Subject to the terms and conditions set out below, MARSAFE agrees to repair or replace the MARSAFE Product or Other Product (as the case may be) which it supplied to you at its own cost, in circumstances where the Product does not perform in accordance with MARSAFE '."'".'s specifications during operation.
The Standard Warranty period of 12 months, commencing on the date of delivery (or deemed delivery) of the Product;
MARSAFE at all times reserves the right to determine if warranty applies. Normal MARSAFE "Subject to Warranty Procedures" apply before warranty is determined, approved, partially approved or disapproved.
This contractual product warranty is additional to, and does not operate to limit rights under, the statutory warranties, rights and remedies referred to in clause 4 below.
Standard Warranty Conditions
Proof of purchase (invoice or paid Order confirmation) must be provided when requesting service under the Standard Warranty.
MARSAFE will only recognise a warranty claim from the entity to which MARSAFE sold the goods to. A third party claimant must lodge their warranty claim through the entity from which they purchased the goods who will in-turn lodge the claim against MARSAFE.
The purchaser shall notify MARSAFE in writing as soon as practical as and in any event no later than 7 days after the discovery of any defect or deviation for which a claim is to be made under warranty. Such notice shall specify the nature and extent of the defect and the date of discovery. The equipment shall be returned to the nearest MARSAFE office or nominated agent. If this is not possible due to the nature of the product and at MARSAFE'."'".'s discretion, a place at which the equipment can be made available for inspection by or on behalf of MARSAFE if necessary should be nominated with the submission of the claim.
The equipment should be fully identified with the following:
Full description of the defect under claim
Warranty products and new installation service work are 12 months from the completion of the sale or work. This is unless a negotiated extended period has been agreed to prior to the sale. If this is the case then the maximum extended time is 18 months from the delivery of the product from MARSAFE to the purchaser. Any extended time is to be agreed to in writing by both the purchaser and MARSAFE (note verbal agreements are not valid).
If an extended warranty to the above is offered by an MARSAFE supplier and applies to the product in question this warranty maybe approved at the MARSAFE Technical Support Coordinators discretion.
Warranty on repaired parts is for a period of 6 months from the completion of the repairs or work.
If parts are required to rectify a claim, they will be charged out at full price and invoiced until the failed parts have been returned and assessed if a warranty situation does apply. The parts will not be shipped unless an official order has been placed to cover the supply of the part.
All costs associated with supplying the part will be invoiced and will be payable in accordance with the terms and conditions of trade with the Purchaser.
It is the purchaser'."'".'s responsibility to return the part to receive the credit if applicable.
For commercial account trade customers if a Service call out is required an official "Subject to Warranty" order is required prior to an engineer visiting or assessing a warranty claim.
All costs associated with the service call will be invoiced and will be payable in accordance with the terms and conditions of trade with the purchaser. In the event that the warranty claim is approved the purchasers account will be credited for the full value of labour only.
Travel, accommodation, meal and delivery costs are not covered under warranty and are chargeable to the purchaser.
Warranty shall apply only to original failure (if caused by a defect) and not to any damage arising from continued operations of defective equipment after the original failure first occurred.
MARSAFE requires any customer requesting service under the Standard Warranty to comply with directions from MARSAFE staff in relation to troubleshooting any issue and facilitating any repair or replacement under these Warranty Terms and Conditions.
MARSAFE reserves the right to replace the Product or relevant part with the same or equivalent Product or part, rather than repair it. Where a replacement is provided the Product or part replaced becomes the property of MARSAFE Sales. MARSAFE may replace parts with refurbished parts. Replacement of the Product or a part under the Standard Warranty does not extend or restart the Standard Warranty period 2.4 If MARSAFE is unable to repair or replace the Product, the customer will be provided with credit for MARSAFE '."'".'s store or may be refunded the price of the Product (at MARSAFE '."'".'s election). This credit or refund will be for the amount of the purchase price of the Product excluding the associated Delivery Cost.
