WARRANTY AND TERMS
In these conditions:
"The Company" means The Trustee for Kmate Unit Trust, trading as:
Kmate, Klika, PowerTrain, Royal Manchester ABN: 36 512 820 728
"The purchaser", “buyer”, or ‘customer’ means the person, firm or company ordering or buying goods from The Company.
The company and the The purchaser expressly agree that until the company has been paid in full for the goods comprised on this or any other sales contracted between them full legal title remains with the company. Notwithstanding the preceding condition all risk in respect of the goods shall be assumed by the buyer upon delivery. The buyer shall examine the goods immediately the goods are delivered. The company reserves the right to reject claims in respect of shortages or damage in transit or non-delivery later than 7 days after the due date of delivery. Whilst the company will use its best endeavours to deliver the goods in accordance with the buyers requirements, the company will not be liable for any consequence of late delivery however caused, either with the original purchase and delivery of the item, or any subsequent delays in having the item repaired and returned, or issuing any refund. The company's liability to the purchaser in either contract or tort shall not extend either under this condition or any other provision or in any circumstances at all to indirect or consequential loss or damage or loss of profits sustained by the buyer provided always that this condition shall not exclude or restrict for death or personal injury arising from its negligence.
CHANGE OF MIND AND PURCHASES MADE IN ERROR:
When accepted, refunds are subject to a 30% restocking fee of the original purchase price
Refunds under this provision are provided only as a store credit
Original freight costs are not refundable under this provision
Return freight costs are to be paid by the purchaser
The item must be returned in new, unopened, and unused condition
Once the product is assembled or used a return will not be possible under this provision
The company provides a 7 day return window from date of delivery under this provision
Refunds are subject to the goods arriving back and being inspected by The Company
For public safety reasons no products intended for human consumption are included under this clause
Unless otherwise stated in the advertisement this clause does not apply to items sold as ex-demo, or used
MINOR AND MAJOR DEFECTS, SHORT OR LONG-TERM FAILURE:
The company guarantees to the purchaser that the goods will be free from defects caused by faulty materials or poor workmanship for a period no longer than six months from the date of purchase unless otherwise stated in the listing or advertisement at the time of purchase. This warranty does not cover minor accessories or attachments or consumable parts, including but not limited to, chainsaw chains, cutting blades or discs, instrument strings, product bags and cases, and carry straps etc. Examination by the company of such goods (or photos of the faulty goods if requested by The Company) shall disclose to its satisfaction that such defects exist and have not been caused by misuse, neglect, accident, improper storage, installation or handling, other incorrect or lack of proper maintenance, opening cartons with blades, or by repair or alteration not affected by the company. Further item specific failures for products such as fuel powered products, trampolines, outdoor structures (gazebos, tents, and umbrellas), bedding, and pool covers are detailed later in this document.
DEFECTS AND FAILURES NOT COVERED BY WARRANTY INCLUDE, BUT ARE NOT LIMITED TO:
Damage due to user misuse or use in a manner contrary to the operating instructions
Damage resulting from the item being used in a manner other than originally intended as advertised
Improper or neglected maintenance including oiling and cleaning where required
Improper storage or neglect to properly prepare the item for storage
Incorrect fuel or oil use, including 2-stroke fuel mixture where applicable
The user’s inability to properly use the item, including starting or tuning or engines
Storm or wind damage to items which have not been correctly installed or adequately secured
Failure due to improper user installation or assembly
Damage cause when assembling, tuning, or adjusting the product
Cuts and scratches etc such as those caused by opening packaging with blades or knives
Items sold as ex-demo, or used unless otherwise stated in the advertisement at time of sale
ITEMS, PARTS, AND ACCESSORIES NOT COVERED BY WARRANTY INCLUDE, BUT ARE NOT LIMITED TO:
Carry and storage bags and straps supplied as an accessory to the main product
Chainsaw bars and chains
Cutting wheels and discs
Instrument strings and minor accessories
Free gift or bonus items supplied with the main product
Any item under $10 in value
CONDITIONS FOR WARRANTY UNDER SHORT-TERM OR LONG-TERM FAILURE:
Warranty claims must be made within 7 days of the defect being discovered
The product must not be used after any problem or defect is detected
Warranty claims are limited to the original warranty period from the date of purchase
All warranties only apply to to the original purchaser, and are not transferable
Warranty repairs and/or replacements do not extend the original warranty period
The Company may require pictures of, or return of the faulty/damaged item(s) or parts
In cases where the goods or parts must be returned to The Company for assessment the purchaser is to arrange return of goods using The Company’s approved freight delivery method at the purchaser’s expense
Re-delivery of the repaired item or replacement parts will be at the cost of The Company where the warranty claim is found to be a legitimate claim under the terms of this warranty
The Company provides a six month warranty unless otherwise stated in the advertisement at the time of purchase
The Company will, at its discretion, repair or replace faulty items or parts, or supply a partial or full refund as compensation under this warranty agreement
On occasion The Company may supply a full or partial refund as compensation for item damage, failure, or restricted function being that which the company decides to be fair and reasonable for the failure or damage
Unless otherwise stated in the advertisement this warranty does not apply to items sold as ex-demo, or used
DOA: FAULTY OR DAMAGED ON ARRIVAL WARRANTY CLAIMS:
This provision is an extension of the regular warranty condition for ‘Product Failure’ as described above and covers items damaged in transit, missing parts, partial delivery, or items having existing defects on delivery.
