Warranty & Guarantee
LAST UPDATED 15 JUNE 2022
DEFINITIONS
‘THE SELLER’ means Airius Oceania Pty Ltd TRADING AS The Clean Air Company APAC whose registered office is at 1/4 Broadwater Place, West Ballina NSW 2478. ACN 159 838 543
‘END-USER’ means the natural or legal person who owns the Goods and who has not acquired them with a view to re-selling or installing them in the course of business.
‘GOODS’ means any goods sold by the Seller.
1. Commencement of the Guarantee
The Guarantee period shall run from the time the Goods are delivered to the End-User and shall only take effect from the date the goods were delivered to the customer and the Seller is notified, in writing, (via email or registered letter) by the customer of their receipt within three days of the units being received in good and fair condition.
2. Extent of the Guarantee
The Seller guarantees its Goods to be reasonably free from defects in materials and workmanship when under normal use. All other warranties and representations, whether express or implied, are excluded to the fullest extent permitted by law. This guarantee shall apply for a period of 1 year for all Goods in Australia and Australian territories only.
The cost of shipping the unit to and from the Sydney office for repair or replacement under this warranty will be borne by the customer. The Guarantee shall not apply and the Seller shall be under no liability in respect of any defect in the Goods arising from:
2.1. the acts or omissions of persons other than the Seller or its authorised personnel or agents, including but not limited to damage in transit, repairs, modifications or additions made to the Goods by the End-user or any third party;
2.2. failure to perform appropriate maintenance;
2.3. any continued use of the Goods after they exhibit signs of any defect or malfunction;
2.4. carelessness, mishandling, wear and tear, vandalism or unforeseen events;
2.5. use of the Goods contrary to the Seller’s recommendations;
2.6. any failure or defect in related products or systems which the Goods have been integrated with, operate with or are dependent on;
2.7. defects in materials or workmanship which are the result of installation by others than the Seller.
2.8. all freight costs for any warranty units, either new or rebuilt will be borne by the customer
2.9. inappropriate and unauthorised use or installation processes
2.10. not following manufacturers recommended design, installation details or operations.
2.11. Use of the Goods in corrosive environments or in applications where chemicals etc. or other corrosive products or gases etc. are in use or non-standard environments or non-typical environments are in use and the Seller has not been advised prior to the purchase of the Goods.
3. Repair or Replacement under the Guarantee
The Seller will, at the Seller’s sole discretion, discharge in full any liability to the End-user under this Guarantee by repairing or replacing the relevant Goods (or any part thereof) at no charge so that the relevant Goods conforms to such Guarantee, and the Guarantee will continue for the remainder of the period set out in Clause 2.
If in the Seller’s sole opinion, the End-User is unable to establish breach of the guarantee in Clause 2, the End-User shall be responsible for all costs and expenses incurred by the Seller in investigating such alleged breach.
4. Data Protection
The Seller shall comply at all times with its obligations under the Commonwealth Privacy Act 1988 and any other legislation relating to the protection of personal data.
5. Notice
No notice to be given to the Seller shall be effective unless given in writing by registered post which will be deemed received three (3) business days after posting.
6. Miscellaneous
6.1. The Seller may perform any of its obligations or exercise any of its rights under this Guarantee by itself or through any of the Seller’s subsidiary or holding companies or any subsidiary of any such holding company.
6.2. Subject to Clause 6.1, this Guarantee is not intended by the parties to give rise to any right which is enforceable by any third party.
6.3. This Guarantee is subject to NSW Law and the NSW Courts shall have exclusive jurisdiction over any dispute arising out of or in connection with this Guarantee.
6.4. This Guarantee does not and will not affect your Statutory Rights as a consumer.