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1. Evocare provides consumers with the following warranty in relation to this Product, in addition to complying
with the requirements of any relevant legislation, including the Competition and Consumer Act2010 (Cth) in
Australia and the Consumer Guarantees Act 1993 in New Zealand (the Acts), except where a New Zealand
consumer acquires the Product for the purposes of a business.
2. In this warranty, we have used the following definitions:
(a) Form means a warranty claim form issued by Evocare in respect of Products;
(b) Evocare or our means Evocare Australia Pty Limited, ABN 98 078 566 604 of Level 19, 144 Edward Street,
Brisbane 4000;
(c) Products means the goods manufactured for Evocare (including products manufactured by its contract
manufacturers);
(d) Material means a material or component used by Evocare in the manufacture of the Products;
(e) Retailer means the authorised dealer of Products from whom the Product was purchased;
(f) Warranty Period means the warranty period commencing from the date of purchase of the relevant Product.
If the Product or part (as the case may be) is repaired or replaced, there will be no extension to the original
warranty period; and
(g) Workmanship means the handling, assembly and manufacturing processes performed by or on behalf of
Evocare in order to manufacture the Products.
3. Evocare warrants that for the duration of the Warranty Period, all Products will be free of faults arising from
defects in Workmanship or Materials, on the terms and conditions set out in this warranty.
4. Evocare undertakes that if during the Warranty Period any Product, or any part of a Product, has failed to
operate correctly due to faulty Workmanship or defective Material, it will repair or replace the Product or part
(as the case may be) free of charge provided that the following procedures are met :
(a) The consumer must contact the Retailer or Evocare upon becoming aware of any defect to a Product upon
which the consumer will be required to complete a Form and provide satisfactory proof of purchase.
(b) Evocare will review the Form to determine whether there is a defect, and if so Evocare agrees to (at its option)
repair, replace or supply equivalent goods, or pay the cost of any of those remedies to the consumer.
(c) If Evocare requests the return of the applicable Product or part, the consumer will be responsible for the
collection and freight costs of returning that Product or part to Evocare.
(d) The consumer acknowledges that it is also responsible for the freight costs to deliver any new Product or
replacement part to it.
5. This warranty is in addition to any non-excludable legal rights or remedies conferred on the consumer under
any applicable Act and any similar laws. To the extent permitted by law, Evocare's liability for any non-
excludable condition or warranty is limited to rectifying any defect at its option, as set out in paragraph 4(b).
6. Subject to the requirements of any applicable Act or legislation and to the extent permitted by law, no liability
(whether expressed or implied) of any nature whatsoever, is accepted by Evocare for any consequential loss,
damage or injury arising as a result of any fault in the Products.
7. This warranty does not extend to damage to Products which occurs during transit or transportation, or which is
caused by any abuse, accident or improper installation, connection, use, adjustment or repair or use of goods
otherwise than in accordance with instructions issued by Evocare.
8. The warranty on Products is waived if any addition or attachment to the Products do not have Evocare's
approval or are not sold as Evocare products. The Products are designed to perform specific tasks under
established test loads and unauthorised attachments may produce stresses for which the design is not
appropriate.
9. The following applies to consumers who purchased a relevant Product in Australia:
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.
