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Sydney 02 8708 4400
Victoria
Melbourne 03 8773 5300
Queensland
Brisbane 07 3442 6200
Western Austalia
Perth 02 8708 4400 www.acprod.com.au
ACP | February 2017 | Page 6
Product & Installation Manual: Sentryline III Non-Release Terminal End
Limited Warranty
Australian Construction Products (ACP) has
tested the impact performance of its barrier
systems and crash cushion systems, and other
highway safety hardware under controlled
conditions, however, ACP does not represent
nor warrant that the results of those controlled
conditions would necessarily avoid injury to
persons or property.
ACP EXPRESSLY DISCLAIMS ANY
WARRANTY OR LIABILITY FOR CLAIMS
ARISING BY REASONS OF DEATH OR
PERSONAL INJURY OR DAMAGE TO
PROPERTY RESULTING FROM ANY IMPACT,
COLLISION OR HARMFUL CONTACT WITH
THE PRODUCTS OR NEARBY HAZARDS OR
OBJECTS BY ANY VEHICLE, OBJECTS OR
PERSONS.
ACP warrants that any product or component
part manufactured by ACP will be free from
defects in material or workmanship. ACP will
replace free of cost any product or component
part manufactured by ACP that contains such a
defect.
THE FOREGOING WARRANTY IS IN
LIEU OF AND EXCLUDES ALL OTHER
WARRANTIES NOT EXPRESSLY SET
FORTH HEREIN, WHETHER EXPRESS
OR IMPLIED BY OPERATION OF LAW
OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. ACP’S LIABILITY
UNDER THIS WARRANTY IS EXPRESSLY
LIMITED TO REPLACEMENT FREE OF
COST OF PARTS SUPPLIED BY ACP ONLY
(IN THE FORM AND UNDER THE TERMS
ORIGINALLY SHIPPED), OR TO REPAIR OR
TO MANUFACTURE BY ACP, PRODUCTS
OR PARTS NOT COMPLYING WITH ACP
SPECIFICATIONS, OR, AT ACP’S ELECTION,
TO THE REPAYMENT OF AN AMOUNT
EQUAL TO THE PURCHASE PRICE OF
SUCH PRODUCTS OR PARTS, WHETHER
SUCH CLAIMS ARE FOR BREACH OF
WARRANTY OR NEGLIGENCE. ACP SHALL
NOT BE LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL OR SPECIAL LOSSES,
DAMAGES OR EXPENSES OF ANY KIND,
INCLUDING, WITHOUT LIMITATION, ANY
SUCH LOSSES, DAMAGES OR EXPENSES
ARISING DIRECTLY OR INDIRECTLY FROM
THE SALE, HANDLING OR USE OF THE
PRODUCTS FROM ANY OTHER CAUSE
RELATING THERETO, OR FROM PERSONAL
INJURY OR LOSS OF PROFIT.
Any claim by the Buyer with reference to
Products sold hereunder for any cause shall
be deemed waived by the Buyer unless ACP is
notied in writing, in the case of defects apparent
on visual inspection, within ninety (90) days from
the delivery date, or, in the case of defects not
apparent on visual inspection, within twelve (12)
months from the said delivery date. Products
claimed to be defective may be returned prepaid
to ACP’s plant for inspection in accordance with
return shipping instructions that ACP shall furnish
to the Buyer forthwith upon receipt of the Buyer’s
notice of claim. If the claim is established, ACP
will reimburse that Buyer for all carriage costs
incurred hereunder.
The forgoing warranty benets shall not apply
to (i) any Products that have been subject
to improper storage, accident, misuse or
unauthorised alterations, or that have not
been installed, operated and maintained in
accordance with approved procedures and (ii)
any components manufactured by the Buyer.
