TOVO Lighting Product Warranty Terms and Conditions.
TOVO Lighting Product Warranty Terms and Conditions.
- All warranty claims are subject to manufacturer's review and acceptance.
- TOVO Lighting warrants that it uses reasonable care and skill to ensure that its lighting products are of reasonable quality. TOVO Lighting will at its cost and in its sole discretion:
(i) remedy any defect or fault in any product purchased; or
(ii) replace any product in respect of which there is a defect or fault, during the warranty period, provided that notice is given by the Purchaser to TOVO Lighting of any such defect or fault in the product as soon as the Purchaser becomes aware of that fault or defect. All warranty claims must be returned to TOVO Lighting for assessment with a receipt or other proof of payment. No warranty is given in respect of any glass contained in any product. - TOVO Lighting warrants that all goods manufactured come with guarantees that cannot be excluded under the Australian Consumer Law. The Purchaser is entitled to a replacement or refund for a major failure and compensation for any reasonably foreseeable loss or damage. The Purchaser is entitled to a repair or replacement (as per clause 2) if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- TOVO Lighting has no liability to remedy any defect in a product or replace a product where the defect or fault is caused or contributed to by
(i) the failure of the Purchaser to install the product according to specific installation instructions either supplied within each product or available on the TOVO Lighting website or through the wholesaler or TOVO Lighting 's representative; or
(ii) use of the product in a manner or for a purpose for which it was not designed. - All site application or installation must reflect these procedures otherwise the product warranty will be considered void or will not take effect.
- Except as provided for in this warranty, and to the extent allowed by law, TOVO Lighting 's liability in respect of the product under the law of any State or Territory is excluded. Where liability may be limited but not excluded by any applicable State or Territory law, liability is limited to the full extent possible under that law. This Clause 5 will only apply in Australia to the extent to which the provisions of the Competition and Consumer Act 2010 (“ACL’’)") apply to contracts entered into by TOVO Lighting for the provision of goods and services. In all other countries the local equivalent Competition and Consumer legislation shall apply and TOVO Lighting exercises all its rights to limit its liability to the full extent allowed.
- Pursuant to section 64A of the Act, this Clause 6 applies in respect of the goods or services supplied by TOVO Lighting which are not of the kind ordinarily acquired for personal, domestic, or household use or consumption, provided that this Clause 6 will apply if the Purchaser establishes that reliance on it would not be fair and reasonable.
Liability for a breach of a condition or warranty implied by the Act is limited to any one of the following, as determined by TOVO Lighting in its sole discretion:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.
In no event will TOVO Lighting be liable to the Purchaser for any damages, including lost profits, lost savings or any other incidental or consequential damages arising out of the use or inability to use the product or any claim by any other party. All claims are limited to the repair or the replacement of the products only and do not include any labour or transportation charges. The entire risk as to the use and performance of the product is assumed by the Purchaser. - Power tools shall not be used to tighten or assemble products. Any damage claim or product failure associated to this matter will be promptly dismissed or rejected.
- All installations shall be performed in accordance with the local, state and country electrical code. Appropriate regulatory authorities should be consulted where required.
- TOVO Lighting products have been factory tested, documented in the catalogue and/or listed by governing safety bodies or public safety agencies to comply with rules and regulations in effect at the time of registration. Product must therefore be used within these parameters and selection must be exercised accordingly by consultants and lighting professionals to extend and preserve public safety during the installation and after.
- All items must be properly grounded, and all installations should be performed by a professional electrician and or a duly licensed contractor carrying proper liability insurance.
- All information supplied by TOVO Lighting's representatives shall be reflected in the catalogue or verified with TOVO Lighting directly if it deviates from the primary intended use of a specific product or the product limitations.
- All installation matters and failures related to installation matters will be the installer's responsibility and will remain so throughout the life of the product.
- Lamp wattage and matching replacement parts must be respected throughout the product life.
- There is no warranty offered on lamps other than the lamp manufacturer's warranty if any.
- TOVO Lighting accepts no responsibility for damage to any ancillary equipment or inconvenience caused by the failure of our products.
- TOVO Lighting reserves the right to alter fittings or specifications at any time.
TERMS OF TRADE
INTERPRETATION
1 In these conditions :
“Seller” means Tovo (Australasia Pty Ltd), trading as Tovo Lighting which is the Seller of the goods.
“Buyer” means the purchaser of the goods specified overleaf.
“Goods” means the products and, if any, services specified overleaf.
Nothing in these conditions shall be read of applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Trade Practices Act 1974) and which by law cannot be excluded, restricted or modified.
GENERAL
2 These conditions (which shall only be waived in writing signed by the Seller) shall prevail over all conditions of the Buyer’s order to the extent of any inconsistency.
