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1. Evocare provides consumers with the following warranty in relation to this Product, in addition to complying with the
requirements of any relevant legislation, including the Competition and Consumer Act2010 (Cth) in Australia and the
Consumer Guarantees Act 1993 in New Zealand (the Acts), except where a New Zealand consumer acquires the Product
for the purposes of a business.
2. In this warranty, we have used the following definitions:
(a) Form means a warranty claim form issued by Evocare in respect of Products;
(b) Evocare or our means Evocare Australia Pty Limited, ABN 98 078 566 604 of Level 19, 144 Edward Street,
Brisbane 4000;
(c) Products means the goods manufactured for Evocare (including products manufactured by its contract
manufacturers);
(d) Material means a material or component used by Evocare in the manufacture of the Products;
(e) Retailer means the authorised dealer of Products from whom the Product was purchased;
(f) Warranty Period means the warranty period commencing from the date of purchase of the relevant Product. If the
Product or part (as the case may be) is repaired or replaced, there will be no extension to the original warranty period;
and
(g) Workmanship means the handling, assembly and manufacturing processes performed by or on behalf of Evocare in
order to manufacture the Products.
3. Evocare warrants that for the duration of the Warranty Period, all Products will be free of faults arising from defects in
Workmanship or Materials, on the terms and conditions set out in this warranty.
4. Evocare undertakes that if during the Warranty Period any Product, or any part of a Product, has failed to operate
correctly due to faulty Workmanship or defective Material, it will repair or replace the Product or part (as the case may
be) free of charge provided that the following procedures are met :
(a) The consumer must contact the Retailer or Evocare upon becoming aware of any defect to a Product upon which the
consumer will be required to complete a Form and provide satisfactory proof of purchase.
(b) Evocare will review the Form to determine whether there is a defect, and if so Evocare agrees to (at its option) repair,
replace or supply equivalent goods, or pay the cost of any of those remedies to the consumer.
(c) If Evocare requests the return of the applicable Product or part, the consumer will be responsible for the collection
and freight costs of returning that Product or part to Evocare.
(d) The consumer acknowledges that it is also responsible for the freight costs to deliver any new Product or replacement
part to it.
5. This warranty is in addition to any non-excludable legal rights or remedies conferred on the consumer under any
applicable Act and any similar laws. To the extent permitted by law, Evocare's liability for any non-excludable condition
or warranty is limited to rectifying any defect at its option, as set out in paragraph 4(b).
6. Subject to the requirements of any applicable Act or legislation and to the extent permitted by law, no liability
(whether expressed or implied) of any nature whatsoever, is accepted by Evocare for any consequential loss, damage or
injury arising as a result of any fault in the Products.
7. This warranty does not extend to damage to Products which occurs during transit or transportation, or which is caused
by any abuse, accident or improper installation, connection, use, adjustment or repair or use of goods otherwise than in
accordance with instructions issued by Evocare.
8. The warranty on Products is waived if any addition or attachment to the Products do not have Evocare's approval or
are not sold as Evocare products. The Products are designed to perform specific tasks under established test loads and
unauthorised attachments may produce stresses for which the design is not appropriate.
9. The following applies to consumers who purchased a relevant Product in Australia:
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a
replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You
are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does
not amount to a major failure.