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Obligations of Telwater ~
Telwater Pty Ltd: Our liability for trailers of our own manufacture is limited to making good on the above warranties, any
defects by repairing the same or, at our option, by replacement after the trailer has been sold by our dealer for the first
time.
Special provisions ~
• The warranties herein contained extend to the original purchaser (whose details are recorded by Telwater)
only. They do not cover any person to whom a trailer is transferred.
• Exercise of any of the above Warranties is subject to delivery of the trailers to Telwater, to proof of purchase
and the date of purchase (as to which Telwater’s records shall be conclusive in the case of disagreement).
• This warranty does not cover the cosmetic appearance of the galvanised surface of a trailer or its
components. It does not extend to rust on painted and zinc coated surfaces. It does not cover wear and tear
or cosmetic changes to brake pads, winch cables, winch straps, bow rollers and keel rollers.
• This warranty does not extend to any trailer which is found to have been used for any purpose other than that
for which it was manufactured, which is found to be overloaded, which is altered or modified in any way, or
which malfunctions due to prior damage, unreasonable use or failure to provide reasonable and necessary
• maintenance.
• This warranty will be negated by and Telwater will not bear any responsibility for any warranty procedure or
charge carried out without written authorisation by Telwater.
• There shall be no implied or actual warranty with respect to the manufacture of, merchantability, or fitness for
a particular purpose of any Telwater trailer and Telwater shall not be liable for any transportation charges, or
for any direct, special, incidental, consequential (including loss of profit) or other loss or damage, whether
based in contract, tort, or arising from breach of any warranty or otherwise provided that Telwater
acknowledges that this warranty does not exclude or limit the application of any provision of any statute
(including the Trade Practices Act) where to do so would contravene that Statute or cause any part of this
agreement to be void (“non-excludable condition”). Telwater’s total liability hereunder for a breach of any non-
excludable condition (other than implied by Section 69 of the Trade Practices Act) is limited at its option to
any one of supplying, repairing or replacing or paying the lost of supplying, repairing or replacing a trailer.
• Commercial Use or Off Road Use: Telwater Pty Ltd does not warrant trailers used commercially or off road or
warrant that Telwater trailers are suitable for a particular commercial or off road application.
• Telwater will repair or replace, at its sole discretion, any Structural Deck Defect, as defined below, which is
reported within 1year from the Boat’s delivery to the original retail owner. For purposes of this Limited
Warranty: 1) The “Deck” shall mean the moulded shell and integral fibreglass structural components above
the hull flange (i.e. gunwale); and 2) a “Structural Deck Defect” shall mean a substantial defect in the Boat’s
Deck which causes the Boat to be unfit or unsafe for general use as a pleasure craft under normal operating
conditions.
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