods, payment of the cost of replacing the Goods or of acquiring equivalent Goods, or payment of the cost of having the Goods repaired, as determined by carbonTRACK in its sole discretion; and
ii) if the failure is in respect of Services, carbonTRACK’s liability is limited to the supply of the Services again or payment of the cost of having the Services supplied again, as determined by carbonTRACK’s in its sole discretion.
c) in respect of all other liability (if any), carbonTRACK’s liability is limited in the aggregate to the amount of $10,000.
14. To the extent permitted by law, carbonTRACK is not liable to the Purchaser for any Claims, however arising and under any cause of action or theory of liability, in respect of special, indirect or consequential damages, loss of profit (whether direct or indirect) or loss of business opportunity arising out of or in connection with the Goods, this warranty or carbonTRACK's performance of the Contract.
15. Nothing in this Warranty and/or the Contract is intended to have the effect of contracting out of any applicable provisions of Prescribed Terms, except to the extent permitted by the Prescribed Terms where applicable.
16. If the Purchaser is a consumer for the purposes of the Act, nothing in this warranty limits any remedy available for a failure of the guarantees in sections 56 and 57 of Schedule 2 of the Act.
In this warranty:
a) Act means the Competition & Consumer Act 2010 Cth.
b) Business Day means a day that is not a Saturday, a Sunday or a public holiday in the place concerned.
c) carbonTRACK means carbonTRACK (Aust) Pty Ltd (ACN 162 220 662) and its successors, assigns and nominees which accepts the Purchaser's order by the issue of a Sales Confirmation.
d) Claim includes a claim, notice, demand, action, proceeding, litigation, investigation, judgment, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to the Contract.
e) Contract means the Terms, together with this Warranty and a Sales Confirmation issued by carbonTRACK to the Purchaser. A copy of the Terms and Sales Confirmation is available at www.carbontrack.com.au/legal.
f) Electrical System consists of any and all of the components used to supply, transmit and use electric power including but not limited to switch boards, distribution boards, meters, circuit breakers, fuses, wiring, cabling, conduits, housing, locks, latches, fasteners and fixings.
g) End User means a Purchaser who buys or has agreed to buy Goods from carbonTRACK or an Authorised carbonTRACK Reseller for their own use.
h) Goods means any item of whatsoever nature which is sold or to be sold by carbonTRACK to the Purchaser.
i) Prescribed Terms means any terms, conditions, guarantees and warranties which the Act and any other law expressly provides may not in respect of the Contract be excluded, restricted or modified, or may be excluded, restricted or modified only to a limited extent.
j) Purchase Order means the verbal order from the Purchaser or written order signed by the Purchaser constituting the Purchaser’s offer to purchase the Goods to which this warranty applies.
k) Purchaser means the person or corporation, including but not limited to End User and Reseller, who buys or has agreed to buy the Goods from carbonTRACK or an Authorised carbonTRACK Reseller.
l) Reseller (also referred to as an Authorised carbonTRACK Reseller) means a Purchaser who buys or has agreed to buy the Goods from carbonTRACK or an Authorised carbonTRACK Reseller for resale to other persons or corporations and is authorised by carbonTRACK to resell Goods to other persons or corporations.
m) Sales Confirmation means the document so titled issued by carbonTRACK that formally accepts the order for Goods from the Purchaser;
n) Service Agent means a licensed electrician who has been trained to install, maintain and repair carbonTRACK Goods and is authorised by carbonTRACK to install, maintain and repair carbonTRACK Goods (also referred to as an Authorised carbonTRACK Service Agent or carbonTRACK Service Agent).
o) Services means any services of whatsoever nature which is sold or to be sold by carbonTRACK to the Purchaser.
p) Standard Specifications means carbonTRACK’s standard specification for the Goods current at the time the Goods are delivered to the Purchaser. Copies of the Standard Specifications are available on request from carbonTRACK.
q) Terms means the carbonTRACK Terms and Conditions of Sale (Australia), a copy of which is available at www.carbontrack.com.au/legal.
r) The headings in this warranty are provided for convenience only and do not affect the interpretation.
i) Words in the singular include the plural and vice versa;
ii) Words importing a natural person include corporations, firms unincorporated associations, bodies corporate, authorities and agencies;
iii) A reference to a person includes the person’s executors, administrators, successors, substitutes and permitted assigns and agents;
iv) A reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them occurring at any time;
v) A reference to any party where that party is made up of more than one person, includes each of them severally;
vi) A reference to the whole of a thing includes a reference to a part of that thing;
vii) The words “include” or “including” are to be construed without limitation;
viii) Where a word or phrase is given a defined meaning another grammatical form of that word or phrase has a corresponding meaning;
ix) Words importing a gender include all genders;
x) An agreement, representation, covenant or warranty made by two (2) or more persons is in favour of then jointly and severally; and
xi) An agreement, representation, covenant or warranty in favour of two (2) or more persons is in favour of then jointly and severally.
18. Australian Consumer Law Warranty
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. Our are entitled to a replacement or refund for a major failure and 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.