Shipman King Pty Ltd (ACN 006 667 812) ("Shipman King") of 109 McEwan Road, West Heidelberg, Victoria, 3081, provides the following warranty ("Warranty") in relation to the Shipman
King parts for below ground and above ground storage systems used in the petroleum and chemical industries ("Product").
For safety and use instructions, please refer to the user guide enclosed with the Product or see our website at www.shipmanking.com.au.
1.1 Shipman King warrants that, subject to the exclusions and limitations below, the Product will be free from defects in materials and workmanship under normal use and maintenance for a period of 12 months from the date of supply, unless otherwise specified ("Warranty Period"). The date of supply must be evidence by the original invoice. This Warranty applies to the original installation of the Product only.
1.2 If a defect appears in the Product before the end of the Warranty Period and Shipman King finds the Product to be defective in materials or workmanship, Shipman King will, in its sole discretion, either:
(a) replace the products or supply equivalent products;
(b) repair the products;
(c) pay the cost of replacing the products or of acquiring equivalent products;
(d) pay the cost of having the products repaired;
(e) re-supply the services; or
(f) pay the cost of having the services supplied again.
1.3 This Warranty is in addition to any warranties imposed by Australian State and Federal legislation that cannot be excluded. Nothing in this Warranty is to be interpreted as excluding, restricting or modifying any State or Federal legislation applicable to the supply of goods or services which cannot be excluded, restricted or modified.
2. WARRANTY CLAIMS
2.1 If a fault covered by the Warranty occurs, the purchaser must first contact Shipman King or an authorised Shipman King distributor.
2.2 Any Warranty claim must be accompanied by:
(a) proof of purchase;
(b) full details of the alleged defect; and
(c) if applicable, evidence of maintenance performed in accordance with the
relevant maintenance schedules.
2.3 The cost of delivery and insurance of the Product to and from Shipman King and the cost of testing the Product are the responsibility of the purchaser.
2.4 This Warranty is limited to defects in the materials or workmanship in the Product and does not cover expendable parts or the replacement of parts due to fair wear and tear.
3.1 The Warranty will not apply where:
(a) the Product has been on-sold or assigned by the original purchaser;
(b) the Product has been improperly modified or repaired or the Product's defect has arisen due to the purchaser's failure to properly install, fit, maintain, service or use the Product in accordance with the specifications and instructions provided by Shipman King, including a failure to comply with the relevant maintenance schedule (where applicable);
(c) Shipman King cannot establish any fault in the Product after testing;
(d) the Product has been used other than for the purpose for which it was designed;
(e) the Product has been subject to abnormal conditions, including but not limited to temperature, pressure, stress, load or similar;
(f) the purchaser or installer has used or fitted non-genuine or non-approved parts and accessories to the Product or has failed to use recommended parts and accessories;
(g) the Product's defect has arisen due to abuse, misuse, neglect or accident;
(h) the Product has not been installed in accordance with the relevant instructions; or
(i) the Product's defect has been caused by incorrect or insufficient lubrication.
3.2 If a Product (or part of a Product) is not manufactured by Shipman King, to the extent allowable by law, the warranty of the manufacturer of the Product (or part of the Product) is the only warranty given to the purchaser and the purchaser is deemed to have accepted the manufacturer's warranty.
3.3 The purchaser releases and forever discharges Shipman King from any claims or liability arising from any fault or defect in design of a Product, unless such design has been wholly prepared by Shipman King and Shipman King has specifically provided its prior written acceptance of liability for the design. The extent of Shipman King's liability for its design is limited to replacement of the defective or faulty Product or part.
4.1 Shipman King makes no warranties or representations about the Products other than those set out in this Warranty.
4.2 The repair or replacement of the Product or part of the Product, or a refund of the purchase price of the Product is the absolute limit of Shipman King's liability. Shipman King is not otherwise liable for or in connection with the Product's assembly, manufacture, design, supply or use, or the Product's description, quality, condition, performance, merchantability or fitness for purpose.
4.3 Shipman King will not be liable to the purchaser or any other person for any consequential, direct or indirect loss, damage or costs incurred or suffered by the purchaser or any other person, including but not limited to damage to persons, other property, loss of turnover, loss of profits, loss of business or goodwill.
4.4 Shipman King will not be liable to the purchaser or any other person for any costs associated with any testing or repair of the Product or any goods to which it is fitted undertaken by a third party in relation to any defect.
4.5 Shipman King will not be liable to the purchaser for labour or any other replacement or installation costs, or for any costs in relation to the removal or reinstallation of any Product, incurred in connection with this Warranty.
4.6 Shipman King will not be liable for damage or defects in any Product caused by improper transportation, storage or any other misuse, neglect or accident.
4.7 Shipman King is not responsible for the installation of the Product. Any fault or defect due to installation should be referred to the installer. The Products must be installed in accordance with Shipman King's instructions and with any relevant legislation or code.
4.8 The purchaser is responsible for inspecting the Product at Shipman King's premises prior to ordering, where applicable. Any description of the Product has been given by way of identification only and the use of such description does not constitute a contract of sale by description. Shipman King accepts no responsibility for any loss arising from any alleged incorrect description of the Products.