One Year Limited Warranty and Indemnity and Terms of sale and use
Aquatrip Australia Pty Ltd (The Seller) warrants this Product (the Product/s) to the Purchaser (the Purchaser) to be free from defects in materials and workmanship for a period of one year from the date of installation, provided that the Product is installed and used in accordance with the installation, maintenance and testing requirements described in the Installation Manual and Owners Manual. Failure due to: incorrect installation; misuse; water ingress from negligence; uncompleted prescribed service or testing schedules or procedures; discharged, leaking and corroding batteries, are not covered by the warranty. The warranty is limited to the replacement of the faulty parts or components, and does not cover the cost of removal and/or re-installation of the replacement components or device. The warranty becomes null and void if the unit has been tampered with, repaired, or damaged by any unauthorized person. An official receipt as proof of purchase and of date of installation will be required for all applications under this warranty policy. The Seller responsible for this warranty reserves the right to inspect and test the products for the purpose of determining the extent of any defect and the validity of any claim made under this warranty.
Australian Warranty – This warranty is in addition to the Purchaser’s rights under the Australian Consumer law. The Products come with guarantees that cannot be excluded under the Australian Consumer Law. The Purchaser is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. The Purchaser is 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. The issuer of this Australian warranty is AquaTrip Australia Pty Ltd Unit 5 13-15 Ellerslie Rd Meadowbrook Queensland 4131 Australia. Tel No 07 32996464 email: email@example.com.
This is the Seller’s sole warranty unless it is excluded by specific provisions under the consumer law in the country of sale. There are no other warranties, express or implied, of merchantability, or fitness for a particular purpose, or otherwise, which extend beyond this limited warranty. In no event will the Seller be liable to the Purchaser or anyone else for consequential damages, incidental damages, property damages, water damages, loss or damage of electronic data or computer stored media, labour or repair costs, lost profits, business interruption damages, compensatory damages, punitive damages, or other losses or damages of any kind or description resulting from purchase, installation, use, or failure of the Product. This exclusion of any other warranty and exclusion of liability for damages applies to all events and occurrences, even if the loss or damage is caused by the Seller’s own negligence, fault or breach of product warranty.
The Seller shall have no liability whatsoever for property damages, injury or loss based on any claim that the Product(s) failed to shut off the flow of water or emit an alert if required, in any circumstances or jurisdictions where the Seller may nonetheless be held liable for losses or damages arising out of purchase, use or installation of the Product, in that event, the Seller’s maximum liability shall not exceed the actual purchase price of the Product(s), excluding installation charges. The Purchaser, and any successors or assigns including insurers paying losses or damages, do hereby release and discharge the Seller for any and all damages, liabilities and obligations in excess of this stated limitation of damages.
Indemnity and Terms of Sale
Installation of the product does not provide any form of insurance or compensation against potential loss caused by water flow or a water leak and provides no compensation in the event of such an event. It is supplied under the clear understanding that its sole function is to provide an indication to the Purchaser of a potential water leak or water flow outside the normal parameters of flow sensing capacity programmed into the Product by the Purchaser for that specific time of day or location. If the Purchaser requires financial or other compensation for the potential loss or damage that could be caused in the event of a water leak or excess flow that could be caused by such an event that the product could indicate, then the Purchaser understands and agrees that a specific insurance policy with the capacity for monetary or other compensation as a result of a water leak or water flow must be purchased separately. If the Product fails to indicate a potential leak or water flow of a sufficient magnitude as specified in the Installation Manual and Owners Manual, the Purchaser shall be entitled to a full refund for the purchase price of the Product excluding installation, however the failure of the Product to indicate the presence of the water flow or water leak shall not entitle the Purchaser to any compensation other than the refund of the purchase price excluding installation. By purchasing and using the Product the Purchaser agrees to hold harmless the Seller from any claim over and above the original purchase price of the Product.
All Products are carefully manufactured, inspected and tested prior to shipment by the Seller and are expected to perform as warranted. However, the Seller has no control over actual installation and use of the Products. The Seller does not inspect the Purchaser’s use, installation or maintenance of the Products. The Seller does not warrant or represent that all products it sells will always perform exactly as expected and will never fail. The Purchaser understands that there are installations, events and circumstances where properly manufactured Products may fail to detect water leakage, or may fail to provide an alarm, due to technical limitations of the Purchaser’s installation and product use which are beyond the control of the Seller. The Seller does not provide insurance for Purchasers and does not guarantee that there will never be occasions under which the Purchaser may sustain losses, water damage or injury following purchase, installation or use of the Product.
The Purchaser specifically agrees to the terms of this Limited Warranty, and the exclusions of liability and limitations of damages stated herein and acknowledges that the price paid for the Seller’s product includes these Terms and Conditions of Product Sale. In the event that a lawsuit is filed or any claim is made against the Seller or its officers and employees demanding payment for damages, injuries, losses, or cost rising out of Purchaser’s installation or use of the Product, the Purchaser agrees to fully indemnify, defend and hold harmless the Seller against and upon such lawsuit or claim, including the Seller’s attorney fees and legal costs, regardless of whether the claimed damages are caused by the Seller’s own negligence or fault, or otherwise.
Purchasers acceptance of Terms and Conditions
By ordering and using the Sellers product(s), the Purchaser irrevocably accepts the Seller’s Limited Warranty and these Terms and Conditions and Indemnity, without modification. Any contrary, inconsistent, or competing Terms and Conditions stated in customer’s Purchase Order and/or purchasing documents are expressly rejected and not accepted by the Seller. By keeping the purchased Product(s) for 14 days or longer after product delivery the Purchaser acknowledges, agrees to, and fully accepts this Limited Warranty and all stated Terms and Conditions under which the Product is sold as explained in detail in this document.