Standard Warranty Terms and Conditions
Please email firstname.lastname@example.org for all warranty and product support requests.
These Terms and Conditions constitute a contract between the customer (you) and Kwikclamp Systems..
These terms and conditions apply to Standard and Extended Warranties of Products from www.kwikclamp.com.au
It is important to note that Kwikclamp supplies and supports all warranties relating to Products which carry the brand “KWIKCLAMP".
Please note that you must keep your original product packaging. In the event that you do not have the original packaging, you will bear the responsibility for safely packaging your Product for transport and Kwikclamp accepts no liability for any damage that may occur in transit.
1.1 Subject to the terms and conditions set out below, Kwikclamp agrees to replace the Product or Other Product (as the case may be) which it supplied to you at its own cost, and any Kwikclamp accessory supplied with it, purchased by You, in circumstances where the Product does not perform in accordance with Kwikclamp's specifications during:
(a) the Standard Warranty period of 5 years (or as specified for individual products), commencing on the date of purchase (or deemed delivery) of the Product; or
1.2 This contractual product warranty does not operate to limit rights under the statutory warranties referred to in clause 3.1 below.
2. Warranty Conditions
2.1 Proof of purchase (invoice or paid Order confirmation) must be provided when requesting service under the Standard Warranty.
2.2 Kwikclamp requires any customer requesting service under the Standard Warranty to comply with directions from Kwikclamp staff in relation to troubleshooting any issue and facilitating any replacement under these Warranty Terms and Conditions.
2.3 Kwikclamp reserves the right to replace the Product or relevant part with the same or equivalent Product or part. Where a replacement is provided the Product or part replaced becomes the property of Kwikclamp.
2.4 If Kwikclamp is unable to replace the Product, the customer will be provided with credit for Kwikclamp's online store or maybe refunded the price of the Product (at Kwikclamp's election) on a pro-rata basis, calculated as a % of the time of the claim left to the end of the warranty period. This credit or refund will be for the calculated pro-rata amount of the purchase price of the Product excluding the associated Delivery Cost.
2.5 Kwikclamp may seek reimbursement of any costs incurred by Us where the Product is found to be in good working order.
2.6 Kwikclamp reserves reasonable discretion to determine whether any Product is or is not performing in accordance with the Kwikclamp’s specifications, subject to applicable law.
3.1 Legislation may imply warranties or conditions or imposes obligations on Kwikclamp, which cannot be excluded, restricted or modified in relation to consumer goods.
3.2 To the full extent permitted by law, but subject always to clause 3.1, the Standard Warranty will not apply in respect of a Product where:
(a) If the Product has not been installed, maintained or used in accordance with the manufacturer's instructions or specifications provided with the Product;
(b) To damage, malfunction or failure resulting from alterations, accident, misuse, abuse, fire, liquid spillage, mis-adjustment of customer controls, tampering or unauthorised repairs by any persons, use of defective or incompatible accessories, exposure to abnormally corrosive conditions or entry by any insect, vermin or foreign object in the Product;
(c) To damage arising during transportation, installation or while moving the Product, or to any transportation costs of the Product or any parts thereof to and from the Customer, unless otherwise specified in these Warranty Terms and Conditions;
3.3 To the full extent permitted by law, but subject always to clause 3.1:
(a) Kwikclamp will not be liable for any loss, damage or alterations to any part of the Product, no matter how occurring; or for any loss or damage arising from loss of use, loss of profits or revenue, or for any resulting indirect or consequential loss or damage.
(b) Kwikclamp’s aggregate liability in respect of all claims under the Standard Warranty and shall not exceed the original purchase price of the Product or, at Kwikclamp’s option, replacement of the Product with a like or similar Product.
(c) Kwikclamp excludes all other warranties, conditions, terms, representations and undertakings whether express or implied.
3.4 Insofar as they apply to warranties relating to products supplied by Kwikclamp, these Standard Warranty Terms and Conditions are governed by and must be construed according to the law of the State of Queensland, Australia and the parties submit to the jurisdiction of the courts in that State.