Product Warranty
1. Except as specifically set out herein, any term, condition or warranty in respect of
the quality, fitness for purpose, condition, description, assembly, manufacture,
design or performance of the Goods, whether implied by statute, common law,
trade usage, custom or otherwise, is hereby expressly excluded.
2. The Company warrants that all Goods manufactured or supplied by it will be free of
defects in workmanship and materials for a period of 12 months from the date of
commissioning but not exceeding eighteen (18) months from the date of invoice
to the
Customer provided that the Goods are installed according to the requirements of
AS/NZS3000:2018 Australian/New Zealand wiring rules.
3. Products manufactured and distributed by Pacific Ventilation are subject to routine
maintenance as set out in manuals supplied with the equipment. Failure to
maintain the equipment supplied according to the schedules and intervals outlined
may void the warranty. It is a requirement that adequate plant log book records be
kept to provide evidence of routine maintenance being conducted.
4. The Company is not liable for any indirect or consequential losses or expenses
suffered by the Customer or any third party, howsoever caused arising from the
supply of the Goods, including but not limited to loss of turnover, profits, business
or goodwill.
5. The Company will not be liable for any loss, damage or claim suffered by the
Customer where the Company has failed to meet any delivery date or cancels or
suspends the supply of Goods or for any Goods that display a “use by” date that
are sold or distributed by the Customer after that date.
6. Nothing in these terms and conditions is to be interpreted as excluding, restricting
or modifying or having the effect of excluding, restricting or modifying the
application of any State or Federal legislation applicable to the sale of Goods which
cannot be excluded, restricted or modified. If any of these terms and conditions is
inconsistent with State or Federal legislation, such terms and conditions must be
read down only to the extent necessary to comply with such legislation and will
otherwise apply to the fullest extent legally possible.
7. If the Customer is a “consumer” within the meaning of Schedule 2 of the
Competition and Consumer Act 2010 (Cth) and the Goods are not of a kind
ordinarily acquired for personal, domestic or household use or consumption, the
Company’s liability for a breach of a condition, warranty or guarantee (whether
express or implied) is limited to any one of the following as determined by the
Company:
7.1. the replacement of the Goods or the supply of equivalent Goods or in the
case of services, supply the services again or pay the costs of having the
services supplied again; or
7.2. the payment of the cost or replacement of the Goods or of acquiring
equivalent Goods.
8. The Customer acknowledges that neither the Company nor any person purporting
to act on its behalf has made any representation or given any promise or
undertaking which is not expressly set out in the Order or these terms and
conditions whether as to the fitness of the Goods for any particular purpose or any
other matter.
9. Where the Company is not the manufacturer, the Company relies on the
specifications and warranties supplied by the manufacturer.