WARRANTY & DISCLAIMER
Yakima Australia Pty Ltd ABN 58 154 440 221
17 Hinkler Court, Brendale QLD 4500
Tel: 0800 4776 722 (NZ) or 1800 143 548 (AU) Email:
firstname.lastname@example.org or email@example.com
- Where the product is supplied to the customer for other than business purposes within
the meaning of section 43 of the New Zealand Consumer Guarantees Act 1993, the provisions
of that Act shall apply. It is important that anyone who fits or uses this product
does so in accordance with the manufacturer's instructions.
- Where the product is supplied to the customer for business purposes within the meaning
of section 43 of the New Zealand Consumer Guarantees Act 1993, the provisions of
that Act and all other representations or terms (including any conditions or warranty
expressed or implied by law, statute or otherwise) not expressly included in this
leaflet are hereby expressly excluded shall have no effect and the clauses (a) and
(b) shall apply.
- Subject to the Additional Information (Australia), where the product
is supplied and purchased in Australia, the following shall apply:
- THE SUPPLIER WARRANTS the product to be free from defects in materials and/or workmanship
for a limited lifetime from the date of original purchase (the warranty period).
Proof of purchase is required. Subject to the limitations and exclusions set out
below, the Supplier hereby agrees to remedy any defects in materials or workmanship
becoming apparent during the warranty period, by replacing or repairing any defective
product or component (at its option) free of charge to the purchaser in respect
of replacement parts or labour. Any defective product or component must be notified
and where practicable, returned at the purchaser’s expense to the Supplier immediately
upon discovery of the alleged defect and no attempt made on the part of the purchaser
to repair it.
- EXCEPTIONS, EXCLUSIONS AND LIMITATIONS TO WARRANTY. The product and/or its components
must be fitted/assembled and loaded in accordance with the Supplier’s written instructions
and any requirements set out in the car’s owner manual. This warranty does not cover
defects, loss or damage resulting from circumstances beyond the Supplier’s control
including, but not limited to misuse, overloading, or failure to assemble and/or
fit the product or component in accordance with the Supplier’s written instructions.
Nor does the warranty cover defects, loss or damage resulting from accidents, unlawful
use of the vehicle or defects/inconsistencies in the vehicle on which the product
or component is fitted. Liability for direct, indirect, special, punitive, incidental,
exemplary, contractual or consequential damage or loss arising from defects, faulty
materials or design omissions or negligence or workmanship in the product or its
components is hereby expressly excluded subject to the following. Certain Commonwealth
legislation, including the Competition and Consumer Act 2010 (Cth), and other State
and Territorial legislation confers upon purchasers rights which cannot be excluded
from or be restricted or modified by contract. Any conditions, guarantees and/or
warranties implied by law and incapable of exclusion are deemed to be expressly
incorporated herein. Nothing herein contained is intended nor shall be permitted
to be inconsistent with any such conditions, guarantees and/or warranties. To the
extent permitted by legislation all conditions, guarantees and/or warranties such
as implied warranties which are capable of exclusion are hereby expressly excluded
Additonal Information (Australia)
This information should be read in conjunction with clauses (a) and (b).
IMPORTANT LEGAL NOTICE
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 for 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.
This warranty does not change or take away your rights under the Australian Consumer Law. Your right to claim under this policy for the benefits covered is in addition to other rights and remedies you have under the law in relation to the product.
Where you become aware of defects in materials or of workmanship, and wish to make a claim under this warranty you must do the following for the warranty to be honoured by your Whispbar dealer or Yakima Australia Pty Ltd ABN 58 154 440 221 (Yakima):
- Make a claim as soon as practicable by contacting the Whispbar dealer from whom you purchased the product, who will give you instructions on how to proceed.
- If you are unable to contact the Whispbar dealer, or the dealer is not able to remedy the defect, you should contact Yakima as soon as practicable at:
Call: 0800 4776 722 (NZ) or 1800 143 548 (AU)
Email: firstname.lastname@example.org or
Alternately, you can write to Yakima at 17 Hinkler Court, Brendale QLD Australia
4500 in order to make a claim under your warranty.
- Upon contacting Yakima directly, you should explain as fully as possible the defect. A Yakima representative will provide you with appropriate instructions for returning the product together with a copy of the original purchase invoice or receipt to Yakima.
- The costs and expenses associated with making a claim under your warranty including the costs of complying with those instructions and of returning the product to Yakima or the Whispbar dealer will be borne by you.
Following receipt of the product and purchase invoice or receipt, Yakima or the Whispbar dealer must inspect the product to determine whether the claim falls within the warranty. If:
- 4.1 the claim falls within the warranty, Yakima will remedy any defects in materials or workmanship becoming apparent during the warranty period, by replacing or repairing any defective product or component (at its option) free of charge to the purchaser in respect of replacement parts or labour.
- 4.2 the claim does not fall within the warranty, Yakima will return the product to you at your expense..