T&C 'Smart protection Plan'.
The Len Wallis Audio 'Smart Protection Plan'
WARRANTY AGREEMENT
Us, We, Our means Len Wallis Audio Pty Limited (ABN 40 001 592 383) of 64 Burns Bay Road, Lane Cove NSW 2066.
You, Your means the individual or business entity named in the attached Quote.
Capitalised expressions in this document have the same meaning as set out in the Terms and Conditions of Sale.
1 GENERAL
(a) These terms and conditions for warranty is the agreement under which We provide a warranty on certain Goods purchased from Us in extension to the manufacturer's warranty under the Terms and Conditions of Sale (Warranty).
(b) You may accept the Warranty by signing where indicated below and returning a copy to Us and by paying the cost of the Warranty set out in clause 3(b) below.
(c) This Warranty is governed by and interpreted in accordance with the laws of New South Wales, Australia.
(d) This Warranty may not be varied.
(e) We may subcontract Our obligations to third parties under this Warranty.
2 DEFINITIONS
(a) AV means audio/visual.
(b) CCP ID Number means the Serial number found on the ID sticker provided at the time of purchase.
(c) Claim means a claim made to Us in accordance with clause 6(a) for the service, repair or replacement of a Covered Item(s) under this Warranty.
(d) Control means the ability to integrate and control all Covered Items.
(e) Electrical means any 240V cabling, general power points, lighting fixtures and light switches as specified and installed by Us.
(f) Lighting Control means the ability to control lighting as specified and implemented by Us.
(g) Security Hardware means any cameras, internal & external sensors, processors, keypads, external sirens and power supplies associated with a security system as specified and implemented by Us.
3 PAYMENT
(a) The cost of this Warranty is based on the "Overall Value" of the system, being the value of the system supplied and installed by Us (based on the total sum of all Invoices issued to You for that system, including the costs of installation and GST) as follows:
(i) For the first year of the term - 5% of the Overall Value; and
(ii) For each of the second, third, fourth and fifth years of the term - 3.5% of the Overall Value.
(b) We will issue You with a valid tax invoice annually in advance for the warranty cost applicable for each year of the term set out in clause 3(a) and any additional charges incurred (Invoice).
(c) If the Site is situated outside of the Sydney metropolitan area We may charge You for any costs associated with Our travel to and from the Site (including accommodation charges).
(d) Unless otherwise stated, all prices contained in a Quote are inclusive of delivery charges, GST and any other charges.
(e) Each Invoice must be paid within 10 days on issue of invoice (Payment Date).
(f) If You fail to make full payment of the Invoice by the Payment Date, the Warranty will become void.
4 TERMS OF WARRANTY
(a) We agree to provide You with a 5-year Warranty commencing 3 months after practical completion of the delivery and installation of the Goods as described in an Invoice (being the period 3 months after all Goods have been installed and are functional, provided that any minor adjustments must be completed before this contract commences). The Warranty covers all AV and Control components supplied and installed by Us (including Lighting Control, Electrical and Security Hardware) under that Invoice (Covered Items).
(b) The Warranty does not replace any manufacturer's warranty.
(c) As part of the Warranty, during each year of the Warranty, We will undertake 2 x 6-monthly system health checks on the Covered Items at Your request. This involves:
(i) checking the configuration of the Covered Items;
(ii) providing further instruction on the Covered Items, if necessary;
(iii) performing any necessary maintenance to the Covered Items e.g. clean filters in projectors;
(iv) replacing emitters and connections on Covered Items if required, provided that We will issue You with an Invoice to pay for consumable items (e.g. batteries and bulbs) and any additional work You ask Us to complete, including programming changes to accommodate new equipment; and
(v) installing firmware upgrades provided by the manufacturer to Covered Items (i.e. control or IT based products).
(d) Depending on the proximity of the Site to the Sydney metropolitan area, We may offer a priority call out service where We will attend the Site during Our weekday office hours on the next working day after Your Claim is received (We do not guarantee that Our attendance at that time will result in a resolution of Your Claim.) (e) We will collect and reinstall any defective Covered Items under the Warranty, and provide loan equipment where possible.
(f) For systems which include Crestron RoomView, We will provide external monitoring (during usual business office hours excluding public holidays in NSW) of Covered Items, including notification of:
(i) low battery life (touch screens);
(ii) low lamp life (projectors);
(iii) disconnected source equipment; and
(iv) product faults.
(g) Covered Items must be purchased as NEW from Us, manufactured for use in Australia or New Zealand, and which at the time of purchase, included a manufacturer's original written warranty valid in Australia or New Zealand and which provided at least 1 year parts and labour coverage and covers all mechanical and electrical defects;
(h) The Warranty covers labour and parts which are contained within the Covered Items that have failed under normal residential or other non-commercial usage in Australia to ensure that the Covered Items are maintained in good operating condition.
