S9 WARRANTY
ENSITECH WARRANTY AGAINST DEFECTS
9. DICTIONARY + INTERPRETATION
Dictionary: In this document, unless otherwise provided, the
following terms shall have their meaning as specified:
ACL means the Australian Consumer Law set out in the
Consumer and Competition Act 2010 (Cth) as amended.
Ensitech means Ensitech Pty Limited (ACN 144 914 401) of
1/144 Old Bathurst Road, Emu Plains, New South Wales 2750,
Australia, or Ensitech Inc. (FEIN 46-4141559) of 340 Marshall
Ave. Bldg# 104, Aurora IL 60506, US.
Ensitech Trouble Shooting Steps means the relevant
trouble shooting steps determined by Ensitech from time to
time concerning relevant goods.
8. STATUTORY RIGHTS NOT AFFECTED
7.1 The warranty against defects in clause 2 is provided in
addition to other rights and remedies a consumer (as
defined under the ACL) may have at law. The following
statutory language may be of relevance to a consumer of
our goods:
Our goods and services come with guarantees that cannot
be excluded under the Australian Consumer Law (or for
sales in the US, the laws of the State of Delaware). For
major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for
its reduced value.
You are also entitled to choose a refund or replacement for
major failures with goods. If a failure with the goods or
service does not amount to a major failure, you are entitled
to have the failure rectified in a reasonable time. If this is
not done you are entitled to a refund for the goods and to
cancel the contract for the service and obtain a refund of
any unused portion. You are also entitled to be
compensated for any other reasonably foreseeable loss or
damage from a failure in the goods or service.
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TIG Brush™ Instruction Manual
Ensitech Pty Ltd
6. FAULT ANALYSIS BY ENSITECH
6.1 Once relevant goods the subject of a duly issued RAN are
returned to Ensitech, Ensitech will, subject to clause 6.2,
undertake further fault analysis and testing to determine the
nature of the alleged failure or defect.
7. EXCLUSIONS
7.1 Ensitech advises that the warranty against defects in clause
2.1 does not cover any of the following causes:
7.2 contrary to any Ensitech published guidance from
time to time.
6.2 Returned goods not clearly labelled with the allocated RAN
may be quarantined until further information and evidence
is provided or else (subject to statutory rights) they will not
be accepted and will be returned to the relevant customer
at its cost.
6.3 If Ensitech fault analysis and testing supports a claim for
breach of the warranty against defects in clause 2.1. Ensitech
will either (subject to statutory rights):
6.3 If Ensitech fault analysis and testing does not support a
claim for breach of the warranty against defects in clause
2.1, Ensitech will, subject to any statutory rights of the
customer, provide a quote to repair or replace the relevant
goods (as may be determined by Ensitech). If the relevant
customer requires the goods to be returned, then the costs
of freight shall be for the account of the customer, subject
to statutory rights.
(a) repair the goods; or
(a) misuse of the goods;
(b) goods or consumables not manufactured by Ensitech
(or on its behalf);
(c) connectivity issues due to a failure to perform end of
shift maintenance to ensure all connections are clean
and free of corrosion;
(d) failure to use the relevant goods for the cleaning,
polishing and passivation of stainless steel welds; or
(b) replace the goods with the same or similar goods
(keeping the returned goods for product development),
and in each case return or supply the relevant goods
free of charge (including freight charges) to the
relevant customer.
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