TERMS OF SALE
3 The goods and all other products sold by the Seller are sold on these terms and conditions.
GOODS AND SERVICES
4 The Seller may offer and the Customer may accept any of the following goods and services provided by the Seller:
a. Lighting Designs and Specifications
b. Documentation
c. Freight
d. Any goods or services nominated in a Supplier quotation or invoice.
SELLER’S QUOTATIONS
5 Unless previously withdrawn, Seller’s quotations are open for acceptance within the period stated in them or, when no period is so stated, within 30 days only after its date. The Seller reserves the right to refuse any order based on this quotation within 7 days after the receipt of the order.
PACKING AND FREIGHT
6 The cost of any special packing, packing materials and freight used in relation to the goods are at the Buyer’s expense notwithstanding that such cost may have been omitted from any quotation.
SHORTAGE
7 The Buyer waives any claim for shortage of any goods delivered if a claim in respect for short delivery has not been lodged in writing with the Seller within seven (7) days from the date of receipt of goods by the Buyer.
LIGHTING DESIGNS, SPECIFICATIONS AND DOCUMENTATION
8 All specifications, drawings, and particulars of weights and dimensions submitted to the Seller are approximate only and any deviation from any of these things does not vitiate any contract with the Seller of form grounds for any claim against the Seller
9 The descriptions, illustrations and performances contained in catalogues, price lists and other advertising matter do not form part of the contract of sale of the goods or of the description applied to the goods.
10 Where specifications, drawings or other particulars are supplied by the Buyer, the Seller’s price is made on estimates of quantities required. If there are any adjustments in quantities above or below the quantities estimated by Seller and set out in a quotation, then any such increase or decrease are to be adjusted on a unit rate basis according to unit prices set out in this document or in the quotations.
11 The Seller maintains the discretion to charge for any documentation, lighting designs or specifications provided to the Seller.
INTELLECTUAL PROPERTY
12 All lighting designs, specifications and documentation is subject to the intellectual property of Seller and any unapproved distribution of such documentation can be subject to a claim of breach of intellectual property rights.
INDEMNIFICATION
13 In accepting specifications, designs and documentation the Buyer is indemnifying the Seller of all liability regarding technical installation and is accepting the designs are the opinion of the Seller and will not be subject to any claim.
14 The Seller is indemnified of any liability if the Buyer breaches clause 12 and seeks alternative supply and any issues arise subject to the use of the Seller’s lighting design, documentation or specification.
PERFORMANCE
15 Any performance figures given by the Seller are estimates only. The Seller is under no liability for damages for failure of the goods to attain such figures unless specifically guaranteed in writing. Any such written guarantees are subject to the recognised tolerances applicable to such figures.
DELIVERY
16 The delivery times made known to the Buyer are estimates only and the Seller is not to be liable for late delivery or non-delivery.
17 The Seller is not liable for any loss, damage or delay occasioned to the Buyer or its customers arising from late or non-delivery or late installation of the goods.
18 The Seller may at its option deliver the goods to the Buyer in any number of Instalments unless there is an endorsement overleaf to the effect that the Buyer will not take delivery by instalments.
19 If the Seller delivers any of the goods by instalments, and any one of those instalments is defective for any reason:
a. it is not a repudiation of the contract of sale formed by these conditions: and
b. the defective instalment is a severable breach that gives rise only to a claim for compensation.
LOSS OR DAMAGE IN TRANSIT
20 The Seller is not responsible to the Buyer or any person claiming through the Buyer for any loss or damage to goods in transit caused by any event of any kind by any person (whether or not the Seller is legally responsible for the person who caused or contributed to that loss or damage).
21 The Seller must provide the Buyer with such assistance as may be necessary to press claims on carriers so long as the Buyer :
a. has notified the Seller and the carriers in writing immediately after loss or damage is discovered on receipt of goods: and
b. lodges a claim for compensation on the carrier within three (3) days of the date of receipt of the goods.
GUARANTEE
22 The Seller’s liability for goods manufactured by it is limited to making good any defects by repairing the defects or at the Seller’s options by replacement, within a period not exceeding twelve (12) calendar months after the goods have been dispatched so long as :
a. defects have arisen solely from faulty materials or workmanship
b. the goods have not received maltreatment, inattention or interference;
c. accessories of any kind used by the Buyer are manufactured by or approved by Seller:
d. the seals of any kind on the goods remain unbroken: and
e. the defective parts are promptly returned free of cost to the Seller.
23 If the goods are not manufactured by the Seller the guarantee of the manufacturer of those goods is accepted by the Buyer and is the only guarantee given to the Buyer in respect of the goods. The Seller agrees to assign to the Buyer on request made by the Buyer the benefit of any warranty or entitlement to the goods that the manufacturer has granted to the Seller under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable.
