Product Warranty Statement - Watts ENWARE EL540 Installation And Maintenance Instructions Manual

product warranty statement

EFFECTIVE FROM 20 November 2023
This Warranty Statement applies to products supplied by Australian Valve
Group Pty Ltd (ACN 068 227 270) (AVG) or Enware Pty Ltd (ACN 662
302 767) (Enware) (each of AVG and Enware, a Supplier) and installed
within Australia.
Subject to the terms and conditions outlined in this Warranty Statement,
each Supplier warrants to its customers that a product supplied by it
(Product) will be free from all defects in material and workmanship
under normal usage for the applicable Warranty Period (as set out in the
Warranty Table below). The Warranty Period commences from the date of
delivery of the relevant Product.
1. Conditions
The warranty provided under this Warranty Statement will not apply in
respect of a Product (or any Product defect, fault or resulting damage) if:
(a) the Product is not installed and maintained in accordance with the
requirements of the applicable laws, standards and codes (including,
without limitation to, the National Construction Code Volume Three
– Plumbing Code of Australia, associated reference standards as
applicable at the time and AS/NZS 3500);
(b) the Product is not installed and maintained by a qualified technician
in accordance with the relevant installation and operation manual and
instructions; and
(c) any Product defect, faulty or resulting damage arises from:
(i) failure by you or any other person to follow the relevant manual
or instructions (relating to the handling, storage, installation, fitting,
connection, adjustment, maintenance or repair of the Product)
published or provided by the Supplier;
(ii) failure by you or any other person responsible for the fitting,
installation, or other work on the Product to follow or conform to
applicable laws, standards and codes (including, without limitation to,
the AS/NZ 3500 set of Standards, all applicable State and Territory
Plumbing Codes, the Plumbing Code of Australia and directions and
requirements of local and other statutory authorities);
(iii) any parts or components not manufactured by the Supplier (or
otherwise not authorised by the Supplier) are installed or combined
with the Product, without the prior authorisation of the Supplier; or
(iv) any act or circumstance beyond our control including, without
limitation to, accident, abnormal use, vandalism, fouling caused by
foreign material, damage from adverse water conditions, chemical,
acts of God, damage to buildings, other structures and infrastructure
and loss or damage during transit or transportation of the Product,
or any abuse, misuse, misapplication, improper installation or
connection, or improper maintenance or alteration of the Product.
2. Make a claim
To make a claim under this Warranty Statement, you must notify the
relevant Supplier in writing within 7 days of any alleged defect in the
Product coming to your attention and provide the Supplier with proof of
your purchase of the Product to the relevant Supplier:
(a) If the Product is supplied by AVG, please contact AVG by telephone
at 1800 284 287, or by email via its online portal https://www.wattsau.
com.au/support.
(b) If the Product is supplied by Enware, please complete the Product
Service Request form (ENF091), which is available on request from
our office (see contact details below), or online via https://www.enware.
com.au/warranty-service-form/. All notifications and accompanying
forms must be sent to Enware marked for the attention of Enware, 9
Endeavour Road, Caringbah NSW 2229. Enware can also be contacted
by telephone (1300 369 273) or by email (info@enware.com.au).
On receipt of a notification from you of a claim under this Warranty
Statement, the relevant Supplier may contact you requesting you provide
reasonably additional evidence, information or details about your claim, or
requiring that the relevant Product should be returned to the Supplier (in
accordance with the Supplier's instructions) for inspection and testing.
Your failure to comply with any such request within a reasonable amount
of time may result in your claim under this Warranty Statement being
rejected.
- WATTS AUSTRALIA
3. Our responsibilities
(a) In the event that the Supplier is reasonably satisfied that there is a
defect in the relevant Product within the applicable Warranty Period,
the Supplier will, at its option, replace the Product, supply an equivalent
product or repair the Product, free of charge. Your costs in making a
warranty claim under this Warranty Statement, including any costs in
relation to freight, collection, delivery and installation, are to be borne
and paid by you. However, if in respect of a Product, it is indicated
in the Warranty Table that labour support will be provided, and the
Supplier is reasonably satisfied that a defect in the Product takes place
during the period that labour support will be provided as indicated in the
Warranty Table, the Supplier will bear the costs for delivery, repair and
installation of the replacement Product (as applicable).
(b) TO THE EXTENT PERMITTED BY LAW AND SUBJECT
TO PARAGRAPH 4 BELOW AND THE OPERATION OF THE
AUSTRALIAN CONSUMER LAW:
(i) THE WARRANTY SET OUT IN THIS WARRANTY STATEMENT
IS GIVEN EXPRESSLY AND IS THE ONLY WARRANTY GIVEN BY
THE SUPPLIER WITH RESPECT TO THE RELEVANT PRODUCT;
(ii) THE SUPPLIER MAKES NO OTHER WARRANTIES, EXPRESS
OR IMPLIED;
(iii) THE SUPPLIER HEREBY SPECIFICALLY DISCLAIMS ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE; AND
(iv) THE REMEDY DESCRIBED IN THIS WARRANTY STATEMENT
SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY
FOR BREACH OF WARRANTY, AND THE SUPPLIER SHALL
NOT BE RESPONSIBLE FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR THE COST
OF REPAIRING OR REPLACING OTHER PROPERTY WHICH IS
DAMAGED IF THE PRODUCT DOES NOT WORK PROPERLY.
4. Australian Consumer Law
This paragraph 4 applies if you are a 'Consumer' (as defined in section
3 of the Australian Consumer Law (ACL)) and the Product or services
supplied to you falls within the goods or services which, for the purposes
of the ACL, are of a kind ordinarily acquired for personal, domestic or
household use or consumption.
The Products and services provided by the Supplier come with
guarantees that cannot be excluded under the ACL, and noting in this
Warranty Statement should be interpreted as attempting to exclude,
restrict or modify such guarantees or your rights under the ACL. For major
failures with any services, you are entitled:
(c) to cancel your service contract with us; and
(d) to a refund for the unused portion, or to compensation for its
reduced value.
You are also entitled to choose a refund or replacement for major failures
with Products. If a failure with the Product or a service does not amount to
a major failure, you are entitled to have the failure rectified in a reasonable
time. If this is not done you are entitled to a refund for the Products and
to cancel the contract for the service and obtain a refund of any unused
portion. You are also entitled to be compensated for any other reasonably
foreseeable loss or damage from a failure in the Products or service'.
5. Warranty table
*the applicable period commences on the date of delivery of the Product.
PRODUCT GROUP PRODUCT SERIES
CODES
Safety ECE, EEE, ENB,
EFE, EL, ENBE,
EM
WARRANTY LABOUR SUPPORT
PERIOD (YEARS)* (YEARS)*
2 1