WARRANTY AGAINST DEFECTS
This Warranty is between AP&AM Lorimer Pty Ltd t/as
AP&AM Lorimer Pty Ltd t/as diysecuritycameras provides to you this limited Warranty against Defects in your Goods.
If you have any questions or concerns about the terms of this Warranty, or if you would like to make a claim under this Warranty, please don’t hesitate to contact us – we are always happy to assist.
Name: AP&AM Lorimer Pty Ltd T/A
Address: DIY SECURITY CAMERAS
PO Box 321 PENDLE HILL NSW 2145
1 YOUR RIGHTS AT LAW
1.1 The benefits given to you under this Warranty are in addition
1.2 Consumer guarantees (under the Australian Consumer Law) have no set time limit but generally last for an amount of time that is reasonable to expect, given factors such as the cost and quality of the Goods or any representations made.
1.3 Mandatory wording: 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.
2 WARRANTY PERIOD
2.1 Subject to the terms of this Warranty, and without limiting your statutory rights, your entitlement under this Warranty will commence from the date of delivery under the Sales Terms of Trade and will continue to operate for a period of:
(a) 1 year, for the Specific Goods (see definition in clause 7); and
(b) 3 years, for all other Goods,
2.2 This Warranty only sets out the Warranty Period within which we will offer you a refund, replacement or repair. Your rights under the ACL may extend beyond the Warranty Period.
3 WHAT WE WILL DO TO HONOUR THIS WARRANTY
3.1 Subject to the terms of this Warranty (including you making a valid claim pursuant to clause 5), and without limiting your statutory rights, we will use our best endeavours to remedy any Defect in your Goods during the Warranty Period at our cost.
3.2 We may, in our discretion, elect to:
(a) repair or replace your Goods; or
(b) to issue a full or partial refund to you with respect to any amount paid,
for the Defective part (or all) of your Goods, which, to the maximum extent permitted by law, will be your sole and exclusive remedy in relation to the Defect. Again, this clause does not seek in any way to limit your statutory rights, including under the ACL.
3.3 If any parts or features required to facilitate any repair or replacement pursuant to clause 3.2 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 parts, features or model.
4 WHEN THIS WARRANTY APPLIES AND WHEN IT DOES NOT
4.1 Subject to the terms of this Warranty, your Goods are warranted by us to be free from Defects for the duration of the Warranty Period.
4.2 We set out below the circumstances where we will not be liable to you under this Warranty. Again, clause 4.3 does not seek in any way to limit your statutory rights, including under the ACL.
4.3 To the maximum extent permitted by law, this Warranty does not cover, and we will have no Liability, and you waive and release us from any Liability (under this Warranty or otherwise), in relation to 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 properly maintain your Goods in accordance with any of our, or the Manufacturer instructions or guidelines (including any manual);
(c) failure on your part to follow any instructions or guidelines (including any manual) provided by us or the Manufacturer in relation to your Goods;
(d) use of your Goods otherwise than for any application or use specified by us or the Manufacturer;
(e) continued use of your Goods (where such use is not reasonable) after any Defect in your Goods becomes apparent or would have become apparent to a reasonably prudent person;
(f) incorporation or installation of your Goods or any fixtures or other items into your Goods;
(g) failure by you to notify us of any Defect in your Goods within a reasonable period of time after you become aware of or ought to have reasonably become aware of the relevant Defect
(h) reasonable wear and tear of your Goods;
(i) 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
(j) installation, repair, replacement, maintenance, or otherwise compromise of the Goods by you or any person other than us or the Manufacturer.
4.4 To the maximum extent permitted by law, this Warranty will be void, we will have no Liability, and you waive and release us from any Liability, whether under this Warranty or otherwise, if any work or services carried out by us (including repair work or services) are altered, tampered with, overhauled, or otherwise compromised by you or any person other than us or the Manufacturer, without our prior written consent.
4.5 We will have no Liability, and you waive and release us from any Liability, for any delays (including any costs arising out of any delays) in providing any work or services (including repairs or arranging replacements) under this Warranty, or in assessing any claim made by you under or in relation to this Warranty.
4.6 Additional Expenses: Any services requested by you to be performed by us (including any services that are additional to repairs carried out by us pursuant to clause 3) 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 services that you may request.
5 MAKING A VALID WARRANTY CLAIM
5.1 To claim the benefit of this Warranty, you must:
(a) notify us by email or via our Site as soon as you become aware of the Defect, and in any event, within 14 days of when you become aware of the Defect;
(b) allow us sufficient access to your property or the place where the Goods are located to inspect your Goods and to diagnose whether we believe there may be a Defect in the Goods;
(c) if we believe there may be a Defect in the Goods and we ask you to, you must return to return the Goods together with all packaging, parts, accessories, documentation and proof of purchase to the contact details set out above;
(d) provide any other information reasonably required by us and/or the Manufacturer to assess your claim under this Warranty; and
(e) provide evidence of proof of purchase of your Goods from us, upon request.
5.2 Where you return the Goods as part of Warranty claim under this clause 5.1, you will need to cover any associated costs of you returning the Goods to us.
5.3 Subject to your satisfaction of the requirements in clause 5.1, we will notify you of our determination as to whether your claim is valid under this Warranty, and if so, clause 3 will apply. To the maximum extent permitted by law, any determination we make under this clause 5.3 will be final and binding. You agree that if our Manufacturer determines that there is no Defect in the Goods or otherwise rejects your claim, we reserve the right to reject your claim under this Warranty.
6.1 Sales Terms and Conditions prevail: This Warranty is subject to the Sales Terms and Conditions and in the event of any inconsistency or ambiguity between this Warranty and the Sales Terms and Conditions, the Sales Terms and Conditions will prevail.
6.2 Limitation of Liability: To the maximum extent permitted by law, our Liability under this Warranty will be limited and/or excluded in accordance with any limitation or exclusion of Liability set out in the Sales Terms and Conditions.
6.3 Consequential Loss: Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability to you for any Consequential Loss.
6.4 Jurisdiction and applicable Law: This Warranty is governed by the laws of New South Wales and the Commonwealth of Australia. Each party to this Warranty irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales.
6.5 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.
6.6 No Assignment or Transfer: This Warranty or the benefit under this Warranty cannot be assigned or transferred to any other person or third party.
6.7 Severance: If any provision (or part of it) under this Warranty is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under this Warranty cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from this Warranty and the remaining provisions (and remaining part of the provision) of this Warranty are valid and enforceable.
In this Warranty, capitalised terms have the meanings given to them in the Sales Terms and Conditions, and:
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Defect means any non-compliance of the Goods with the requirements of our the Sales Terms and Conditions as a result of our default, and Defective has a corresponding meaning;
Manufacturer means the manufacturer of your
Sales Terms and Conditions means our Sales Terms and Conditions, which you have accepted in relation to the Goods.
Site means our website at https://diysecuritycameras.com.au.
Specific Goods means the following goods or “products” supplied by us to you pursuant to the Sales Terms and Conditions:
(b) power adaptors;
(d) storage (i.e., disk drives);
(f) HDMI extenders;
(g) IR illuminators; and