Narko Industry Group PTY LTD trading as Elite Monkey Bars (ABN 55 843 857 386) WARRANTY

Padbury, WA 6025
+61 437 259 997
[email protected]

1.DEFINITIONS

1.1 In this warranty:

(a) “Australian Consumer Law” means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act (2010) (Cth).

(b) “us”, “we”, “our” means the Trustee for the Zenner Family Trust trading as Elite Monkey Bars (ABN 55 843 857 386).

(c) “Goods” means the goods purchased by you from us including: i. Children’s playground equipment and accessories, including but not limited to monkey bars and swing sets; and ii. Sporting equipment and accessories.

(d) “Instructions” means any manual or document provided by us containing instructions in connection with the supply of Goods, including in relation to the installation, use or maintenance of the Goods.

(e) “Warranty Period” means the periods that we warrant the Goods to be free from manufacturing faults or defects as set out in clause 2.2.

2.WARRANTY

2.1 This warranty covers manufacturing faults and defects only. 2.2 We warrant our Goods to be free from manufacturing faults or defects for the following periods:

(a) 4 years from the date of purchase in relation to all structural components of the Goods, including but not limited to pipes and fittings; and

(b) 1 year from the date of purchase in relation to all accessories, including but not limited to swings, cargo nets, trapezes, gymnastic rings, ninja grips and climbing ropes.

2.3 If the Goods are faulty or defective, we will replace the Goods.

2.4 This warranty is in addition to the other rights or remedies you are entitled to under the Australian Consumer Law.

2.5 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.

2.6 The warranty is valid for for the original purchaser of the Goods only and is not transferable. On-selling the Goods voids this warranty.

2.7 To claim under this warranty, you must be able to provide us with a copy of your proof of purchase of the Goods showing the purchase date.

3.EXCLUSIONS

3.1 To the extent permitted by law this warranty will not apply where:

(a) The Goods have been used in conjunction with accessories not supplied by us;

(b) Damage or defects to the Goods is caused by or due to normal wear and tear, weather, salt corrosion, bore water, misuse, neglect, vandalism, or cosmetic issues such as surface corrosion, scratches, chips, and rust;

(d) The Goods have not been installed, used, operated, or maintained in accordance with our Instructions.

3.2 Excepted as provided in this warranty, our terms and conditions or the Australian Consumer Law, 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 or as to design, assembly, installation, material or workmanship or otherwise are expressly excluded. We are not 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 or arising in any way whatsoever.

4.MAKING A CLAIM

4.1 If a manufacturing fault or defect has arisen within the Warranty Period in clause 2.2:

(a) You must cease using the Goods; and

(b) You must make a warranty claim in accordance with clause 4.2.

4.2 To make a warranty claim you must notify us by emailing [email protected] with:

(a) details of the Goods which are faulty or defective;

(b) details of the manufacturing fault or defect;

(d) your proof of purchase of the Goods showing the purchase date.

4.3 If we accept your warranty claim we will replace the faulty or defective Goods. We will not provide you with a refund.

4.4 You must pay any costs associated with shipping, transportation and delivery of the replacement Goods and return of the defective or faulty Goods. We will not reimburse these costs to you.

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