Garanzia e limitazione di responsabilità

1. DEFINITIONS

(1)ACL means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

(2)Data Sheet means Kelco’s published technical data sheet and installation sheet for the relevant Kelco Product, current at the date of purchase.

(3)Kelco Products means flow switches, level switches, float switches, trailing wire switches, pump controllers and related products, components and accessories supplied under the Kelco brand.

(4)Usage Conditions means the ratings, operating limits (including temperature, pressure, flow and electrical ratings), chemical compatibility of wetted materials, installation instructions and warnings stated in the Data Sheet.

(5)you and your means the person who acquired the Kelco Product, whether as an end user, an equipment manufacturer who incorporates it into their own equipment, or a later owner of that equipment during the Warranty Period.

2. WHAT WE WARRANT

Kelco warrants that each new Kelco Product will be free from defects in materials and workmanship, and will perform materially in accordance with its Data Sheet when installed and used in accordance with the Usage Conditions, for a period of 12 months from the date of purchase from Kelco or a Kelco authorised distributor (“Warranty Period”). If you cannot provide proof of purchase, we will work out the purchase date reasonably, including from the date code on the product.

This Warranty applies to Kelco Products wherever purchased. Kelco Products are designed for demanding environments. Outdoor installation, immersion, and exposure to chemicals or vibration are covered, provided the Kelco Product is used within the Usage Conditions.

3. WHAT WE WILL DO

If a Kelco Product fails during the Warranty Period because of a defect covered by this Warranty, Kelco will, at its option, repair the product, replace it with the same or an equivalent product, or, if repair or replacement is not reasonably practicable, refund the price you paid. We will do this free of charge for parts and labour.

Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.

Repair of the goods may result in loss of any user-generated data. For pump controllers, please record your settings before returning the product.

A repaired or replacement Kelco Product is covered by this Warranty for the balance of the original Warranty Period.

4. WHAT THIS WARRANTY DOES NOT COVER

This Warranty does not cover a failure to the extent it is caused by:

(a)installation, wiring or programming that is not in accordance with the Data Sheet, or electrical installation by a person not appropriately licensed;

(b)use outside the Usage Conditions, including in process media that are not compatible with the wetted materials listed in the Data Sheet, or in hydrocarbons other than diesel unless the Data Sheet states that the product is suitable;

(c)electrical faults external to the Kelco Product, including lightning, power surges and spikes, or a supply outside the product’s rated voltage, current or waveform;

(d)accident, misuse, neglect, physical damage (including over-tightening of threads or fittings), fire, flood or other external events;

(e)modification, or repair by anyone other than Kelco or a Kelco authorised distributor; or

(f)normal wear of parts that wear in service, such as erosion of paddles or floats by abrasive media, to the extent the wear is consistent with the conditions of use.

These exclusions apply only to this voluntary Warranty. They do not limit your rights under the ACL or other law.

5. PRODUCT SELECTION AND SAFETY

(1)You are responsible for selecting a Kelco Product that suits your application, including checking that its wetted materials are compatible with your process media, and that its ratings suit your temperature, pressure, flow and electrical supply. Any advice, recommendation or chemical compatibility information Kelco provides is given in good faith on the basis of the information you give us and generally available published data. Compatibility can be affected by concentration, temperature and mixtures, so please verify suitability before use, including by trial where appropriate.

(2)Pump controllers offer many functions and settings. Incorrect settings can cause a system to perform poorly or damage a pump. Settings should be selected by a person with appropriate knowledge of the pump and system.

(3)As with any switch or controller, a Kelco Product can fail. Where failure could cause injury, loss of life, or significant property or environmental damage, you should design your system so that a Kelco Product is not the sole means of protection, for example by fitting an independent backup switch or alarm, and you should maintain and test the system regularly.

(4)Kelco may improve or change the design or specifications of Kelco Products from time to time. Changes apply to future production and do not reduce this Warranty for products already purchased.

6. HOW TO MAKE A CLAIM

(1)Contact Kelco, or the authorised distributor you bought from, by phone on +61 2 9905 6425 or by email to [email protected], as soon as reasonably practicable after you become aware of the problem and within the Warranty Period.

(2)Please provide: proof of purchase (or the product’s date code); the product code; a description of the fault; details of the application (including process media, temperature, pressure and electrical supply); and your name, phone number, email and address.

(3)If we need to inspect the product, we will give you a Return Goods Authorisation (RGA) number and return instructions. Please do not send products without an RGA number.

7. COSTS OF MAKING A CLAIM

(1)Under this Warranty, you are responsible for the cost of sending the product to Kelco, and Kelco will pay the cost of returning the repaired or replacement product to you within Australia or New Zealand. Products are at Kelco’s risk while in Kelco’s possession and while being returned to you by Kelco.

(2)The costs of removing and reinstalling a product are not covered by this Warranty.

(3)If the failure is one for which you have a remedy under the consumer guarantees, you may be entitled to recover your reasonable costs of returning the product, and other reasonably foreseeable loss, under the ACL.

(4)If we find that the product is not faulty, or that the failure is not covered by this Warranty or the consumer guarantees, we will tell you and will return the product at your cost. We will tell you before you incur any inspection or other charge, and any charge will reflect only our reasonable costs.

8. LIMITATION OF LIABILITY

(1)Subject always to the rights described at the start of this Warranty, and to the extent permitted by law, Kelco gives no warranty other than as set out in this document.

(2)Where a Kelco Product is not of a kind ordinarily acquired for personal, domestic or household use or consumption, Kelco’s liability for a failure to comply with a consumer guarantee (other than a guarantee under sections 51, 52 or 53 of the ACL) is limited, to the extent permitted by section 64A of the ACL, to replacing or repairing the product, supplying an equivalent product, or paying the cost of doing so.

(3)To the extent permitted by law, and except where liability cannot be limited under the ACL, Kelco is not liable for any loss of profit, revenue, production or business opportunity, or any indirect or consequential loss, arising out of a defect in a Kelco Product, and Kelco’s total liability in respect of a Kelco Product is limited to the price paid for it. This does not limit Kelco’s liability for death or personal injury caused by its negligence.

9. NEW ZEALAND

If you acquire a Kelco Product in New Zealand as a consumer, you have rights under the Consumer Guarantees Act 1993 (NZ) and the Fair Trading Act 1986 (NZ) that cannot be excluded. If you acquire a Kelco Product in New Zealand in trade for the purposes of a business, the parties agree that, to the extent permitted by section 43(2A) of the Consumer Guarantees Act 1993, that Act does not apply. This Warranty applies in addition to any such rights.

10. PRIVACY

Kelco uses the personal information you provide with a claim to assess and process the claim. We may share it with the authorised distributor you bought from and with freight carriers for that purpose.

11. EXPORT CONTROLS

If you export Kelco Products or technical documents, you must comply with the export and import control laws of Australia and any other relevant country.

12. VERSION

This Warranty applies to Kelco Products purchased on or after its date of publication and replaces all previous versions. For products purchased earlier, you may rely on this version or the version in effect at the date of purchase, whichever is more favourable to you. This Warranty is governed by the laws of New South Wales, Australia.