1. Warranty
Anston Architectural Products (Anston) warrants that each of its products (each an Anston Product) is free from defects in workmanship and materials and meet the specification set out in the applicable product specification document, if any, or, where the Anston Product is made to the Purchaser’s order (Made to Order Product), the specifications set out in that order.
2. Term of Warranty
The warranty given under paragraph 1 (the Warranty) applies for a period of 12 months from the date of purchase of the Anston Product.
3. Notice
- To the greatest extent permitted by law and subject to the Warranty, Anston shall not be liable for any loss, damage, cost, injury, harm and expense of any kind (including without limitation, consequential loss) arising from the use or supply of the Anston Product by or to the purchaser of the product (Purchaser). The Purchaser agrees to exclude all warranties implied by law which may lawfully be excluded.
- Anston accepts to the extent set out in the clauses herein, liability for all warranties implied under the Australian Consumer Law (set out in Schedule 2 to the Australian Competition and Consumer Act 2010 (Cth)) or under any other legislation the effect of which cannot be lawfully excluded. All warranties and conditions that are capable of exclusion (save for those expressly contained in the clauses herein) are expressly excluded.
4. Exceptions and limitations to Warranty
- No claim under this Warranty will be accepted for slight discrepancies from specifications which are immaterial to the value and usability of the Anston Product.
- The Warranty does not apply where an Anston Product has been used in a way for which it was not designed or intended to be used.
- The Warranty does not apply where an Anston Product, including a Made to Order Product:
- Has been modified or changed since its purchase;
- Fails due to an accident, abuse, neglect, improper handling or installation or as a result of structural movement of settlement; or
- Has been subjected to the application of harmful chemicals or cleaners.
- The Purchaser agrees that, where Anston cannot readily discern from an order how the Purchaser intends to use a Made to Order Product, the Warranty will not apply if that product is not fit for the Purchaser’s intended use.
- The Warranty extends only to the original Purchaser and may not be transferred by the Purchaser to any other person.
5. How to claim under the Warranty
- To claim under the Warranty, the Purchaser must deliver, at its own cost, the Anston Product and proof of purchase to the point of purchase or to 38 Japaddy Street, Mordialloc Vic 3195, together with the following information:
- The date, place and name of the supplier from which the Anston Product was purchased;
- Details of the defect or failure in respect of which the claim under the Warranty is made; and
- To claim under the Warranty, the Purchaser must deliver, at its own cost, the Anston Product and proof of purchase to the point of purchase or to 38 Japaddy Street, Mordialloc Vic 3195, together with the following information:
- Written reasons why the Purchaser believes it is entitled to claim under the Warranty.
- If the Warranty does apply to the Anston Product and the subject of a claim and the defect or failure does not amount to a major failure for the purposes of the Australian Consumer Law, Anston will provide, at Anston’s option, a repair or replacement of, or refund of the purchase price paid for, the Anston Product. If the Anston Product is no longer available and cannot be repaired, Anston may, in its absolute discretion, replace the product with a substitute item.
- Anston shall (at its option, subject to clause 6) repair the Anston Product or replace the Anston Product with a comparable product. However if the Warranty does not apply, all reasonable costs and expenses relating to the processing of the claim under the Warranty shall be borne by the Purchaser.
6. Australian Consumer Law
- Anston Products 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.
- The benefits given to the Purchaser under this Warranty are in addition to other rights and remedies of the Purchaser under the Australian Consumer Law and other applicable laws.
- While this Warranty applies to the original Purchaser only, subsequent Purchasers may have rights under the Australian Consumer Law.
- The benefits to the purchaser given by this manufacturer’s Warranty are in addition to all rights and remedies conveyed by the Competition and Consumer Act 2010 (Commonwealth) and any other statutory rights to which the purchaser may already be entitled, and this Warranty does not exclude, restrict or modify any such rights or remedies implied by law.
7. No other express warranty applies
No other express warranty or representation has been made or will be made on behalf of Anston with respect to the Anston Products. No representative of Anston or its distributors or retailers are authorised to make any changes or modifications to this Warranty.