a.
b.
This Warranty and Limitation of Liability (or any more recent version in effect when you purchase a Kelco Product) ("Warranty”) applies to all Kelco Products
regardless of where you purchased the Kelco Products.
When you place an order, you are deemed to agree to the Warranty, unless otherwise agreed in writing with Kelco.
Kelco is located at 9/9 Powells Road, Brookvale, NSW 2100, AUSTRALIA and may be contacted by calling 61 2 99056425 or emailing:
sales@kelco.com.au
1. Definition
The following terms used herein are defined as follows:
(1) Australian Consumer Law or ACL: Schedule 2 to the Competition and Consumer Act 2010 (Cth).
(2) Brochures and Technical data sheets: Kelco brochures, including, without limitation, sales brochures and technical data sheets, whether or not
provided electronically.
(3) Customer Application: Any application of Kelco Products or component parts by a you including, but not limited to, embedding and/or using Kelco
Products in your parts/components, electronic substrates, devices, equipment and /or systems manufactured by customers.
(4) Non- Excludable Guarantee: a Consumer Guarantee applicable to these Warranty Terms under the Australian Consumer Law or New Zealand
Consumer Guarantee Act 1993.
(5) Fitness: (a) fitness for a particular purpose, (b) performance, (c) compliance with laws and regulations and (d) conformity to standards of a Kelco
Product.
(6) Kelco Products: flow switches, level switches and float switches, related products and electronic/mechanical components under the Kelco brand.
(7) ‘You’ or “Customer” means the purchaser of the Kelco Products not having purchased the Kelco Products for re-sale, and ‘your’ has a corresponding
meaning.
(8) Usage Conditions: Usage conditions, rating, performance, operating environment, handling instructions, warnings, restrictions on use, etc. of Kelco
Products described in the Brochures and technical data sheets.
2. Descriptions
You are deemed to accept the following terms and conditions regarding the descriptions provided of Kelco Products in the Brochures and technical data
sheets when you adopt or use a Kelco Product or component thereof.
(1) Rated values and performance values are based on average performance established from batch production runs and Kelco does NOT warrant any
rated values and performance values for multiple composite conditions.
(2) Reference data is provided for your reference only. Kelco does NOT warrant that Kelco Products work properly at all times or continuously as
provided in the reference data.
(3) Application examples ( if any) are provided for your reference only. Kelco does NOT warrant the Fitness of Kelco Products under such applications.
(4) Kelco may discontinue the production of Kelco Products or change their specifications for the purpose of improving such products or for other
reasons entirely at its own discretion and is under no obligation to notify you of any such change.
3. Precautions
You are deemed to accept the following terms and conditions when you purchase Kelco Products:
(1) You will use Kelco Products in compliance with Usage Conditions including rating and performance.
(2) You will confirm Fitness and use your own judgment to determine the appropriateness of using of Kelco Products in a Customer Application. Kelco
products are unlike conventional flow and level switches and pump controllers in that they can be applied to virtually any fluid or pumping system in any
manner defined by an original equipment manufacturer, a wholesaler or end user or their agents. The knowledge and experience of such parties is
outside the control of Kelco, and their having relevant knowledge and experience is critical to the successful application and operation of the Kelco
Products. Kelco does NOT warrant the Fitness of Kelco Products in a Customer Application.
(3) You will confirm that Kelco Products are properly wired and installed for their intended use in your overall system. In the case of Kelco pump
controllers, the flexibility of their operating system means it requires an extensive knowledge of pumps and their characteristics and the intended overall
goal of the system in order to select the correct functions and settings. Failure to understand the ramifications of incorrect settings may result in a
system that fails to perform to your expectations and or may even damage the pump or system itself. It is therefore critical that correct settings are used
to achieve a stable and reliable overall system and to provide any such system with appropriate pressure and or flow protection the pump controller is
intended to provide. Kelco does NOT warrant Kelco Products against defective installation, incorrect programming, incorrect wiring or
electrical overload in any form.
(4) When using Kelco Products, you will make sure to (i) maintain a margin of safety in relation to the published rated and performance values, (ii)
design to minimize risks to any Customer Application in case of failure of any Kelco Products, such as introducing redundancy i.e. critical systems
should include double redundancy of all controls, (iii) adopt system-wide safety measures to notify risks to users such as independent backup
protection. Such backup may consist of a simple or complex independent alarm system to alert an operator to any issue with the system, and (iv)
conduct regular maintenance on Kelco Products and the Customer Application.
(5) It will be your sole responsibility as user to determine and use adequate measures and checkpoints to satisfy your particular requirements for (i)
data input and output, (ii) maintaining a means for reconstruction of lost data, (iv) preventing Kelco Products installed thereon from being infected with
computer viruses and (v) protecting Kelco Products from unauthorized access. Kelco shall not be responsible and/or liable for any loss, damage,
or expenses directly or indirectly resulting from any third-party software or hardware not contained in the product as originally configured by
the manufacturer, the infection of Kelco products, or any computer equipment, computer programs, networks, databases or other proprietary
material connected thereto, by service attack, computer viruses, other technologically harmful material and/or unauthorized access.
(6) Kelco Products are designed and manufactured as general-purpose products for use in general industrial products. They are not intended to be used
in the applications described in subsection 3...(5)(a), (b), and (c). If you are using Kelco Products in the applications described below, Kelco does not
provide any warranty for such Kelco Products, except for specific applications where Kelco has specified that it intends to provide a
warranty or by separate written agreement between the customer and Kelco.
Applications with stringent safety requirements and applications that could cause physical injury to a person or result in loss of life.
Applications under severe conditions or in severe environment, including but not limited to outdoor equipment, equipment exposed to chemical
contamination, equipment exposed to electromagnetic interference and equipment exposed to vibration and shocks.
Thank you for purchasing Kelco Engineering Pty Ltd, (ABN 200 002 834 844) ("Kelco") products (Kelco Products). This document sets out
the terms and conditions of the product warranty and Limitation of Liability for Kelco Products. It is an important document. Please keep
it with your proof of purchase documents in a safe place for future reference should you need to lodge a claim.
Warranty and Limitation of Liability