THE KAISER BAAS Limited TWELVE (12) MONTH WARRANTY
In relation to your purchase of a Kaiser Baas Product (“Product”), in addition to any warranties/guarantees that cannot by law be excluded, Kaiser Baas warrants to you that subject to the conditions and exclusions below, Kaiser Baas will, at its option, repair or replace any Product which is defective and is returned to Kaiser Baas within twelve (12) months of the date of purchase (12 Month Warranty).
DETAILS OF WARRANTOR
The details of the Warrantor are as follows: Warrantor: Kaiser Baas Pty Ltd ABN: 55606759651 Business address: 2 Hobbs Court, Rowville, Victoria, Australia 3178 Phone: 03 81021240 Email: email@example.com
PROCEDURE FOR WARRANTY CLAIMS
- To make a warranty claim, you must:In the event of a defect please contact customer support at www.kaiserbaas.com/support who may then assist in determining your fault/claim.
- On receipt of the defective Product, proof of purchase and description of the Product’s defect/s, Kaiser Baas will assess the claim and notify you of the claim’s outcome.
- Any expense associated with making a claim under the 12 Month Warranty are to be borne by you.
- Contact Kaiser Baas customer support via the contact details shown above. Customer Support may then determine your fault/claim and issue you with a Return Authorisation Number.
- Deliver or send the defective Product to Kaiser Baas at its address shown above, together with proof of purchase in the form of a dated receipt or tax invoice, a Return Authorisation number and a description of the Product’s defect/s. It is your responsibility to ensure that in delivering the defective Product to Kaiser Baas, the Product is suitably packaged so that it is adequately protected against damage during transit.
- Prior to delivering the defective Product to Kaiser Baas, you should (if applicable), remove all files or data stored on the Product which you consider private or confidential. (4) On receipt of the defective Product, proof of purchase and description of the Product’s defect/s as required above, Kaiser Baas will assess the claim and notify you of the claim’s outcome.
- Any expense associated with making a claim under the Kaiser Baas twelve (12) Month Warranty are to be borne by you.
EXCLUSIONS FROM LIMITED TWELVE (TWELVE (12)) MONTH WARRANTY
The The Kaiser Baas twelve (12) Month Warranty does not apply if the Product:
- Is modified or tampered with;
- Is damaged by act of God, power surge, misuse, abuse, negligence, accident, mishandling, wear and tear, misapplication, or other causes unrelated to defective materials or workmanship;
- Is damaged by resealing error causing water leakage or any other resulting damage.
- Is damaged by programs, data, viruses or files, or during shipment;
- Is not used in accordance with the accompanying documentation and instructions;
- Is repaired, modified or altered by anyone other than Kaiser Baas;
- Is on-sold, assigned, transferred or leased to a third party.
It is a condition of the Kaiser Baas twelve (12) Mmonth Wwarranty that in making your claim:
- Kaiser Baas is not liable to you for any loss of your data or information stored on the Product resulting from the repair or replacement of the Product; and
- The repair or replacement of the Product is your exclusive remedy.
E. NO OTHER WARRANTIES & LIMITATION OF LIABILITY
- No information (oral or written) or statements made by Kaiser Baas, its agents or suppliers, or its or their employees are to be taken as amounting to a warranty or condition or expanding the scope of the Kaiser Baas twelve (12) Month Warranty, and if any such information or statements have been made they are hereby withdrawn.
- Subject to section (4) immediately below and the 12 Month Warranty referred to above, Kaiser Baas, its agents or suppliers, or its or their employees does not make any guarantee, condition or warranty as to materials, workmanship or performance of the Product.
- With the exception of Non Excludable Rights and the 12 Month Warranty referred to above, and notwithstanding any other provision, the liability of Kaiser Baas to you, whether arising under or in connection with these conditions or the performance or non-performance thereof or anything incidental thereto, and whether by way of indemnity, by statute (to the extent that it is possible to exclude such liability), in tort (for negligence or otherwise), or on any other basis in law or equity is hereby limited and excluded as follows:
- Kaiser Baas shall not have any liability whatsoever to you for any loss or claim of any kind in connection with these conditions, or any Product sold by Kaiser Baas; and
- the total aggregate liability of Kaiser Baas is at all times limited to the amount equal to the purchase price of the Product.
- If any Non Excludable Terms apply, then to the extent to which Kaiser Baas is entitled to do so, its liability under those Non Excludable Terms will be limited at its option to:
- the replacement of the Product or the supply of an equivalent product;
- the repair of the Product;
- the payment of the cost of replacing the Product or of acquiring an equivalent product; or
- the payment of the cost of having the Product repaired.
- In these conditions:
- Non Excludable Rights means rights under some jurisdictions or other rights you may have in relation to the supply of the Product that cannot lawfully be excluded by Kaiser Baas.
- The twelve (12) Month Kaiser Baas warranty referred to above is the only express warranty given to you, and subject to any applicable laws that cannot be excluded, is provided in lieu of all other express or implied warranties and conditions (if any) including any created by any other documents or packaging.
You may have the benefits of other rights and remedies pursuant to law in relation to your purchase of the Product in respect of which liability may not be excluded or restricted. The conditions of the Kaiser Baas twelve (12) Month Warranty referred to above are subject to, and do not affect, such other rights and remedies.
Our goods come with guarantees that cannot be excluded under some jurisdictions. You are entitled to a replacement or refund for a major failure and for 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.
SAFETY AND USE
You acknowledge and agree that:
- you have received adequate information regarding the Product to ensure its safe use, handling, assembly, installation and storage, which may include Kaiser Baas’ and/or the Manufacturer’s user guides or manuals applicable to the Product.
- the Product must be properly used, in accordance with any applicable laws, and instructions provided in any applicable user guides or manuals;
- the purchase and use of any Product sold by Kaiser Baas places the responsibility of use on the user of the Product and Kaiser Baas accepts no responsibility for inappropriate use; and
- all Products are used entirely at the user’s own risk and to the maximum extent permitted by law, Kaiser Baas accepts no liability for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from any party’s use (or misuse) of any Product.
Should any part of the 12 Month Warranty and these conditions be held to be void or unlawful, such part is to be read and enforced as if the void or unlawful part had been deleted.