In Australia, our goods come with guarantees that cannot be excluded under the Australian 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 the goods fail to be of acceptable quality and the failure does not amount to a major failure.
As well as your consumer guarantees under the Australian Consumer Law, Liquitab Systems Limited ACN 121 790 770 (“the Company”) offers consumers the additional express warranty described in this document (“Express Warranty”) in respect of the myLiquitab Homecare Unit (the “Products”).
The conditions, limitations and exclusions that apply to this Express Warranty are set out in this document.
Who is the Warrantor
The warrantor for this Express Warranty is the Company, 134-136 Balcombe Road, Mentone, Victoria 3194, Australia.
Term of the Express Warranty
The Express Warranty is valid for 12 months from date of purchase of the Product, or the first 3,000 uses of the Product, whichever comes first (“Warranty Period”).
Subject to the terms set out in this document, the Company warrants to purchasers of our Product that the Product will be free from defects in materials and workmanship during the Warranty Period.
Subject to the exceptions set out under the heading “Excluded Items” below, if the Product fails to operate during the Warranty Period under normal operating conditions as a result of a defect in materials or workmanship, at the Company’s option, it will either
- repair the Product, using new, used or refurbished replacement parts; or
- replace the Product with a new, used or refurbished equivalent Product; or
- refund the purchase price of the Product to the purchaser,
You must pay the costs of returning the Product to the Company for a warranty claim. The Company is not responsible for any freight or handling charges on Products returned to it. If a Product is returned to the Company for a reason covered by this Express Warranty, the Company will pay the ground shipping costs to send the replacement or repaired Product to you.
The Remedies are the exclusive remedies under this Express Warranty. The Company does not authorise any person to create for it any other obligation or liability in connection with the Product.
This Express Warranty does not cover and expressly excludes:
- damage to the Product or a defect in or failure of the Product resulting directly or indirectly from any of the following:
- alteration, modification or disassembly of the Product;
- the Product being used in a way for which it was not designed or in a manner contrary to the instructions provided with the Product;
- abuse, misuse, negligence, wilful damage neglect or vandalism;
- lack of or improper maintenance in accordance with the instructions provided with the Product;
- corrosion from environmental conditions or chemical treatments;
- fire, accident or theft;
- natural disasters, or other ‘acts of God’, including but not limited to damage from flooding, drought, lightning, hurricanes, hail, windstorms, earthquakes, tornadoes, gales, cyclones or other causes beyond the control of the Company;
- any use of the Product by a person who buys the Product from a person other than an authorised representative of the Company;
- normal wear and tear;
- incidental, indirect or consequential loss or damage including loss of or damage to property, injury to, illness or death of, any person in connection with a Product failure; and
- Products that are purchased second hand or at auction.
No representation by any Company employee or agent shall be binding to the extent that they are inconsistent with or to the extent that the representation expands this Express Warranty unless expressly incorporated in writing in this document. This Express Warranty supersedes and overrides all prior agreements, representations and warranties made by the Company and its authorised agents.
If you become aware, or ought reasonably be aware of any damage or deterioration to the Product, you must stop using the Product and promptly report it to the Company within the Warranty Period. To make a claim under this Express Warranty, please contact the Company by:
You will need to provide us with proof of purchase and details of the problem you have experienced with the Product, including a photo of the Product together with your warranty claim.
Claims made after the Warranty Period will not be accepted.