(i) The Warranty does not cover:
(i) any failure of, or damage to, Covered Items:
(A) due to those items being inadequately serviced by a party other than Us.
(B) due to dirt, dust, rodents and insects;
(C) due to warping, rust or corrosion of any part of the Covered Items including its parts;
(D) caused by overheating as a result of sitting or positioning of the Covered Items, where there is not provision for adequate ventilation or a dust free environment; resulting from “fair wear and tear”;
(E) due to incompatibility of parts added or installed by a party other than Us;
(F) due to a Covered Item being dropped; collision with another object; any result of a malfunction or damage of an operating part from failure to provide manufacturer's recommended maintenance; theft, abuse, misuse, neglect, vandalism, or environmental conditions; or
(G) due to any changes in operating system software, software or software compatibility with replacement parts;
(H) caused by power surges or spikes, including and not limited to, mains power and telecommunications connections, or to other unspecified sources, voltage fluctuation, amperage fluctuation, rust or corrosion; or
(I) due to flood, fire, earthquake, electrical storms or any other act of God or any war related event. However the costs of removal of equipment and the subsequent re-installation will be covered without charge as part of this contract (clause 4(i)(I) and clause 4(i)(J)).
(J) Loss of Data.
(ii) any repairs:
(A) to any components that have been fitted to the Covered Items after the original purchase, unless purchased from Us and specifically added to this contract;
(B) to a Covered Item due to incompatibility with any unapproved component that was fitted to the Covered Item after the original purchase;
(iii) costs of attendance at the Site and testing where no mechanical or electrical failure is identified;
(iv) normal maintenance costs;
(v) Covered Items with removed or altered serial numbers;
(vi) consumables such as, but not limited to, bulbs/globes, filters, batteries, CD's, DVD's and memory cards;
(vii) removal and reinstallation of an internal component of a Covered Item not performed by Us;
(viii) cosmetic or structural items; and
(ix) the cost of reloading operating systems or Your data, including music (which can be carried out at Your expense).
5 CONDITIONS OF WARRANTY
(a) The Warranty only applies to Covered Items.
(b) It is a condition of this Warranty, that a surge protector (in good working order) that complies with Australian standards protects the Covered Items at all times. Failure to do so will void the Warranty.
6 CLAIMS
(a) You may make a Claim against this Warranty for repair or replacement of a Covered Item by contacting Us on 02 94276755, support@lenwallisaudio.com.au or at the address on page 1.
(b) You are entitled to have Your Claim for repairs assessed under the Warranty, but We are not obliged to accept all Claims (for example, where it is obvious to Us that You have used the Goods in an unauthorised or abusive manner or Your Claim is a claim not recognised by the manufacturer of the relevant Goods).
(c) When services are provided where the fault or work done is not covered under this Warranty, You may be charged for any costs incurred by Us.
(d) The CCP ID sticker bearing the CCP ID Number must remain attached to the Covered Item.
(e) You must provide Us with the CCP ID Number corresponding to the Covered Item.
(f) If the CCP ID sticker is not attached to the Covered Item or You cannot produce the CCP ID Number, We will not provide any repairs to the Covered Item and You will be charged a service call-out fee.
7 LIMIT ON CLAIMS
(a) No services will be rendered or supplied under this Warranty unless full payment for the Covered Items, and the Warranty costs in clause 3(b), have been received from You.
(b) If the repair cannot be suitably carried out at the Site, Our repairer may, at their discretion, remove the Covered Item from the Site, repair the Covered Item and return it to You when the repair is completed.
(c) Any unauthorised access or tampering to the Covered Item or installation of any unregistered part will void this Warranty.
8 REPLACEMENT OF PARTS
(a) If repair is needed because of a Covered Item's failure during normal usage, We have the option to repair or replace the defective Covered Item or part of the Covered Item with a product or part of the Covered Item of like kind and quality, provided that:
(i) a replacement part may be new or reconditioned of like kind and quality as the original Covered Item;
(ii) a replacement part may cost less than the original Covered Item; and
(iii) no charges or refunds will be made based on the replacement Covered Item's cost difference.
(b) Replacement of faulty parts is dependent on availability of those parts to Us and if We are unable to procure the same part or repair the damaged component, liability for the cost of any repair which necessitates the replacement of obsolete or unavailable parts, will be limited to the estimated cost of similar parts for a similar type of Covered Item currently available in Australia.
(c) We accept no liability for any items that are lost, damaged, or stolen as a result of freight, transport or storage.
(d) Items not covered under this warranty include, but are not limited to, general maintenance items, filaments, remote controls and batteries.
