All Purpose Pumps products come with a 12-month warranty that complies with all legal requirements and is in addition to other rights and remedies you may have under law in relation to the products to which this warranty applies.
This warranty is given in place of all excludable warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description, all of which are excluded to the fullest extent permitted by law.
Sales to Australian customers may be subject to certain product guarantees and warranties that cannot be excluded under the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“the Australian Consumer Law”) (www.consumerlaw.gov.au) and nothing in this warranty implies to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law.
Any rights the Customer may have under the Australian Consumer Law will apply regardless of any inconsistent provisions in this warranty which will be read down to the extent necessary to comply with the Australian Consumer Law and which will otherwise apply to the fullest extent legally permissible.
All Purpose Pumps liability under this warranty is limited at All Purpose Pumps option, to:
- In the case of products, the replacement of the products or the supply of equivalent products; the repair of such products; the payment of the cost of replacing the products or of acquiring equivalent products; or the payment of the cost of having the products repaired;
- In the case of services, the supplying of the services again; or the payment of the cost of having the services supplied again.
This warranty covers product and material defects which are not the results of normal wear and tear for a period of 12 months from the date of delivery. The warranty does not cover damage, fault, failure or malfunction caused by external causes, including accident, abuse, misuse, problems with electrical power, servicing not authorised by All Purpose Pumps, failure to perform required preventive maintenance, weather damage, fire, flood, act of violence or any similar occurrence; products with missing or altered serial numbers; any attempt by any person other than All Purpose Pumps personnel or any person authorised by All Purpose Pumps, to adjust, repair or support the products and problems caused by use of parts and components not supplied by All Purpose Pumps, or misapplication, i.e. outside the guidelines that are specified in our operating and installation manual provided with the product. At the discretion of All Purpose Pumps a product will be inspected for signs of, but not limited to, misuse, misapplication and neglect before any repair or replacement will be considered.
All products must be installed by a licensed trades person and where specified require commissioning by All Purpose Pumps Service Members before initiating general use, failure to do so will void the warranty. All Purpose Pumps will not be liable for the transportation / replacement / removal / installation costs associated with the warranty claim. Subject to the above paragraphs, All Purpose Pumps excludes all liability which can be lawfully excluded (including liability in negligence) and will not be liable for any loss, cost or damage of any kind arising from the product or defect (including personal injury or death) whether incidental, special, consequential, indirect or otherwise (including without limitation loss of profits, revenues, anticipated sales, business opportunities, goodwill, or interruption of business), suffered or incurred by any person and arising directly or indirectly from the sale handling or use of the products or from any other cause with respect to the products. Any product that has been repaired or altered without prior authorisation and communication with All Purpose Pumps will void the warranty.
This warranty is governed by and construed in accordance with the laws of Victoria and are subject to the non-exclusive jurisdiction of the courts of Victoria, in the Commonwealth of Australia.