2 YEAR PRODUCT WARRANTY
Consistent with its commitment to customer satisfaction, Startwarrior Pty Ltd ACN 618 698 356 (“Startwarrior”) of Level 1, 741 Glenferrie Road, Hawthorn, Victoria, Australia 3122 telephone +61 3 9005 1282, warrants and represents to the Customer that products which it sells (either itself or through an authorised agent) are free from defects in materials and workmanship under normal use for a period of 24 months from the date of purchase (“Warranty Period”). The Customer must keep their original invoice to validate the warranty.
To make a warranty claim the customer must contact either the authorised retailer where the product was purchased or Startwarrior at firstname.lastname@example.org. You will then be emailed a Return Authorisation form to complete by return within the Warranty Period, together with the following details:
- details of the alleged defect or fault and the circumstances surrounding the defect or fault;
- evidence of the claim, including photographs of the product (where the subject of the claim is capable of beingphotographed);
- the serial number of the product specified on the label affixed to the product; and
- original proof of purchase documentation for the product from Startwarrior or an authorised distributor o reseller of Startwarrior, which clearly shows the date and place of purchase.
- If your request for a return is approved, we will notify you by email and issue you with a Return Authorisation number. Our email will advise you of the address to which you must return your product. Please do not send your purchase back to the manufacturer. Startwarrior will not accept the return of a product unless Startwarrior has given it prior written approval and has issued a Return Authorisation number.When returning an item to us you should use a trackable shipping service and purchase shipping insurance. We don’t guarantee that we will receive your returned item.
Startwarrior will not accept the return of a product unless Startwarrior is satisfied that (a) the product was received by you with defects in materials and workmanship, (b) without missing components and (c) that the process set out in this policy has been followed.
Repair of all defective or malfunctioning products will be made at a location determined solely by Startwarrior. In the unlikely event that the product is not (during the Warranty Period) free from defects in materials and workmanship under normal use Startwarrior is to complete in-warranty repairs at no charge to the Customer provided that failure is not due to misuse (including without limitation use otherwise in accordance with Startwarrior’s user manual and modification or attempted repair by the Customer), mishandling, accident, vandalism, after sale damage or Force Majeure. Startwarrior reserves the right to repair or replace the product, or pay a refund, at its absolute discretion. An in-warranty product that is returned by the Customer to Startwarrior for repair, replacement or refund and found not to be defective or malfunctioning or for which failure is caused by misuse, mishandling, accident, vandalism, after sale damage or Force Majeure, is subject to a reasonable fee for testing and handling chargeable by the Manufacturer to the Customer.
The liability of each of Startwarrior and the manufacturer in connection with the product, whether based upon breach of warranty or contract or negligence in manufacture or breach of statutory duty or however otherwise, is limited to replacement, repair or refund of the product price paid by the Customer at Startwarrior’s election.
Subject to the conditions below, the benefits provided to the Customer by this warranty are in addition to other rights and remedies available to the consumer under the law.
Startwarrior’s 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.
Notwithstanding the foregoing, StartWarrior has the right to reject any warranty claim made by a Customer pursuant to this warranty where:
- the Customer does not notify Startwarrior in writing of a warranty claim in the prescribed form (i.e. the return authorisation form) within the Warranty Period;
- the Customer does not notify Startwarrior in writing of a warranty claim in the prescribed form (i.e. the return authorisation form) within 1 month of becoming aware of the relevant circumstances giving rise to the claim, so that any further problems with the product are minimised;
- the serial number of the product has been altered, removed or made illegible without the written authority of Startwarrior;
- the Customer does not have its original invoice or is unable to provide proof of purchase documentation to Startwarrior’s satisfaction (in its sole discretion);
- the Customer has not paid all amounts owing in respect of the product;
- the Customer acquired a product for the purpose of resupply;
- the Customer purchased the product via an online auction (including without limitation EBay), online store orother internet website operated by a party (other than Startwarrior) that is not an authorised distributor or reseller of the product;
- (where registration is available) the Customer has not registered the product with Startwarrior online through its website.
- If the product is found to be working satisfactorily on return to Startwarrior or upon investigation by Startwarrior, the Customer must pay Startwarrior’s reasonable costs of testing and investigating the product in addition to shipping and transportation charges. Where Startwarrior is in possession of the product, the product will be returned to the Customer on receipt of the amount charged.Startwarrior may, in its sole discretion, deliver another type of product or component of a product (different in size, colour, shape, weight, brand and/or other specifications) in fulfilling its obligations under this warranty, in the event that Startwarrior has discontinued manufacturing or supplying the relevant product or component at the time of the warranty claim, or where such product or component is superior to that originally purchased by the Customer.
To the maximum extent permitted by law, Startwarrior’s determination as to whether this warranty applies will be prima facie conclusive and the Customer will have the onus of proving that the warranty applies.
No alleged variation or extension of the terms of this warranty, whether by Starwarrior’s agents, officers or employees or any distributor or reseller, will be binding on Startwarrior unless in writing signed by the authorised representatives of Startwarrior.
Startwarrior shall not be responsible or liable to the Customer or any third party in connection with any non-performance or delay in performance of any terms and conditions of this warranty, due to events which are beyond the control of Startwarrior or acts of God, including without limitation war, riots, strikes, warlike conditions, plague or other epidemic, fire, flood, blizzard, hurricane, changes of public policies and terrorism. In such circumstances, Startwarrior may suspend performance of this warranty without liability for the period of the delay reasonably attributable to such causes.
For the avoidance of doubt, any replaced products or components of products shall become the property of Startwarrior.
To the full extent permitted by law, all warranties, conditions and other terms express or implied by statute, custom or common law are excluded. Nothing contained in this warranty excludes or restricts any consumer guarantee, warranty, condition, right or remedy under any statute (including the Australian Competition and Consumer Act 2010) which cannot be excluded.
If a clause or part of a clause in this warranty can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause in this warranty is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this warranty, but the rest of this warranty is not affected. If you feel that your rights under consumer law or our warranty have not been met, please forward your concerns in writing to Startwarrior at email@example.com