GUARANTEES AND WARRANTIES
INTERPRETATION
Guarantees and Warranties shall be interpreted and applied subject to the operation of any statute applicable in Australia, the terms of which cannot be excluded by the parties, including relevant provisions of the Australian Consumer and Competition Commission (ACCC) Australian Consumer Law and similar State legislation.
With the exception of matters outlined in this document, all other implied terms, warranties, conditions and consequences are excluded.
YOUR RIGHTS
Your rights as a consumer in regards to guarantees and warranties are available in full on the Australian Consumer and Competition Commission (ACCC) website by clicking on the Consumer tab on their home page or by following this link https://www.accc.gov.au/consumers
SIMPLE DEFINITION
When you buy products and services you expect them to come with automatic guarantees and warranties but what is the difference between a guarantee and a warranty.
All Goods supplied by a business to a customer come with guarantees. A Guarantee is a legal obligation that the goods and services that a customer purchases will work and are suited for the purpose of use and that obligation cannot be excluded under Australian Consumer Law.
A Warranty is a voluntary promise offered by a business to a customer and is separate to and in addition to a guarantee. Once a product has been purchased any warranty offered by the business becomes a right that can be enforced under the Australian Consumer Law.
A Guarantee may remain in place after a Warranty has expired.
REPAIR, REPLACE OR REFUND
The following is an extract from the ACCC website,
"… you can ask a business for…repair, replacement or refund, but you are not always entitled to one…if you have a minor problem with a product or service, the business can choose to…repair…replace or refund... when you have a major problem with a product the customer has the right to ask for the choice of a replacement or refund..."
WHAT IS A MAJOR PROBLEM
The following is an extract from the ACCC website.
A product or good has a major problem when;
- It has a problem that would have stopped someone from buying it if they had known about the problem,
- It is unsafe,
- It is significantly different from the sample or description,
- It doesn’t do what the business said it would do,
- It doesn’t do what you asked for or
- The problem cannot be easily fixed.
WARRANTY AGAINST DEFECTS
First and foremost all goods sold by Factory Blinds consist of individual components supplied by varying and individual manufacturers and wholesalers and each of those manufacturers and wholesalers provide warranties for their goods and services accordingly.
Factory Blinds warrants that it will have repaired or replaced any fault in any product or service provided by Factory Blinds as per the respective instructions of the manufacturer or wholesaler warranty terms and conditions up to a period of five years for personal use domestic grade products and up to a period of two years for commercial products used in any form of business application.
Warranty claims may only be made by the original purchaser of the goods and must be accompanied by proof of payment of said goods. Failure to provide proof of purchase may void the warranty.
The customer must not carry out any remedial work on the goods without the written consent of Factory Blinds to do so. Any unauthorised work on the goods will void the warranty.
Warranty claims must be made as soon as possible after discovery of the defect and, in any event, within the warranty period. On discovery of any defect in the goods the customer must immediately take all necessary action to reduce further damage to the goods. Failure by the customer to do so will void the warranty.
REPAIR OF FAULTS UNDER WARRANTY
When a product is reported as faulty Factory Blinds may opt to have a representative assess the claim on site before any further action is taken.
If it is deemed to be a legitimate warranty claim by the Factory Blinds representative the customer has the option to either deliver the goods to the Factory Blinds warehouse or have Factory Blinds collect the item/s.
In the event that the goods are to be collected from and returned to the site a travel fee as per the original invoice may be charged.
Repair of a fault or replacement products may take up to the same delivery lead time as the original order for the goods. If a product is to be replaced, with the customer’s and the original manufacturer of the goods agreement, the faulty product may stay in place for the customer’s use until the replacement product arrives.
WARRANTY NOT COVERED
This warranty excludes:
- Goods subject to salt spray or marine influences, wind, severe industrial or corrosive environments or internal situations subject to moisture laden air,
- Any condition or damage relating to, or resulting from, accidents, alterations, discoloration or fading over time, misuse, abuse, normal wear and tear, removal and/or reinstallation, failure to follow the installation or use instructions, standing water,
- Shipping and freight charges and costs for removing, disassembling, reassembling and reinstalling the materials or components.
- Change of ownership,
- Force Majeure
WARRANTY COMPENSATION
If compensation is to be paid to the customer it will be paid in the same manner as the customer paid for the original purchase of the goods.
This warranty is limited to the repair or replacement of the defective materials and components. Repairs will be made with like or similar parts.
Factory Blinds reserves the right to discharge its obligations under this warranty by refunding the original purchase price of the defective item, material or component.
To view your full rights and entitlements refer to the Australian Consumer and Competition Commission (ACCC) website
ACCC Home Page https://www.accc.gov.au/consumers