Warranty Information

  1. Warranty

  1. FMT shall provide to the Customer a warranty for all Goods against defects in materials and workmanship for a two year period (the Warranty Period) commencing on the sale date to the Customer (the Warranty Commencement Date) of the relevant Goods.

  2. The Product Warranty only applies to the Customer who originally purchased the Goods. It is personal and may not be assigned or transferred without the prior written consent of FMT.

  3. Subject to Clause 21, FMT (at its option) will replace or repair for the Customer, free of charge, any part or parts, found upon examination by FMT, to be eligible for this Product Warranty. If any Goods or part is replaced or repaired under this Product Warranty, that Goods or part will carry the remainder of the Product Warranty from the Warranty Commencement Date.

  4. The Product Warranty is in addition to any consumer guarantees existing available to the Customer at law and the Product Warranty does not exclude such consumer guarantees.

  5. All enquiries regarding the Product Warranty may be directed to FMT on +61 8 8240 5585.

  1. Warranty claim procedure

  1. In order to make a claim under the Product Warranty, the Customer must notify FMT in writing of any defect in the Goods discovered during the Warranty Period as soon as the Customer becomes aware of the alleged defect specifying in reasonable detail the nature of the defect. Such notice may be made by any one or more of the following methods:

    1. By Post addressed to: Fluid Management Technology Pty Ltd, PO Box 1224, Beverley, South Australia, 5009, Australia

    2. By Email to: sales@fluidmt.com.

  2. Upon FMT verifying the validity and currency of the Product Warranty in respect of the Customer’s claim, the Customer must upon request by FMT send the Goods to FMT.

  3. The Customer must ensure that the Goods are properly packaged so as to ensure that no damage occurs to the Goods during transit. The Customer is responsible for all posting, shipping, freight and insurance charges in respect of the Goods returned to FMT. Whilst in transit, the Goods remains at the Customer’s risk.

  4. FMT may, in its absolute discretion reimburse the Customer for the Customer’s cost to undertake such repairs to the Goods, provided that the Customer has first provided to FMT a written quote as to the estimated costs of the Customer undertaking such repair, and FMT has approved (in writing) the Customer to proceed with such repairs up to that agreed estimated cost.

  5. Upon receiving the Customer’s written quote, the Customer acknowledges that FMT shall have sole discretion as to whether FMT engages its own contractors to undertake the required repairs, or if the Customer may undertake such repairs.

  6. The Customer agrees that FMT shall have no obligation or liability to reimburse the Customer for the costs of any repairs undertaken by the Customer that have not been agreed in writing with FMT beforehand.

  7. FMT reserves the right at its sole discretion to determine whether to replace or repair, free of charge, any part or parts, or the entire Goods.

  8. The Customer is responsible for all packaging, posting, shipping, freight and insurance charges in respect of any Goods returned by FMT to the Customer. The Customer agrees to pay such charges upon the same payment terms as apply to FMT’s sales of Goods current at the time of the Product Warranty claim. Whilst in transit, the Goods remains at the Customer’s risk.

  1. General exclusions and limitations of the warranty

  1. The Product Warranty is limited to replacement or repair of defective parts or defects in workmanship and does not include any labour costs (whether such labour costs are supplied by FMT or the Customer).

  2. In the event that no identical parts are available to repair the defective Goods, FMT has the right to replace the Goods with similar Goods of equal age and condition as the defective Goods, or offer the Customer the choice to upgrade the defective Goods. These may incur additional costs to the Customer and the Customer in those circumstances agrees to pay those additional costs upon the same payment terms as apply to FMT’s sales of Goods current at the time of the Product Warranty claim.

  3. Replacement Goods or parts may include remanufactured or refurbished parts or components. Repaired or replaced Goods will continue be warranted for the remainder of the Product Warranty from the Warranty Commencement Date.

