Thornado is committed to product excellence, and stands behind the quality of the products we produce. From time-to-time manufacturing faults or defects can and do occur. If you think your product has suffered a manufacturing fault or defect, please contact us. Items that are damaged as a result of excessive usage are not considered faulty.
In this Warranty:
We, us, or our means Makmur Corporation Pty Ltd t/a Thornado (ACN 146 014 324) and our contact details are set out at the end of this warranty;
You, or your means the purchaser or the original end-user of the Products;
Our Products 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 Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
1.1 We provide this Warranty to you in addition to any rights or remedies you have under the Australian Consumer Law or any other applicable law (Consumer Law Rights).
1.2 Subject to the terms of this Warranty, if during the first 12 months or first 500 hours of use from the date of purchase of the Products from the Supplier (Warranty Period) the Products prove defective by reason of improper workmanship or materials, we will repair the Products or resupply the Products or issue a full or partial refund to you with respect to any amount paid for the defective part (or all) of your Products at our reasonable discretion. Your Consumer Law Rights may extend beyond the Warranty Period.
1.3 If any materials, parts or features required to facilitate any repair or replacement pursuant to clause 1.2 are unavailable or no longer in production, or your model of the Product is no longer available or in production, we will use our best endeavours to use appropriate equivalent materials, parts, features or model.
2. Making a valid warranty claim
2.1 To claim the benefit of this Warranty, you must:
- a)notify us by email as soon as you become aware that the Products are defective with evidence of proof of purchase of your Products from us and a description and photographs of the claimed defect;
- b)if we ask you to, you must return to return the Products together with all packaging, parts, accessories and documentation to the contact details set out below at your expense; and
- c)provide any other information reasonably required by us to assess your claim.
2.2 Where you return theProducts as part of a Warranty claim under this clause 2.1, you will need to cover any associated costs of you returning the Products to us and where we find the Products are covered by this Warranty, we will refund the associated costs of you returning the Products to us.
2.3 Where we accept your claim under this Warranty, clause 1.2 will apply.
3. When this warranty applies and when it does not
3.1 This Warranty does not cover any defect which is caused (or partly caused) or contributed to, by any:
- a)act or omission, accident, or negligence by you or any third party not engaged by us (including any third party installer of your Products);
- b)improper care or maintenance of the Products;
- c)cosmetic damage such as the exterior finish that do not affect the functionality of the equipment;
- d) exposure to abnormally corrosive conditions;
- e) abnormal or improper use of the Products;
- f) failure on your part to follow any instructions or guidelines (including any manual) provided by us or the manufacturer in relation to your Products or properly maintain your Products in accordance with any of our instructions or guidelines (including any manual);
- g) use of your Products otherwise than for any application or use specified by us or the manufacturer;
- h) continued use of your Products (where such use is not reasonable) after any defect in your Products becomes apparent or would have become apparent to a reasonably prudent person;
- i) incorporation or installation of fixtures, appliances or other items into your Products;
- j) failure by you to notify us of any defect in your Products within a reasonable period of time after you become aware of or ought to have reasonably become aware of the relevant defect;
- k) reasonable wear and tear of your Products;
- l) act of God or force majeure event (including but not limited to war, riot, invasion, act of terrorism, contamination, earthquake, flood, fire, or other natural disaster, or any other event or circumstance beyond our or the manufacturer's reasonable control); or
- m) installation, repair, replacement, maintenance, altering, overhauling or otherwise compromise of the Products by you or any person other than us or the manufacturer.
3.2 Additional Expenses: Any works or services requested by you to be performed by us (including any work or services that are additional to repairs carried out by us pursuant to clause 1.2 and deemed by us to not be covered under this Warranty may incur additional charges, which we will advise you of prior to commencing those additional work or services. We are under no obligation to perform any additional work or services that you may request.
4.2 Governing Law: This Warranty is only valid and enforceable in Australia and is governed by the laws of New South Wales.
4.3 No third party reliance: The benefit of this Warranty is for you only, and no other person or third party can rely on or make a claim under this Warranty.
4.4 No Assignment or transfer: This Warranty or the benefit under this Warranty cannot be assigned or transferred to any other person or third party.
4.5 Severance: If any provision of this Warranty is held to be void, invalid or illegal or unenforceable in any jurisdiction, that
provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or part of that provision) will be severed from this Warranty without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Agreement.
Contact us for further details:
Makmur Corporation Pty Ltd t/a Thornado (ACN 146 014 324)
2/10 Cunningham St, Moorebank, New South Wales 2170, Australia