FAB Dock Pty Ltd (“FAB Dock”) warrants that, solely on the terms and conditions set out below, it will repair or replace any defective, damaged or faulty FAB Product or Equipment/Accessory (“Product”) or part thereof without charge to the original purchaser of the Product.
The warranty periods are as follows:
- 3 year Limited Warranty on all FAB Dock Products– Strictly private use only
- 18 month Limited Warranty on all FAB Dock Products– Commercial Use
- 12 month Limited Warranty on all FAB Dock Equipment/Accessories– All Use
The Product must be purchased directly from FAB Dock or an authorised FAB Dock dealer (“Us”). This warranty covers defects, damage or faults in fabric, bonded components, workmanship, seams of the tubes, inflation valves and the polyurethane coated fabric of the tubes in respect of your Product subject to the terms herein. The warranty service must be performed by a dealer or sales service centre authorised by FAB Dock to sell and/or service the Product (the “authorised dealer”). Any entitlement, including the warranty service not secured within the relevant warranty period, is forfeited by you upon the expiry of the relevant warranty period. The warranty period commences on the date of original purchase of the Product. This warranty is not transferable or assignable. All work conducted outside of this warranty is chargeable by us. FAB Dock Pty Ltd ACN 150 153 825 Head Office: 30/340 Hope Island Road, Hope Island Qld 4212 1800 FAB Dock (1800 322 362) www.fabdock.com
This warranty applies so long as the fault, defect or damage to the Product or your boat or vessel does not arise, either during or after the warranty period, directly or indirectly from any of the following:(a) the improper adjustment, calibration or operation by the purchaser; (b) the use of accessories including consumables, hardware, or software which were not manufactured or approved in writing by FAB Dock; (c) any contamination or leakages caused by or induced by the purchaser; (d) any alteration, modification, installation, uninstallation, dismantling or reinstallation of your Product by any person other than Us or in ways not approved by FAB Dock in writing; (e) any acts, omissions or damage that occurs during the storage, transportation, alteration, modification, installation, uninstalling, dismantling or re-installation of your Product, where the damage is not caused by Us; (f) any accident, misuse or abuse of your Product; (g) any use or operation of your Product outside the physical, electrical or environment specifications of the Product; (h) inadequate or incorrect site preparation; (i) inadequate or improper maintenance of the Product; (j) negligent acts or omissions of any person, (k) liquid or chemical penetration including water osmosis and osmosis blistering; (l) electrolysis or corrosion; (m) exposure to excessive heat or cold or the weather; (n) collision or crash; (o) failure to follow operating instructions; (p) damage incurred by entering or exiting the dock in a manner not specified within our policy; (q) drying out mooring; (r) normal fair wear and tear; (s) staining, discolouration, stickiness, fading or chaffing; and/or (t) failure of any Equipment/Accessory or any other item or addition used in conjunction with your Product. The purchaser will be responsible for service calls and/or transportation of the Product to and from Us or the authorised dealer’s place of business. The purchaser will also be responsible for any premium charged for overtime labour requested by the purchaser and/ or for any service and/or maintenance not directly related to any defect covered under this warranty. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (“ACL”). 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.
4. SECURING WARRANTY SERVICE
To secure the warranty service the original purchaser must; (a) report the Product defect together with photographic evidence of the defect to FAB Dock or an authorised dealer and request warranty service within the applicable warranty period; (b) present your original purchase receipt and tax invoice for your product issued by FAB Dock or the authorised dealer which sold the Product to you together with your photo identification; (c) ensure the serial number on the Product is not removed, defaced, changed, or tampered with in any way; (d) make the Product available to an authorised dealer or service centre within a reasonable period of time; (e) obtain approval in writing from FAB Dock before any warranty work is performed.
5. REPLACEMENT TERMS
If in our sole discretion, we decide to replace your Product, we will replace your Product with a like for like product that is the nearest equivalent to your Product as determined by Us. If we replace your Product, we will take into account features, quality, the residual value of the Product having regard to its otherwise useful life and specifications of the original item as well as availability of the technology. The value of the replacement product, including any freight costs associated with replacement, shall not exceed the original purchase price you paid for your Product. Due to changes in product technology and availability, the replacement product we supply may have a lower selling price. Replacement price differences, if any, will not be refunded. Our obligations are limited to your Product and do not extend to any replacement of your Product. For the avoidance of doubt this warranty only extends to your Product and no other. If: (a) your Product is replaced under this warranty, then (b) your acceptance shall constitute fulfilment and discharge of our obligations under this warranty; (c) we will owe no further obligations to you under this warranty to the extent permitted at law; and (d) your Product will become our property and will need to be delivered to Us prior to your replacement, unless we advise in writing otherwise.
6. NO IMPLIED WARRANTY, REPRESENTATION OR CONDITION
To the extent permitted by law under the Australian Consumer Law or other Statute, neither FAB Dock nor any company affiliated with it makes any warranty, representation, condition or promise, express or implied, verbal or otherwise, as to the quality, performance merchantability or suitability for any application or freedom from defect of the Product. No implied or statutory conditions or warranties of merchantability or fitness (whether pursuant to the Sale of Goods Act or any other statute of any province or otherwise) are made.
In the event that any part of this warranty be acknowledged by the parties, or be adjudged by a Court or be held or rendered by any competent Government authority to be invalid, illegal or unenforceable, such part will be severed from the remainder of this warranty and will be deemed never to have been part of it and the remainder of it will subsist and remain in full force and effect unless the basic purposes of it would be defeated.
8. EXCLUSIVE REMEDY
To the extent permitted by law, the purchaser’s exclusive remedy in connection with the breach or performance of any warranty on the Product are those set forth in this warranty. In no event will Us or any company or individual affiliated with FAB Dock, be liable for any incidental or consequential damages or injuries, including but not limited to, loss of profits, rental of substitute equipment, other commercial or personal loss or damages arising as a result of a fundamental breach or breach of a fundamental term of this warranty the terms and conditions or use of the product. The exclusions, indemnities, representations, severance and remedy terms and conditions above apply regardless of whether the warranty is activated and are accepted by the purchaser as a term and condition of purchase of the Product.
FAB Dock may amend this Policy from time to time | Date: July 2018