Standard Warranty Terms and Conditions
Please email firstname.lastname@example.org for all warranty and product support requests.
These Terms and Conditions constitute a contract between the customer (you) and The Fencing Store (TFS).
These terms and conditions apply to Standard and Extended Warranties of Products from www.thefencingstore.com.au
It is important to note that TFS supplies and supports all warranties relating to Products which carry the brand "The Fencing Store".
Please note that you must keep your original product packaging. In the event that you do not have the original packaging, you will bear the responsibility for safely packaging your Product for transport and TFS accepts no liability for any damage that may occur in transit.
1. Warranty Terms
1.1 Subject to the terms and conditions set out below,TFS agrees to replace the Product or Other Product (as the case may be) which it supplied to you at its own cost, and any TFS accessory supplied with it, purchased by You, in circumstances where the Product does not perform in accordance with Unicorn's specifications during:
(a) the Standard Warranty period of 12 months (or as specified for individual products), commencing on the date of purchase (or deemed delivery) of the Product; or
1.2 This contractual product warranty does not operate to limit rights under the statutory warranties referred to in clause 3.1 below.
2. Warranty Conditions
2.1 Proof of purchase (invoice or paid Order confirmation) must be provided when requesting service under the Standard Warranty.
2.2 TFS requires any customer requesting service under the Standard Warranty to comply with directions from TFS staff in relation to troubleshooting any issue and facilitating any replacement under these Warranty Terms and Conditions.
2.3 TFS reserves the right to replace the Product or relevant part with the same or equivalent Product or part. Where a replacement is provided the Product or part replaced becomes the property of TFS.
2.4 If TFS is unable to replace the Product, the customer will be provided with credit for TFS's online store or maybe refunded the price of the Product (at TFS's election) on a pro-rata basis, calculated as a % of the time of the claim left to the end of the warranty period. This credit or refund will be for the calculated pro-rata amount of the purchase price of the Product excluding the associated Delivery Cost.
2.5 TFS may seek reimbursement of any costs incurred by Us where the Product is found to be in good working order or merchantable condition.
2.6 TFS reserves reasonable discretion to determine whether any Product is or is not performing in accordance with the TFS’s specifications, subject to applicable law.
3.1 Legislation may imply warranties or conditions or imposes obligations on TFS, which cannot be excluded, restricted or modified in relation to consumer goods.
3.2 To the full extent permitted by law, but subject always to clause 3.1, the Standard Warranty will not apply in respect of a Product where:
(a) If the Product has not been installed, maintained or used in accordance with the manufacturer's instructions or specifications provided with the Product;
(b) To damage, malfunction or failure resulting from alterations, accident, misuse, abuse, fire, liquid spillage, mis-adjustment of customer controls, tampering or unauthorised repairs by any persons, use of defective or incompatible accessories, exposure to abnormally corrosive conditions or entry by any insect, vermin or foreign object in the Product;
(c) To damage arising during transportation, installation or while moving the Product, or to any transportation costs of the Product or any parts thereof to and from the Customer, unless otherwise specified in these Warranty Terms and Conditions;
(d) The product/s are being used / installed within 3km of any coast line, which are corrosive conditions, in such circumstances no warranty applies.
3.3 To the full extent permitted by law, but subject always to clause 3.1:
(a) TFS will not be liable for any loss, damage or alterations to any part of the Product, no matter how occurring; or for any loss or damage arising from loss of use, loss of profits or revenue, or for any resulting indirect or consequential loss or damage.
(b) TFS’s aggregate liability in respect of all claims under the Standard Warranty and shall not exceed the original purchase price of the Product or, at TFS’s option, replacement of the Product with a like or similar Product.
(c) TFS excludes all other warranties, conditions, terms, representations and undertakings whether express or implied.
(d) Any other supplier or manufacturer's products supplied by TFS shall be subject to their respective warranty and any warrant claims will be subject to each supplier / manufacturers warranty and Terms and Conditions.
3.4 Insofar as they apply to warranties relating to products supplied by TFS, these Standard Warranty Terms and Conditions are governed by and must be construed according to the law of the State of Queensland, Australia and the parties submit to the jurisdiction of the courts in that State.