9 OUR RIGHTS
We reserve the right to:
(a) suspend or cancel this Warranty for failure to pay monies owing to Us as a result of non-Warranty work being carried out on Covered Items at Your request; or
(b) inspect and repair the Covered Item at Our offices;
(c) require You to return to the Covered Item to Us at Your expense, including all insurance costs, if the Site is outside of the Greater Sydney metropolitan area; or
(d) extend Our response times beyond the standard response times on public holidays or other periods when regular business and wholesale operations are temporarily ceased, and the availability of repairers and parts is decreased.
10 SPECIAL CONDITIONS RELATING TO PLASMA TV'S, LCD TV'S, LCD PANELS, PROJECTION TELEVISION AND PROJECTION EQUIPMENT
(a) All LCD and Plasma panels exhibit some bright, dark or partially lit pixels, a normal limitation of these technologies, and the manufacturing processes involved and are usually not noticeable when viewing normal screen images and defective pixels are not a Warranty issue unless they exceed the manufacturer's specifications for pixel defects. Where there are no manufacturer specifications, We cover the screen provided 12 or more pixels are failing to display.
(b) Image retention or burn-in can be a problem for all phosphor based displays. In extreme cases, permanent phosphor burn can occur if still/repetitive images are left on the screen for extended periods of time. Such damage to the screen is NOT covered by the Warranty. Please ensure that the precautions in any documentation supplied with Your Covered Item are followed in order to avoid permanent damage to Your display.
(c) Any failures are due to the interference from other products and/or sources are not covered under this Warranty.
(d) Any repair to be performed on a Covered Item under this clause where no fault can be found, or the Covered Item is deemed by Us to be fault-free, or the repair or fault is not covered under the Warranty, will result in a fee of a minimum of $125 (inc GST) being payable by You for Our time.
(e) Any repairs or services required that are outside of the terms of this Warranty can be carried out at Your expense and request.
11 LIABILITY
(a) We are not liable for any damage to Covered Items or Your property caused during the inspection, repair or delivery of Covered Items, where such damage is caused at the Site. We will however take all due care when visiting the Site.
(b) To the full extent permitted by law, We are not liable to You for any loss, damage, injury or loss of life arising out of, or incidental to, the provision of this Warranty regardless of whether or not such loss or damage is caused or contributed to by any default, omission or negligent act on Our part, or Our servants or agents.
(c) We are not under any liability to You if We are unable to provide the Warranty either at all or in part to You by reason of fire, accident, theft, loss, flood, storm, tempest, earthquake, strike, industrial dispute, war, hostilities, riot, Act of God or any Government act or regulation (whether Commonwealth, State, or Local) or any cause beyond Our reasonable control.
(d) In no event are We liable for special, indirect, incidental, consequential or punitive damages, or losses of any nature (including costs or expenses), lost profits, opportunity costs, or failure to realise anticipated savings.
(e) Our liability for Covered Items repaired or replaced by Us is limited, at our election, to making good or paying the cost of making good, any of the same defects in Covered Items previously repaired or replaced by Us within a period not exceeding twelve (12) calendar months previously provided that:
(i) the same defects have arisen solely from faulty materials or workmanship;
(ii) the Covered Items have not received maltreatment, inattention or interference;
(iii) accessories of any kind used by You are manufactured or approved by Us; and
(iv) the defective Covered Items are promptly returned free of cost to Us or made available for inspection by Us.
(f) Except as provided in these terms, all express and implied warranties, guarantees and conditions under statute or general law as to description, quality, suitability or fitness of the repairs done under this Warranty or as to assembly, installation, materials or workmanship or otherwise are expressly excluded.
(g) These terms and conditions are read subject to any implied terms and conditions or warranties imposed by the Trade Practices Act 1974 and any other Commonwealth or State Legislation as may be applicable and which prevents, either expressly or impliedly, the exclusion or modification of any terms, conditions or warranties.
12 TERMINATION
(a) We may elect to terminate the Warranty by notice in writing to You after following the Dispute Resolution process at clause 15, if any of the following events occurs:
(i) You commit a breach of any of the terms of the Warranty, or commit any of the acts set out in this Warranty which are expressed to void the Warranty; or
(ii) a trustee in bankruptcy is appointed to You and Your assets.
(b) Termination will not affect the parties’ rights and obligations prior to the date of termination and, notwithstanding any such termination, each party will remain fully responsible and liable for all charges, expenses and costs incurred or earned as at the date of termination.
(c) Termination will not affect any clauses of this Warranty which by their nature are designed to survive or operate in the event of the termination (such as clause 13), and will not prejudice the rights of either party in respect of any breach prior to termination.
(d) On termination, any costs of the Warranty (as set out in clause 3(b)) that have been paid to Us will not be refunded, and no further Warranty costs will be payable by You.
Len Wallis Audio Pty Limited (ABN 40 001 592 383)
64 Burns Bay Road, Lane Cove NSW 2066