Warranty

Warranty Against Defects

In this Warranty:

We, us, or our means Vanguard Wireless Pty Ltd (ACN 169 681 805) and our contact details are set out at the end of this Warranty.

You, or your means the purchaser or the end-user of the Goods and/or Services.

Goods means the product or equipment (including any embedded firmware) supplied to you by us, pursuant to the Sales Terms.

Sales Terms means the terms and conditions associated with your respective order of the Goods and/or Services.

Services means services supplied by us pursuant to the Sales Terms.

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• to cancel your service contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

1. Warranty

1.1 We provide this Warranty to you in addition to any rights or remedies you have under the Australian Consumer Law or any other applicable law (Consumer Law Rights).

1.2 Subject to the terms of this Warranty, if during the first 12 months from the date of purchase of the Goods and Services from us (Warranty Period) the Goods and Services prove defective by reason of improper workmanship or materials, we will repair the Goods or resupply the Goods and Services or issue a full or partial refund to you with respect to any amount paid for the defective part (or all) of your Goods and Services. Your Consumer Law Rights may extend beyond the Warranty Period.

1.3 If any materials, parts or features required to facilitate any repair or replacement pursuant to clause 1.2 are unavailable or no longer in production, or your model of Goods is no longer available or in production, we will use our best endeavours to use appropriate equivalent materials, parts, features or an appropriate equivalent model.

2. Making a valid warranty claim

2.1 To claim the benefit of this Warranty, you must:

(a) notify us by email as soon as you become aware that the Goods and Services are defective and, in any event, within 14 days of when you become aware that the Goods and Services are defective with proof of purchase of your Goods and Services from us and a description and photographs of the claimed defect;
(b) allow us sufficient access to your site to inspect your Goods and Services;
(c) if we ask you to, you must return the Goods together with all packaging, parts, accessories and documentation to the contact details set out below; and
(d) provide any other information reasonably required by us to assess your claim.

2.2 Where you return the Goods as part of a Warranty claim under this clause 2.1, you will need to cover any associated costs of returning the Goods to us and where we find the Goods are covered by this Warranty, we will refund the associated costs of you returning the product to us.

2.3 Where we accept your claim under this Warranty, clause 1.2 will apply.

3. When this warranty does not apply

3.1 This Warranty does not cover any defect which is caused (or partly caused) or contributed to, by any:

(a) act or omission, accident, or negligence by you or any third party not engaged by us (including any third party installer of your Goods);
(b) failure on your part to follow any instructions or guidelines (including any manual) provided by us or the manufacturer in relation to your Goods or properly maintain your Goods in accordance with any of our instructions or guidelines (including any manual);
(c) use of your Goods and Services otherwise than for any application or use specified by us or the manufacturer, including failing to follow our instructions in relation to the use of the Goods or Services;
(d) continued use of your Goods and Services (where such use is not reasonable) after any defect in your Goods and Services becomes apparent or would have become apparent to a reasonably prudent person;
(e) incorporation or installation of other items into your Goods;
(f) failure by you to notify us of any defect in your Goods and Services within 14 days of when you become aware of or ought to have reasonably become aware of the relevant defect;
(g) reasonable wear and tear of your Goods;
(h) act of God or force majeure event (including but not limited to war, riot, invasion, act of terrorism, contamination, earthquake, flood, fire, or other natural disaster, or any other event or circumstance beyond our or the manufacturer’s reasonable control); or
(i) installation, repair, replacement, maintenance, altering, overhauling or other compromise of the Goods by you or any person other than us or the manufacturer.

3.2 Additional Expenses: Any works or services requested by you to be performed by us (including any work or services that are additional to repairs carried out by us pursuant to clause 1.2 and deemed by us to not be covered under this Warranty) may incur additional charges, which we will advise you of prior to commencing those additional work or services. We are under no obligation to perform any additional work or services that you may request.

4. General

4.1 This Warranty is only valid and enforceable in Australia and is governed by the laws of New South Wales.

4.2 Sales Terms prevails: This Warranty is subject to the Sales Terms and in the event of any inconsistency or ambiguity between this Warranty and the Sales Terms, the Sales Terms will prevail.

4.3 No third party reliance: The benefit of this Warranty is for you only, and no other person or third party can rely on or make a claim under this Warranty.

4.4 No assignment or transfer: This Warranty or the benefit under this Warranty cannot be assigned or transferred to any other person or third party.

4.5 Severance: If any provision of this Warranty is held to be void, invalid or illegal or unenforceable in any jurisdiction, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or part of that provision) will be severed from this Warranty without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Warranty.

Contact us for further details.