Claims under this provision will only be accepted within 7 days from the date of delivery
The buyer must inform The Company by email or in writing within the 7 day period after delivery
Cuts and scratches to the product caused by opening cartons with blades etc are not covered under warranty
Assembling or using the product by the customer will be deemed as an acceptance that the goods are adequate and fit for purpose and will exclude any claims under this provision
Unless otherwise stated in the advertisement this clause does not apply to items sold as ex-demo, or used
RETURNING ITEMS WHERE REQUESTED BY THE COMPANY:
When required by The Company, goods may need to be returned to The Company to effect the warranty.
No refunds or replacements will be issued prior to the returned goods or parts being received by The Company
Return freight costs for warranty returns will be initially at customer’s expense
Goods must be returned using the freight method selected by The Company which will be determined by The Company according to the product and product location
Items must be disassembled and packed to their original delivery state and returned in the original packaging or the same size packaging to qualify for return freight cost refunds
Return freight costs will not apply to goods found to in working order or where the fault is other than originally described by the customer in the course of making the original warranty claim
Items must be authorised for return by The Company prior to the goods being returned. The Company will issue the customer a ‘Return Authority’ number (RA) which must be included with the returned item
All returned goods must arrive back with The Company no later than 14 days from the date the RA was issued
Refunds for return freight costs will only be considered when the above terms under this clause are satisfied
The Company may require up to 14 days after receiving the returned item to asses and/or repair the problem prior to initiating any return or refund
INITIATING A WARRANTY CLAIM
If you believe you are entitled to make a warranty claim under these terms and conditions send an email to our warranty department: firstname.lastname@example.org or call during office hours outlining the problems with the product and state the invoice number from the original purchase. Action to remedy the problem may include instruction on proper use. The Company may require pictures of the defect which must be supplied. When accepted. Return the goods within 14 days of the RA # being issued. Purchases completed in currencies other than AUD will be converted to AUD at the time of refund. The AUD price at the time of purchase is considered the original value of the goods regardless of the currency used as payment. Refunds may be issued in AUD or the original currency if required, and will be calculated at the currency conversion rate at the time of refund.
The company reserves the right to cancel, vary or suspend the operation or contract of sales if events occur which are in the nature of force majeure including (and without prejudice to the generality of the foregoing) fire, floods, storm, technical failure, plant breakdown, strikes, lock-outs, riots, hostilities, non-availability of materials or supplies or any other event outside the control of the company and the the company shall not be held liable for any breach of contract resulting from such event.
AUSTRALIAN CONSUMER RIGHTS
Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees. For more information about your rights as a consumer, see the Australian Consumer Law website at http://www.consumerlaw.gov.au. If a Product has a minor defect, we will provide a repair or offer you a replacement or a refund. If a Product has a major defect, you are entitled to reject the goods and receive a refund, reject the goods and receive an identical replacement, or one of similar value if reasonably available, or keep the goods and receive compensation for the drop in value caused by the problem.
ADVERTISING AND WEBSITE ERRORS:
The company takes all care to ensure products, features, and prices of current stock displayed are correct at all times. The company reserves the right to cancel and refund any purchase in full prior to dispatch for any reason including, but not limited to, errors in product description, advertised product price, or quoted shipping costs. In such cases the transaction may be cancelled and the full price paid will be refunded. Any such errors are unintentional.
All pricing is subject to change. We reserve the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability.
We make every effort to ensure the accuracy of the information published in our catalogs, flyers, advertisements and on our Web site(s). However, the documents and graphics published may contain technical inaccuracies or typographical errors. We make no representations about the suitability of the information and graphics presented. All such documents and graphics are provided "as is" without warranty of any kind.
To initiate a warranty claim please open a new support ticket in our support portal: click here.