WARRANTY AND AUSTRALIAN CONSUMER LAW POLICY
1 Year “Best Built” Warranty
Macnaught Pty Limited (ACN 612 223 551) (“Macnaught”)
Macnaught Pty Limited undertakes to the end purchaser (“Customer”) to rectify defects in STM-branded products supplied by Macnaught that are caused by faulty workmanship or materials during the applicable Warranty Period, subject to the terms of this Product Warranty Statement.
This manufacturer's warranty is provided in addition to, and does not replace, restrict or exclude, any rights and remedies available to consumers under the Australian Consumer Law (“ACL”).
Definitions
“Products”
Means STM-branded products supplied by Macnaught Pty Limited.
“Warranty Period”
Means the 12-month period commencing from the date of sale, being the earliest of the date of invoice, date of delivery or date of installation, unless a different warranty period has been agreed by Macnaught in writing for a specific Product.
“Warranty Cover”
Means cover for defects occurring during normal and proper use of the STM Product as intended by the manufacturer, including:
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Faulty materials or workmanship in the construction of the Product;
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Malfunctions or failures resulting from manufacturing defects; and
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Defects in parts or components that render the Product inoperable or significantly impede its intended function.
This voluntary manufacturer's warranty applies for the stated Warranty Period. It does not determine or limit the period during which rights under the ACL may apply.
Making a Warranty Claim
As soon as the Customer becomes aware of a suspected defect, the Customer should contact Macnaught or STM Australia and provide reasonable information to assist with assessment of the claim.
Customers may be asked to:
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Notify Macnaught of the claim in writing at:
Macnaught Pty Limited
41–49 Henderson Street
Turrella NSW 2205
Australia
Email: warranty@macnaught.com.au -
Cease using the Product where continued use could cause further damage or create a safety risk.
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Provide reasonable information including the Product serial number, photographs of the alleged defect and reasonable proof of purchase.
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Provide information regarding installation and use of the Product, including whether the Product has been used in accordance with the manufacturer's instructions.
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Make the Product available for inspection where reasonably required to assess the claim.
Macnaught may require a Product to be returned for assessment or may arrange another reasonable method of inspection depending on the nature, size and location of the Product.
Warranty Exclusions
The voluntary manufacturer's warranty does not cover defects or damage resulting from:
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Damage caused by the Customer after delivery, including damage caused by negligence, misuse, abuse, accident or improper handling;
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Incorrect installation, repair, maintenance or modification by persons who are not appropriately qualified or authorised where such installation, repair, maintenance or modification caused the defect;
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Unauthorised repair, alteration, modification or substitution of Product parts where this caused the defect;
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Storage or use of the Product other than in accordance with the manufacturer's instructions;
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Use of the Product outside its specified operating conditions or intended application;
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Normal wear and tear associated with ordinary use, including cosmetic damage, surface scratches and deterioration of wear components such as seals and O-rings;
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Environmental conditions outside the Product's specified operating conditions, including exposure to extreme temperatures, moisture or corrosive substances, where these caused the damage;
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Overloading, improper maintenance, neglect or abuse;
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A Product with its serial number removed, altered or rendered illegible;
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Software applications or programs relating to the Product that were not supplied by Macnaught or an authorised Macnaught dealer; or
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Defects or damage that were disclosed to the Customer before purchase.
The warranty does not extend to products or components that were not manufactured or supplied by Macnaught, or to other products into which the Product has been installed, except to the extent required by law.
These warranty exclusions do not apply to the extent that they would exclude, restrict or modify a right or remedy available to a consumer under the ACL.
Products Purchased from STM Australia
The 1 Year “Best Built” Warranty applies to Products purchased from Macnaught or an authorised Macnaught dealer or distributor, subject to the terms of this warranty.
Where a Product has been purchased directly from STM Australia, warranty claims should be submitted through STM Australia customer support.
Where a Product has been purchased through an authorised dealer or distributor, the Customer may contact that supplier or Macnaught for assistance with the warranty claim.
