- You are responsible for the cost of returning the item back to HYKA
- Products returned without fault may incur a processing fee
WARRANTY AGAINST DEFECTS
1 WHAT THIS WARRANTY RELATES TO
1.1 This warranty relates to any defect in the Goods which becomes apparent and is reported to the Seller in accordance to clause 4.1 (“Defect”).
1.2 The conditions applicable to the warranty given by clause 4.1 are:
(a) 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 to follow any instructions or guidelines provided by the Seller; or
(ii) the Client using the Goods for any purpose other than that for which they were designed; or
(iii) the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(iv) improper application or installation; or
(v) fair wear and tear, any accident or act of God.
(b) 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; and
(c) 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.
1.3 For Goods not manufactured by the Seller, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Seller shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
1.4 In the event that the manufacturer’s Goods are deemed to be faulty, The Seller reserves the right to halt the commencement for re-installation of replacement Goods until such time as it is agreed between all parties the person/s that will be liable for all associated expenses with the re-installation of the Goods.
2 WHAT THE SELLER WILL DO TO HONOUR THE WARRANTY
2.1 The Seller will repair or replace the defective product where identical brand and model of product is in stock and available for sale. Where product is no longer available the Seller will offer to facilitate returning the product on behalf of the Client to the manufacturer for assessment to repair or replace the product.
2.2 Any works required to be completed in addition to fixing the Defect are the responsibility of the Client. Additional works includes but is not limited to Data Backup and Recovery, Operating System and Software installation, Disassembly and Reassembly where the product is installed in a device not supplied by the Seller.
2.3 Where shipping is required, it is the responsibility of the client to return/ship the defected product at their cost. Upon replacement/repair the supplier will return the goods free of any freight charges.
3 WHAT THE CLIENT MUST DO TO CLAIM THE WARRANTY
3.1 To claim the benefit of the warranty, the Client will need to:
(a) present the defective Goods/Services to the Seller for inspection, including inspection for defective workmanship, or otherwise provide evidence of the claimed Defect; and
(b) provide evidence of proof of purchase upon request by the Seller.
3.2 The claim listed in clause 3.1 may be made in person, or the claim may be sent to the address listed on this form, including the particulars required under clauses 3.1(a) and 3.1(b).
3.3 The appropriate form for making a claim for warranty is attached and must be used whether the claim is being made in person, or mailed to the address on this form.
3.4 The Client acknowledges and accepts that all warranty claims will be dealt with by the Seller during the normal hours, Monday-Friday. In the event that the Seller is required to provide the Services urgently, that may require the Seller’s staff to work outside normal business hours (including but not limited to working, after hours, weekends and/or Public Holidays) then the Seller reserves the right to charge the Client additional labour costs (penalty rates will apply), unless otherwise agreed between the Seller and the Client.
4 DURATION OF WARRANTY
4.1 This warranty will cease from the date that is in accordance with the Manufacturers indicated warranty period after the Client takes delivery of the Goods/Services in accordance with clause 6 of the Terms and Conditions of Trade.
4.2 If a Defect does not materialise in the Goods/Services prior to the date provided in clause 4.1, the Seller will have no liability to the Client under this Warranty Against Defects and the Client releases the Seller from all claims for loss or damage in any way connected with the Goods/Services from that date.
5 RESPONSIBILITY FOR COSTS OF CLAIM
5.1 The Seller is responsible for the costs directly associated with repairing the Defect only.
5.2 Any works required to be completed under clause 2.2, which are in addition to those directly related to rectification of a Defect, will be at the cost of the Client.
6 RIGHTS AT LAW
6.1 The benefits given to the Client under this warranty are in addition to other rights and remedies of the Client at law in relation to the Goods/Services.
6.2 The Seller’s Goods/Services come with guarantees that cannot be excluded under the Australian Consumer Law.
6.3 In the event that the Goods/Services are deemed defective (or part of them), the Client is entitled to (within a reasonable time):
(a) have the Goods repaired or replaced (or part of them), if the Goods/Services fail to be of acceptable quality and the failure does not amount to a major failure, or
(b) a refund if the Seller is in breach of clause 6.3(a) (ie within a reasonable timeframe); or
(c) resupply or fix a problem with Services (or part of them); and
(d) in the event of a major failure with the Goods/Services, the Client shall be entitled to:
(i) Goods -a full refund or alternatively a replacement of the Goods (or part of them), and compensation for any other reasonably foreseeable loss or damage, or
(ii) Services-cancel the Client’s Service Contract with the Seller and a refund for the unused portion or compensation for its reduced value.