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Warranty terms & conditions
1. Definitions

1.1 “Seller” shall mean Flanagan Transformers Pty Ltd.

1.2 “Client” shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorisation or other form as provided by the Seller to the Client.
1.3 “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Client on a principal debtor basis.
1.4 “Goods” shall mean Goods supplied by the Seller to the Client (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by the Seller to the Client.
1.5 “Services” shall mean all Services supplied by the Seller to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
1.6 “Price” shall mean the price payable for the Goods as agreed between the Seller and the Client in accordance with clause 5 of this contract.
 
2. Transformer warranty
 
2.1 The warranty period shall be 12 months from date for purchase, unless stated otherwise on either a quotation or tax invoice.
 

2.2 Subject to the conditions of warranty set out in clauses 2.3 to 2.9, the Seller warrants that if any defect in any workmanship of the Sellers manufacturing becomes apparent and is reported, the Seller will either (at the Seller's sole discretion) replace or remedy the workmanship.

 
2.3 Seller warranty shall not cover electronic components manufactured by third parties (inculding relays, circuit breakers, terminals, switch gear, cable, plugs and sockets). These components may be covered under their respective third party warranties. The seller shall not be liable for any defect or damage caused by components manufactured by third party manufacturers.
 
2.4 Seller warranty cover excludes moving parts (such as locks, handles and wheels), painted surfaces and fuses.
 
2.5 Seller warranty shall not cover any defect or damage caused by incorrect installation, or by persons not licenced to carry out such works. All installations must be carried out according to the applicable Australian standards, in order to maintain Sellers warranty coverage.
 
2.6 Seller warranty shall not cover any defect or damage caused by power surge, power spike, brown out or lightening strike.
 

2.7 The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:

(i) failure on the part of the Client to properly maintain any Goods; or
(ii) failure on the part of the Client to follow any instructions or guidelines provided by the Seller; or
(iii) failure on the part of the Client to use the Goods correctly for the purpose that they are designed for; or
(iv) any use of any Goods otherwise than for any application specified on a quote or order form; or
(v) the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(vi) fair wear and tear, any accident or act of God.

2.8 The warranty shall cease and the Seller shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Seller's consent.

2.9 In respect of all claims the Seller shall not be liable to compensate the Client for any delay in either replacing or remedying the workmanship or in properly assessing the Client's claim.

 
3. General terms
 
3.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable - the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
 
3.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.
 
3.3 The Seller shall be under no liability to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Seller of these terms and conditions.
 
3.4 In the event of any breach of this contract by the Seller the remedies of the Client shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
 
3.5 The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by the Seller.
 
3.6 The Seller may license or sub-contract all or any part of its rights and obligations without the Client's consent.
 
3.7 The Client agrees that the Seller may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Seller notifies the Client of such change.
 
3.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
 
3.9 The failure by the Seller to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Seller's right to subsequently enforce that provision.

 

 
 
 
 
 
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