  4. The Product Warranty does not cover consumables, including but not limited to batteries and surge protectors.

  5. The Warranty will not apply, and FMT will be under no obligation or liability whatsoever if, in the opinion of FMT, the Goods have been:

    1. installed and maintained other than in compliance with FMT’s product specifications, instructions and directions;

    2. installed or used other than in a manner approved by FMT as suitable for the Goods;

    3. handled in a manner which contravenes any direction, instruction or warning issued by FMT from time to time

    4. misused, abused, altered or damaged in any way;

    5. tampered with, including if any factory applied serial number has been altered or removed from the Goods;

    6. damaged through normal wear and tear including exposure to the elements (on both exposed and unexposed surfaces), exposure to abnormally corrosive conditions, rust, or entry by any insect, vermin or foreign object in the Goods; or

    7. damaged as a result of connection to irregular voltage sources, voltage supply problems, power surges and dips, thunderstorm activity, result of a natural disaster, or acts of God (including fire, flood, lightning).

  1. Limitation of liability

  1. Subject to Clause 19(a), FMT’s liability to the Customer (and any party claiming through the Customer against FMT) for any claim for loss or damages (including legal expenses) made in connection with the Contract for contract, tort (including negligence), under statute, in equity or otherwise shall be as follows:

    1. if the Customer is a consumer (as defined in the Australian Consumer Law) and:

      1. FMT is in breach of a guarantee in the Australian Consumer Law (other than a guarantee in section 51, 52 or 53 of Schedule 2 of the Australian Consumer Law) in connection with the supply of goods (other than goods of a kind ordinarily acquired for personal, domestic or household use or consumption), FMT may (in its absolute discretion):

        1. replace those goods;

        2. supply equivalent goods;

        3. repair those goods;

        4. pay the cost of replacing those goods;

        5. pay the cost of acquiring equivalent goods; or

        6. pay the cost of having those goods repaired, and FMT’s liability is limited to that extent;

      2. FMT is in breach of the guarantee in the Australian Consumer Law in connection with the supply of services (other than services of a kind ordinarily acquired for personal, domestic or household use or consumption) FMT may (in its absolute discretion):

        1. supply those services again; or

        2. pay the cost of having those services supplied again, and FMT’s liability is limited to that extent.

    2. if FMT is in breach of a Contract (other than a breach referred to in Clause 23(a)(i)), FMT’s liability is strictly limited to:

      1. for goods, products or materials – the cost of replacement of the defective Goods as soon as reasonably practicable, or the supply of equivalent Goods, or the repair of the defective Goods or the repayment (or allowance) of the invoice price of the defective Goods at the option of FMT;

      2. for services – to the provision of the services again or payment of the cost of having the relevant services provided again at the option of FMT;

    3. FMT’s liability for breach of a Contract does not extend beyond the defective Goods to any other Goods that are part of an Order or otherwise;

    4. where loss or damage is not covered by Clauses 23(a)(i) or 23(a)(ii), FMT is not liable to the Customer under statute, in equity or in tort (including negligence or otherwise) for any loss or damage to person or property arising from or caused in any way by the Goods (except to the extent that FMT’s conduct is deliberate, is illegal, is fraudulent or constitutes a criminal offence);

    5. subject to Clauses 23(a)(i) and 23(a)(ii), FMT shall not be liable for any indirect, special or consequential loss resulting from or caused in any way by FMT, its officers, employees or agents arising out of or in connection with the supply of the Goods;

    6. indirect, special or consequential loss or damage includes:

    7. any loss of income, profit or business;

    8. any loss of goodwill or reputation;

    9. any loss of value of intellectual property.

  2. Any claim under Clause 23(a)(ii) by the Customer in respect of defective Goods and/or damaged Goods must be made in writing within 14 days of the delivery of the Goods.

  3. FMT shall not be responsible for any non delivery of the Goods or failure to supply the Goods on the date agreed between FMT and the Customer, and the Customer shall not be entitled to cancel any Order as a result of that non delivery or failure to supply.

  4. If any OEM Goods are supplied as part of the Goods, the Customer agrees that the OEM Warranty shall apply and will be limited to FMT’s right of redress (if any) against the third party vendor that sold the OEM Goods to FMT.

  5. The provisions of the United Nations Convention on Contracts for the International Sale of Goods are expressly excluded from all Contracts.