Where MARSAFE authorises warranty service of a Product, MARSAFE will organise for our authorised courier to pick up the Product during business hours (between 8am and 5pm, Monday to Friday) and deliver it to the appropriate authorised repair centre, provided that the Product is safely packaged in all its original packaging for safe transport. In this situation MARSAFE will cover the cost of transport of the serviced Product to and from the Customer. Alternatively, the Customer may take the Product to the appropriate repair centre for service if MARSAFE specifically authorises the Customer in writing to do so. Alternately, the Customer may post the Product as directed by MARSAFE if MARSAFE specifically authorises the Customer in writing to do so, in which case MARSAFE will refund the Customer the cost of the postage on provision of a scanned copy of the postage receipt.
MARSAFE reserves the right to determine which authorised repair centre (including MARSAFE '."'".'s internal repair facility) is the appropriate service location in any particular circumstance.
The Product will be at the Customer'."'".'s risk while in transit to and from the MARSAFE Authorised Repair Centres
MARSAFE may seek reimbursement of any costs incurred by us where the Product is found to be in good working order.
MARSAFE reserves reasonable discretion to determine whether any Product is or is not performing in accordance with MARSAFE '."'".'s specifications, subject to applicable law.
The Standard Warranty is transferrable to a new owner of a Product originally purchased from www.marsafe.com.au, provided MARSAFE is informed by e-mail to email@example.com within 7 days of the date of transfer.
Legislation may imply warranties or conditions or imposes obligations on MARSAFE , which cannot be excluded, restricted or modified in relation to consumer goods.
To the full extent permitted by law, but subject always to clause 4.1, the Standard Warranty will not apply in respect of a Product:
If the Product has not been installed, operated, maintained or used in accordance with the manufacturer'."'".'s instructions or specifications provided with the Product;
If the factory-applied serial number has been altered or removed from the Product;
To damage, malfunction or failure resulting from alterations, accident, misuse, abuse, fire, liquid spillage, mis-adjustment of customer controls, use on an incorrect voltage, power surges and dips, thunderstorm activity, force majeure, voltage supply problems, tampering or unauthorised repairs by any persons, use of defective or incompatible accessories, the operation of a computer virus of any kind, exposure to abnormally corrosive conditions or entry by any insect, vermin or foreign object in the Product;
To damage arising during transportation, installation or while moving the Product, or to any transportation costs of the Product or any parts thereof to and from the Customer, unless otherwise specified in these Warranty Terms and Conditions;
To any third-party software or hardware not contained in the Product as originally configured by the manufacturer;
To any failure, to the extent that the failure is not a failure of the Product to perform in accordance with its specifications;
To replacement or repair of any consumables (including batteries, projector lamps and cables), or lost parts or accessories;
To service and support of any software operating system or application installed on any Product, except to assist in restoring the Product to its factory default settings;
To the full extent permitted by law, but subject always to clause 3.1:
MARSAFE will not be liable for any loss, damage or alterations to third party hardware, software, programs, data and/or information stored on any media or any part of the Product, no matter how occurring; or for any loss or damage arising from loss of use, loss of profits or revenue, or for any resulting indirect or consequential loss or damage.
MARSAFE aggregate liability in respect of all claims under the Standard Warranty shall not exceed the original purchase price of the Product or, at MARSAFE option, replacement of the Product with a like or similar Product.
MARSAFE excludes all other warranties, conditions, terms, representations and undertakings whether express or implied.
Insofar as they apply to warranties relating to MARSAFE Products supplied by MARSAFE , these Standard Warranty Terms and Conditions are governed by and must be construed according to the laws of the, Australia and Singapore and the parties submit to the jurisdiction of the courts in those countries.
Insofar as they apply to warranties relating to Other Products supplied by MARSAFE, these Standard Warranty Terms and Conditions are governed by and must be construed according to the laws of Australia and Singapore and the parties submit to the jurisdiction of the courts of Australia and Singapore.
Our goods come with guarantees that cannot be excluded under the Australian and Singapore Consumer Law. You 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 goods fail to be of acceptable quality and the failure does not amount to a major failure.
MARSAFE can be contacted as follows:
Tel: +61 (0)3 5978 0143
Tel: +61 (0)7 5540 6800
SOUTH AUSTRALIA OFFICE:
Tel: +61 (0)8 8249 3200