24 The Seller is not liable for and the Buyer releases the Seller from any claims in respect of faulty or defective design of any goods supplied unless such design has been wholly prepared by the Seller and the responsibility for any claim has been specifically accepted by the Seller in writing. In any event the Seller’s liability under this paragraph is limited strictly to the replacement of defective parts in accordance with para 22 of these conditions.
25 Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as the merchantability, description, quality, suitability or fitness of the goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. The Seller is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the goods or arising out of the Seller’s negligence or in any way whatsoever.
26 The Seller’s liability for a breach of a condition or warranty implied by the Competition and Consumer Act 2010 is limited to :
a. in the case of goods, any one or more of the following :
i. the replacement of the goods or the supply of equivalent goods:
ii. the repair of the goods;
iii. the payment of the cost of replacing the goods or of acquiring equivalent goods;
iv. the payment of the cost of having the goods repaired; or
b. in the case of services:
i. the supplying of the services again; or
ii. the payment of the cost of having the services supplied again
27 The Seller is only liable for the internal labour costs of repairing any goods and is not liable to compensate any external labour and materials required to uninstall or install goods.
28 The Seller’s liability under 64A of the Competition and Consumer Act 2010 is expressly limited to a liability to pay to the purchaser an amount equal to:
a. the cost of replacing the goods:
b. the cost of obtaining equivalent goods; or
c. the cost of having the goods repaired, whichever is the lowest amount
PRICES
29 Unless otherwise stated all prices quoted by vendor are net, exclusive of Goods and Services Tax (GST).
30 Prices quoted are those ruling at the date of issue of quotation and are based on rates of freight, insurance, customs duties, exchange, shipping expenses, sorting and stacking charges, cartage, rate of wates, cost of materials and other charges affecting the cost of production ruling on the date is made.
31 If the Seller makes any alterations to the price of the goods or to any of their inputs either before acceptance of or during the currency of the contract, these alterations are for the Buyer’s account.
PAYMENT
32 The purchase price in relation to goods is payable net and payment of the price of the goods must be made on or before the day of delivery of the goods unless other terms of payment are expressly stated in these conditions in writing.
RIGHTS IN RELATION TO GOODS
(Romalpa clause)
33 The Seller reserves the following rights in relation to the goods until all accounts owed by the Buyer to the Seller are fully paid:
a. ownership of the goods:
b. to enter the Buyer’s premises ( or the premises of any associated company or agent where the goods are located) without liability for trespass or any resulting damage and retake possession of the goods; and
c. to keep or resell any goods repossessed pursuant to above.
34 If the goods are resold, or products manufactured using the goods are sold, by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice price of the goods sold or used in the manufacture of the goods sold in a separate identifiable account as the beneficial property of the Seller and shall pay such amount to the Seller upon request. Notwithstanding the provisions above the Seller shall be entitled to maintain an action against the Buyer for the purchase price and the risk of the goods shall pass to the Buyer upon delivery.
BUYER’S PROPERTY
35 Any property of the Buyer under the Seller’s possession, custody or control is completely at the Buyer’s risk as regards loss or damage caused to the property or by it.
STORAGE
36 The Seller reserves the right to make a reasonable charge for storage if delivery instructions are not provided by the Buyer within fourteen days of a request by the Seller for such instructions. The parties agree that the Seller may charge for storage from the first day after the Seller requests the Buyer to provide delivery instructions.
RETURNED GOODS
37 The Seller is not under any duty to accept goods returned by the Buyer and will do so only on terms to be agreed in writing in each individual case.
38 If the Seller agrees to accept returned goods from the Buyer under this clause, the Buyer must return the goods to the Seller at the Seller’s place of business referred to at the head of these conditions.
39 The Seller is not required to provide a refund or replacement if the Buyer has returned the goods with the sole reason of changing their mind on the purchase. A refund or exchange is to the Sellers discretion if the item has a major problem.
GOODS SOLD
40 All goods to be supplied by the Seller to the Buyer are as described on the purchase order agreed by the Seller and the Buyer and the description on such purchase order modified as so agreed prevails over all other descriptions including any specification or enquiry of the Buyer.
CANCELLATION
41 No order may be cancelled except with consent in writing and on terms which will indemnify the Seller against all losses.
42 In the event of a cancellation, the Seller has discretion to charge a fair compensation rate for the time, documentation, lighting design, specification and materials occurred in the manufacturing of goods or providing services.
PLACE OF CONTRACT
43 The contract of sale of the goods is made in the state or territory of Australia form which this document is issued.
44 The parties submit all disputes arising between them to the courts of such state or territory and any court competent to hear appeals from those courts of first instance.
DEPOSITS
45 All deposits are to be held and used as final payment for an order.
46 Should any fittings be required in advance further payment is required.
47 For standard orders a non-refundable 20% deposit is required, all custom orders require a non-refundable 50% deposit.