Ark Corporation Pty Ltd
Warranty Against Defects Policy
- Ark Corporation Pty Ltd (‘Ark’) warrants to the original purchaser that its products will be free from defects in material and workmanship during the Warranty Period, which is the period commencing on the actual date of purchase (as reflected on the invoice/receipt provided to the purchaser) and expiring 12 months thereafter.
The following statement applies only to product sales that fall within the definition of a Consumer Sale as set out in the Australian Consumer law contained within the Competition and Consumer Act (Cth) 2012:
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 for 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. This warranty is in addition to other rights and remedies of the customer under Australian law.
- Notwithstanding the preceding clause, and to the extent permissible at law, the liability of Ark is limited, in relation to the products and at the option of Ark to:
- repair of the defective Product
- replacement of the defective Product
- provision of a refund to the Purchaser for the purchase price paid for the defective Product, without charge to the Purchaser
- the payment of the cost of having the product repaired.
- The warranty given by Ark covers the reasonable costs of delivery and installation of any repaired or replaced Products or components of Products to the Purchasers usual residential address notified to Ark, together with the reasonable costs of removal and return of any Products determined by Ark to be defective.
- If the Purchaser incurs expenses of the nature referred to in item 3 of this warranty in the context of making a claim pursuant to this warranty and that warranty claim is accepted by Ark, the Purchaser will be entitled to claim for reimbursement of those expenses that Ark determines, in exercise of its sole discretion, to be reasonably incurred, provided that the claim is notified to Ark in writing and includes (a) details of the relevant expenses incurred by the Purchaser and (b) proof of the relevant expenses having been incurred by the Purchaser
- Without limiting any other clause in this warranty, Ark has the right to reject any warranty claim made by the Purchaser pursuant to this warranty where:
- the Purchaser does not notify Ark in writing of a warranty claim within the Warranty Period;
- the Purchaser does not notify Ark in writing of a warranty claim within 1 month of becoming aware of the relevant circumstances giving rise to the claim, so that any further problems with the Product are minimised
- the serial number of the Product has been altered, removed or made illegible
- the Purchaser is unable to provide proof of purchase documentation or evidence that the Product was properly installed or removed (if relevant) and that proper maintenance has been performed on the Product in accordance with the instructions of Ark
- If the Product is found to be working satisfactorily on return to Ark or upon investigation by Ark, the Purchaser must pay Ark’s reasonable costs of testing and investigation the Product in addition to shipping or transportation charges. Where Ark is in possession of the Product, the Product will be returned to the Purchaser on receipt of the amount charged.
- Any replaced Products or components of Products shall be become the property of Ark
- Ark may, in exercise of its sole discretion, deliver another type of Product or component of a Product (different is size, colour, shape, weight, brand and/or other specification) in fulfilling its obligations under this warranty, in the event that Ark has discontinued manufacturing or supplying the relevant Product or component at the time of the warranty claim, or where such Product or component is superior to that originally purchased by the Purchaser.
- A Purchaser shall only be entitled to the benefit of this warranty after all amounts owing in respect of the Product have been paid.
- To the maximum extent permitted by law, Ark’s determination of the existence of any defect and the cause of any defect will be conclusive.
- If you consider that the Ark Product that you have purchased is not of merchantable quality, has a latent defect, or is otherwise not compliant with the conditions, warranties, undertakings, and legal rights given to you under Australian Consumer Law (for example, it appears faulty, or does not work at all or properly), you can make a claim under this Warranty.
If you wish to make a claim under this Warranty, you should:
- contact Ark Corporation sales staff on ph 02 9678 9036 or fax 02 9678 9011;
- write to Ark Corporation 8 Smoothy Place, Arndell Park NSW 2148; or
- email firstname.lastname@example.org.
- Your claim must be in writing and include the following:
- details of the alleged defect or fault and the circumstances surrounding the defect or fault
- evidence of the claim, including photographs of the Product where possible
- the serial number of the Product as specified on the label affixed to the Product (if applicable)
- proof of purchase documentation for the Product from an authorised distributor or reseller of Ark, which clearly shows the date and place of purchase.
- If the Purchaser acquired a Product for the purpose of resupply then this warranty shall not apply to that Product. The sale of a Product via an online auction, online store or other internet website by a party that is not an authorised distributor or reseller of the Product will be deemed to be resupply within the meaning of Australian Consumer Law and will render this warranty void.
- The agents, officers and employees of any distributor or reseller of the Products and of Ark are not authorised to vary or extend the terms of this warranty
- This warranty will not apply to, or cover any defect, damage, fault, failure or malfunction of a Product, which Ark determines, in exercise of its sole discretion, to be due to:
- normal wear and tear or exposure to weather conditions over time
- accident, misuse, abuse, negligence, vandalism, alteration or modification
- non-observance of any of the instructions supplied by Ark
- failure to ensure proper maintenance of the Product
- repairs to the Product that are not strictly in accordance with Ark’s instructions
- installation, repairs or maintenance of the Product by, or under the supervision of, a person who is not a qualified auto electrician or technician, or if non-genuine or non-approved parts have been fitted
- faulty power supply, power failure, electrical spikes or surges, lightning, flood, storm, hail, extreme heat, fire, blizzard, war, riots, acts of terrorism or other occurrence outside the control of Ark
- use other than for any reasonable purpose for which the Product was manufactured
- If a clause of part of a clause in this warranty can be read in such a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause in this warranty is illegal, unenforceable or invalid, that clause or part of clause is to be treated as removed from this warranty, but the rest of the warranty is not affected.