LIMITED PRODUCT WARRANTY CONDITIONS
1. Subject to the terms and conditions outlined in this express warranty, Minelab Electronics Pty Ltd (ACN 008 208 446) (“Minelab”) warrants that its products (“Products”) will be free from defects in materials or workmanship for the periods specified in paragraph 2 (“Minelab’s Warranty”).
2. Subject to condition 12, Minelab’s Warranty periods in respect of each of the Products are detailed at http://www.minelab.com/warranty-periods (“Warranty Periods”). A printed copy of the Warranty Periods for the Products is available upon written request.
3. The Warranty Periods in respect of each of the Products will commence on the date of purchase of the relevant Product. To avoid doubt, such date will appear on the customer sales receipt obtained by the purchaser of the Product(s) at the time of purchase (“Date of Purchase”).
4. This warranty will not be effective unless:
4.1. the Warranty Registration Form is completed (either online or in hard copy) and returned to Minelab within 45 days of the Date of Purchase;
4.2. Minelab is notified in writing of any alleged defect within 30 calendar days of the Purchaser first becoming aware of the alleged defect. All notifications to Minelab must be sent to Minelab’s Australian, United States, Irish or Dubai address; and
4.3. after notifying Minelab of the alleged defect, the Purchaser complies with all reasonable directions issued by Minelab in relation to the assessment of the fault and the return and/or repair of the relevant Products (in accordance with clause 6).
5. To the maximum extent permitted by law this warranty:
5.1. is extended to the purchaser identified in the Warranty Registration Form (“Purchaser”) and is transferable to a legitimate subsequent owner residing within the country of the original purchase;
5.2. does not extend to any indirect or consequential loss or damage, including but not limited to indirect or consequential loss suffered as a result of a failure in the operation or performance of the Products sold, repaired or serviced;
5.3. does not cover any loss of income or expenses claimed or incurred as a result of failure of the Products;
5.4. does not cover damage caused by accident, misuse, negligent act or omission, alteration, modifications or unauthorised service by the Purchaser or any other party;
5.5. commences on the Date of Purchase and expires at the end of the relevant Warranty Period;
5.6. is limited to operation of the Products under normal use and in accordance with Minelab’s printed instructions; and
5.7. is limited to repair, replacement or service (at Minelab’s sole discretion) of any part or parts which are returned to Minelab or a Minelab Authorised Service Centre, and which on Minelab’s examination conclusively appears to be defective.
6. Purchasers must return any defective Products to one of Minelab’s Office addresses (see below) or a Minelab Authorised Service Centre (as listed on Minelab’s website www.minelab.com), as determined by the location of the Purchaser. The Purchaser is responsible for all freight, insurance, taxes, duties and any costs of returning the relevant Product to Minelab or a Minelab Authorised Service Centre. If it is determined that the Purchaser’s warranty claim is valid, the repaired or replaced Product will be returned to the Purchaser at Minelab’s cost. If the claim is determined by Minelab to be invalid, the Purchaser will be responsible for meeting the costs of having the relevant Product returned to it, together with the costs of repair/replacement of the Product by Minelab (if any).
7. Minelab’s Warranty is limited as set out above. Subject to all relevant laws in each jurisdiction within which the warranty operates, and clauses 8, 9 and 10 below, no other warranty, guarantee or representation as to the Products or their performance is made or given by Minelab.
8. The benefits conferred by this warranty are in addition to all other non-excludable warranties, conditions, guarantees, rights and remedies in respect of the Products that a warranty holder may have under the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“ACL”) and corresponding laws in each jurisdiction within which the warranty operates from time to time (“Non-Excludable Terms”).
9. To the extent permitted by law, Minelab’s liability for any Non-Excludable Term applicable under the ACL or equivalent laws is limited to (at Minelab’s option):
9.1. in the case of goods - replacement of the goods or the supply of equivalent goods, repair of the goods, payment of the cost of replacing the goods or acquiring equivalent goods, or payment of the costs of having the goods repaired; and
9.2. in the case of services - the supply of the services again or payment of the cost of having the services supplied again.
10. Minelab provides the following advice to all Purchasers who are consumers as defined by the ACL and to whom the ACL applies, as required by the ACL:
10.1. 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.
10.2. 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.
Please note that the term “major failure” as used in clause 10.1 has a defined meaning under the ACL.
11. Minelab advises Purchasers that any servicing or repair of the Products undertaken by Minelab or a Minelab Authorised Service Centre, regardless of whether undertaken as a result of a valid claim being made by a Purchaser under Minelab’s Warranty, may result in the loss of data stored on the Products (user-generated data).
12. If any provision of this document is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this document or affecting the validity or enforceability of that provision in any other jurisdiction.
13. Minelab branded products that are manufactured, assembled, and distributed by authorised partners of Minelab carry specific warranty periods from the original manufacturer which are passed on in full by Minelab to end users. For the avoidance of doubt, this provision does not apply to Minelab products manufactured by Minelab’s contract manufacturers which Minelab warrants for specified periods directly to end users.