1. Due care and skill
Stoke Foiling warrants that the Product will be manufactured and supplied with due care and skill.
2. Warranty period
If CUSTOMER notifies Stoke Foiling of a defect in the Product within 12 months of the Payment Date (the “Warranty Period”), and if Stoke Foiling accepts the validity of the claim, will at its discretion repair or replace the Product.
3. Warranty exclusions
Stoke Foiling is not required to repair or replace a malfunctioning or damaged Product if the defect is attributable to:
(a) normal wear and tear;
(b) mistreatment or negligence;
(c) third party acts or omissions, including maintenance, repairs or modifications;
(d) use of unauthorised accessories in conjunction with the Product; or
(e) use of the Product for purposes other than those for which it is designed.
(a) normal wear and tear;
(b) mistreatment, accidental damage or negligence, including (i)transport, handling, inappropriate storage or exposure to extreme climatic conditions, (ii) failure to maintain and care for the Product in accordance with any operating instructions provided by eTheory; (iii) use in an environment suffering from interference from other wireless devices or electromagnetic interference, (iv) damage attributable to user error, use in unsafe conditions (including inclement weather) or (v) continued use after a report of a warranty issue or after a warranty issue should reasonably have been identified by CUSTOMER;
(c) damage attributable to non-recreational use;
(d) third party acts or omissions, including maintenance, repairs or modifications;
(e) damage caused by improper installation or set-up
(f) damage caused to the Product, or to the foil or board, in the course of installation of the Product;
(g) damage caused by an unauthorised service provider;
(h) damage attributable to a Force Majeure Event;
(i) use of unauthorised accessories in conjunction with the Product, including cleaning products not specifically approved by eTheory; or
(j) use of the Product for purposes other than those for which it is designed.
4. Non-excludable consumer guarantees
Notwithstanding and in addition to clause 2, the Product may come with guarantees that cannot be excluded under the Australian Consumer Law. CUSTOMER is entitled in such circumstances to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. CUSTOMER is also entitled to have the Product repaired or replaced if it fails to be of acceptable quality and the failure does not amount to a major failure.
5. Limited liability for consumer guarantees
Subject to clause 4, Stoke Foiling provides no warranty nor does it accept any liability in relation to the effectiveness of the Product in meeting CUSTOMER’s expectations. Notwithstanding the foregoing, in the event that the Product is subject to consumer guarantees implied by the Australian Consumer Law, the liability of Stoke Foiling for a breach of such a guarantee will at Stoke Foiling’s discretion be limited to resupply of the Product or meeting the cost of having the Product resupplied.
6. CUSTOMER Acknowledgement
CUSTOMER acknowledges that:
(a) use of the Product is not and cannot be free from the risk of injury or death;
(b) the Product must at all times be used in conformity with Product instructions, user guides, specification and other materials made available to CUSTOMER either in hard copy or online;
(c) CUSTOMER is responsible for procuring any licence, approval or authorisation for its use of the Product;
(d) CUSTOMER waives any legal right of action against Stoke Foiling, and fully indemnifies Stoke Foiling, in respect of injury, death, loss or damage arising out of CUSTOMER’s use of the Product;
(e) CUSTOMER is solely responsible for authorising or enabling the use of the Product by a third party, and fully indemnifies Stoke Foiling in respect of injury, death, loss or damage arising out of any third party’s use of the Product.