Nothing in this section limits a consumer's rights against the supplier under the ACL.
Warranty Assessment and Remedy
Macnaught may assess the Product to determine whether the reported issue is covered by this voluntary manufacturer's warranty.
Where a defect is covered by the manufacturer's warranty, Macnaught may, at its discretion and subject to applicable law:
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Repair the Product;
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Replace the Product or supply an equivalent Product;
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Replace defective parts; or
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Provide another appropriate remedy.
If a Product or part is repaired or replaced under this manufacturer's warranty, the replacement or repair does not restart or extend the original Warranty Period unless Macnaught agrees otherwise in writing.
If the Product is not covered by this manufacturer's warranty, Macnaught may offer a paid repair or other service where available. Any charges will be advised to the Customer before the paid work is undertaken.
Return and Freight Costs
Where Macnaught requests the return of a Product or part for assessment under the voluntary manufacturer's warranty, Macnaught may provide a Return Authority (“RA”) and instructions for return.
Where the claim is accepted under the manufacturer's warranty, Macnaught will meet reasonable costs associated with returning the Product or part and returning the repaired or replacement Product to the Customer, subject to any reasonable arrangements agreed with the Customer.
Where a claim is not covered by the manufacturer's warranty, the Customer may be responsible for applicable collection, freight, inspection or repair charges, where those charges have been disclosed and agreed.
Nothing in this section limits Macnaught's obligation to pay or reimburse reasonable costs of returning a Product where required under the Australian Consumer Law.
Australian Consumer Law
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.
The ACL consumer guarantees apply independently of this voluntary manufacturer's warranty. A Product does not cease to have ACL protection merely because the 12-month manufacturer's warranty has expired.
What constitutes a major failure is determined under the Australian Consumer Law.
Consumer Guarantee Claims
If a Product has a problem, STM Australia will assess the circumstances and provide the remedy required under the ACL.
Depending on the circumstances, this may include:
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Repair;
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Replacement;
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Refund; or
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Compensation for reasonably foreseeable loss or damage.
For a major failure with goods, the consumer may choose between a refund and replacement, subject to the rights and requirements of the ACL.
For a minor failure, Macnaught or STM Australia may choose to repair or replace the goods within a reasonable time. If the failure cannot be remedied within a reasonable time, the consumer may have further rights under the ACL.
Where a Product is found to have a problem covered by the ACL, STM Australia will meet reasonable costs associated with returning the Product, including arranging collection where the Product is large, heavy or otherwise not reasonably capable of being returned by ordinary post.
Business Purchases
The ACL may apply to products purchased for business use where the purchaser meets the statutory definition of a “consumer”.
The fact that a Product is purchased by a business or used in a business does not, by itself, determine whether ACL consumer guarantees apply.
For Products that are not ordinarily acquired for personal, domestic or household use, and to the extent permitted by law, Macnaught's liability for a breach of a consumer guarantee may be limited to one or more of the remedies permitted by the ACL, including:
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Replacement of the Product or supply of an equivalent Product;
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Repair of the Product;
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Payment of the cost of replacing the Product or acquiring an equivalent Product; or
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Payment of the cost of having the Product repaired.
Any such limitation applies only to the extent permitted by law and does not apply where the law prohibits the limitation.
Limitation of Liability
To the maximum extent permitted by law, Macnaught will not be liable for incidental, indirect or consequential loss arising from the use of, or inability to use, a Product.
Nothing in this warranty excludes, restricts or modifies liability or a right or remedy that cannot lawfully be excluded, restricted or modified, including rights and remedies under the Australian Consumer Law.
Where the law permits liability to be limited, any limitation will apply only to the extent permitted by law.
Other Rights
The benefits provided by this manufacturer's warranty are in addition to any other rights and remedies available to the Customer under applicable law.
Nothing in this warranty excludes, restricts or modifies any condition, warranty, guarantee, right or remedy implied by applicable law, including the Australian Consumer Law, where to do so would be unlawful.