(GOODS AND SERVICES)
WIDESKY®’s goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.
For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
WIDESKY® WARRANTY AND RETURNS POLICY
- Sets out WIDESKY®’s warranty and returns for WIDESKY®-supplied goods and services (“products”) and installed in Australia.
- Must be read together with any applicable supply agreement, user terms, trading terms or other applicable terms and conditions.
Change of mind
WIDESKY® is not required to provide a refund or replacement if you change your mind.
If the product has a minor defect, WIDESKY® may choose:
- refund of product cost
- replacement of product with identical product, or
- repair of product
WIDESKY® will repair a product with a minor defect within a reasonable time.
If the product is not repaired in a reasonable time you may choose a refund or replacement.
A “minor defect” is a defect in a product that is not a major defect.
A “major defect” is a defect in a product:
- would have stopped you from buying the product if you had known about it
- causes the product to be unsafe
- causes the product to be significantly different from the sample or description shown to you, or
- has the effect that the product doesn’t do what the product or WIDESKY® said it would
If the product supplied to a consumer has a major defect, WIDESKY® must either:
- refund of product cost
- replacement with identical product or product of similar value
- compensation for loss of value caused by the defect, or
- repair of the product
as chosen by:
- if you are a “consumer” within the meaning of the Australian Consumer Law, you; or
- otherwise, WIDESKY®.
Exclusions and Qualifications
WIDESKY® is not obliged to provide a repair, exchange or refund in respect of any product if:
- The product does not contain a defect and you have merely changed your mind.
- The product defect was caused by:
- your misuse of the product (including use other than in accordance with any instructions on or with the product) including use for purposes for which the product was not intended);
- faulty or incorrect external electrical wiring, incorrect power supply, voltage fluctuations, over voltage transients or electromagnetic interference not originating within product;
- incorrect or poor installation or storage;
- compatibility issues between the products and the installation environment i.e.: control systems, harmonic oscillation and power supply;
- caused by the use of an accessory, component or product not supplied by WIDESKY®;
- caused by storm, fire, flood, vandalism, misuse, negligence, acts of god, earthquake, war, vermin, foreign matter entering product (e.g. dirt and moisture) or any other outside agency;
- normal weathering or corrosive atmospheric conditions;
- resulting from operations at conditions outside the operating conditions specified in applicable WIDESKY® technical or sales literature applicable to product;
- defects in consumables used with the product which must be regularly replaced in accordance with applicable WIDESKY® technical or sales literature applicable;
- product being re-installed at a location other than the original location;
- repair or modification by unauthorised persons; or
- your failure to procure correct operation and regular maintenance of the product.
- You were made aware of the defect before you bought the product.
- You had an opportunity to examine the goods before purchase and did not notice an obvious defect.
- The period of time that has passed since you purchased the product is longer than the product could reasonably expected to remain defect-free.
- The goods have been thrown away, destroyed, lost or damaged while in your possession.
- You are unable to provide reasonable proof of the defect.
- You are unable to provide reasonable proof of the having purchased the product from WIDESKY®.
WIDESKY® is not liable to pay or reimburse to you:
- Any costs or additional labour associated with de-installation of service access to product installed in restricted or unsafe (e.g. high) locations.
- Freight charges (including insurance) or travelling cost for repairs.
Note that, depending on how long has passed since the defective product was purchased, WIDESKY® may not be able to provide spare parts or repair facilities in relation to a particular product.
You are responsible for the correct operation and regular maintenance of the product as listed below.
Warranty Claim Process
To make a warranty claim, the claiming party must notify WIDESKY® in writing or by e-mail to:
To enquire about returning a WIDESKY® product, please contact our friendly Customer Service team.
38B Douglas St, Milton QLD 4064
You may be required to provide further evidence including:
- product proof of purchase
- product installation date
- description of alleged defect
- additional information including photos of the problem fitting or product
Nothing contained in this warranty is intended to restrict, modify or exclude the operation of any of the provisions contained in Part 3-2 of the Australian Consumer Law or any similar legislation or substituted amendment, including provisions allowing for refunds for defective goods.
In this document “WIDESKY®” means LPA ENERGY PTY LTD [ACN 647167986]