Warranty Statement
Suncoast Fencing liability for goods manufactured by it is limited to making good any defects by repairing the same or at vendor’s option by replacement, within a period not exceeding twenty-four (24) calendar months after the goods have been invoiced provided that:
- defects have arisen solely from faulty materials or workmanship;
- the goods have not received maltreatment, inattention, interference or been incorrectly installed;
- accessories of any kind used by purchaser are manufactured by or approved by vendor;
- the seals of any kind on the goods remain unbroken; and
- the defective parts are promptly returned free of cost to the vendor.
If the goods are not manufactured by the vendor the guarantee of the manufacturer shall be accepted by the purchaser and is the only guarantee given to purchaser for the goods.
Suncoast Fencing shall not be liable for and purchaser releases vendor from any claims in respect of faulty or defective design of any goods supplied unless such design as been wholly prepared by vendor and the responsibility for any claim has been specifically accepted by the vendor in writing and in any event vendor’s liability hereunder shall be strictly limited to the replacement of defective parts in accordance with paragraph (a) of these conditions.
Suncoast Fencing shall not be liable for goods of a consumable nature, or those having a low rated service life or where unauthorised repair(s), alteration or installation of the goods has been performed by purchaser or others.
Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded and vendor shall not be liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the goods arising out of vendor’s negligence or in any whatsoever.
Suncoast Fencing liability for a breach of a condition or warranty implied by Schedule 2 to the Competition and Consumer Act 2010 (Cth) (CCA),
- in case the goods, any one or more of the following:
- replacement of the goods or the supply of equivalent goods;
- repair of the goods
- payment of the cost of replacing the goods or acquiring equivalent goods;
- payment of having the goods repaired; or
- in case of services:
- supplying of the services again; or
- payment of the cost of having the services supplied again.
Suncoast Fencing liability under Schedule 2 to the Competition and Consumer Act 2010 (Cth) (CCA is expressly limited to a liability to pay to the purchaser an amount equal to the cost of:
- replacing the goods
- obtaining equivalent goods; or
- having the goods repaired, whichever is the lowest amount.