Cleverseal Warranty Terms and Conditions
These Warranty Terms and Conditions apply to all Cleverseal products supplied in Australia.
The Cleverseal manufacturer's warranty covers the Cleverseal product only and applies to proven manufacturing faults in accordance with these terms and conditions.
This manufacturer's warranty is provided in addition to, and does not limit, any rights or remedies available to consumers under the Australian Consumer Law.
1. Warranty Period
Cleverseal provides a 60 (sixty) month manufacturer's warranty against proven manufacturing faults from the original date of sale.
The warranty applies to the Cleverseal product only.
The warranty does not extend to the door, door finish, coating, paintwork, structure, hardware, installation, workmanship or any other property to which the Cleverseal product is installed.
The 60-month warranty period applies to this manufacturer's warranty and does not limit any consumer guarantees or other rights available under the Australian Consumer Law.
2. What the Warranty Covers
This manufacturer's warranty covers proven manufacturing faults in the Cleverseal product that arise during the applicable warranty period.
A manufacturing fault means a defect in the Cleverseal product that is attributable to its manufacture or materials and is not the result of installation, misuse, damage, modification, normal wear and tear, environmental conditions or other circumstances excluded under these terms.
The warranty does not cover problems arising from the installation or use of the product where the Cleverseal product itself is not defective.
3. Making a Warranty Claim
All warranty claims must be submitted to Cleverseal for assessment.
A warranty claim should include:
- Proof of purchase, being the original invoice showing the date of sale within the applicable warranty period
- Photographic evidence clearly showing the claimed defect or manufacturing fault
- Product details, including the product code where available
- Details of the installation, including the installation date and installer where applicable
- Details of the door or application onto which the product was installed
- A description of the issue and when it was first identified
- Any other information reasonably requested by Cleverseal to assess the claim
Cleverseal may request that the product be returned to its NSW factory for inspection and assessment.
Cleverseal reserves the right to inspect and assess the product before determining whether a manufacturing fault exists and whether the claim is covered by this manufacturer's warranty.
4. Assessment and Replacement
Where a manufacturing fault is proven and the warranty claim is approved, Cleverseal's standard remedy under this manufacturer's warranty will be to provide replacement product in the same quantity and type as originally invoiced, where available.
If the original product is no longer available, Cleverseal may provide an equivalent product.
Replacement product will only be provided following assessment and approval of the warranty claim.
This manufacturer's warranty does not provide for a refund as its standard remedy. Nothing in these terms limits any right to a refund, replacement, repair or other remedy available to a consumer under the Australian Consumer Law.
5. Installation and Installer Responsibility
The Cleverseal manufacturer's warranty applies only to the Cleverseal product itself.
Cleverseal does not provide a warranty or guarantee for installation services or installation workmanship performed by a third-party installer.
The customer and/or installer is responsible for:
- Selecting the appropriate Cleverseal product for the application
- Taking correct measurements
- Ensuring the product is suitable for the door and application
- Correct positioning and installation
- Correct fixing and adjustment
- Following the applicable Cleverseal installation instructions
Any issue arising from incorrect installation, installation workmanship, incorrect product selection, measurements, positioning, fixing or adjustment is not a manufacturing fault in the Cleverseal product and is not covered by this manufacturer's warranty.
The use of a third-party installer does not, by itself, exclude or invalidate the Cleverseal manufacturer's warranty for a genuine manufacturing fault in the Cleverseal product.
Where the Cleverseal product itself is proven to have a manufacturing fault, the warranty may apply regardless of whether the product was installed by the customer or a third-party installer, subject to these terms and conditions and applicable law.
6. Door Compatibility and Surface Contact
The customer and/or installer is responsible for ensuring that the selected Cleverseal product is suitable for the specific door, door surface, coating, finish and application.
Customers and installers should confirm compatibility with the door manufacturer where there is any uncertainty regarding the suitability of a Cleverseal product for a particular door surface, coating or finish.
In particular, brush seals may make continuous contact with the surface of a garage door during normal operation.
Ongoing contact and friction between a brush seal and a door surface may, over time, cause rubbing, marking, scuffing, staining, abrasion or other changes to the door surface or finish.
The compatibility and durability of the door surface, coating or finish when exposed to continuous contact with a brush seal is outside the control of Cleverseal.
Any damage or deterioration to a door surface, coating, paintwork or finish resulting from contact or friction with a Cleverseal product is not considered a manufacturing fault in the Cleverseal product and is not covered by this manufacturer's warranty.
7. Product Maintenance
Brush seals must be regularly inspected, maintained and kept clean and free from accumulated dust, dirt, grit and other debris.
Regular cleaning and maintenance is important to minimise friction between the brush and the door surface during operation.
The required frequency of cleaning will depend on the installation environment and the level of dust, dirt and debris present.
Failure to properly inspect, clean and maintain the brush seal may contribute to increased friction, wear, marking or damage to the door surface.
Such damage is not covered by this manufacturer's warranty.
8. Warranty Exclusions
Subject to any rights and remedies that cannot lawfully be excluded under the Australian Consumer Law, this manufacturer's warranty does not cover:
- Incorrect installation or installation workmanship
- Incorrect product selection or application
- Incorrect measurements, positioning, fixing or adjustment
- Damage caused during installation, removal or adjustment
- Damage arising from the acts or omissions of an installer
- Damage caused by misuse or negligence
- Failure to properly inspect, clean or maintain the product
- Damage caused or contributed to by accumulated dust, dirt, grit, debris or other contaminants
- Damage caused by chemicals, solvents or incompatible cleaning products
- Unauthorised modification, alteration or repair
- Normal wear and tear
- Accidental damage
- Damage caused by environmental exposure or conditions outside the specified product application
- Damage to a door, door finish, coating, paintwork or other property caused by contact or friction with a Cleverseal product
- Damage arising from incompatibility between a Cleverseal product and the door, door surface, coating or finish
- Damage to Cinderseal products caused by intense heat or conflagration
- Labour, installation, removal, reinstallation or adjustment costs
- Installer, contractor or tradesperson costs
- On-site service or attendance costs
- Damage to or replacement of the door or other property
- Any indirect, consequential or incidental loss or damage, to the extent such loss or damage may lawfully be excluded
9. Return-to-Base Warranty
This manufacturer's warranty is Return-to-Base (RTB) and applies to the Cleverseal product only.
The warranty does not include labour, installation, removal, reinstallation, adjustment, on-site service or installer costs.
Where Cleverseal requests that a product be returned for warranty assessment, the claimant is responsible for suitably packaging the product to prevent damage during transportation.
Subject to applicable law, the claimant is responsible for the costs of returning the product to Cleverseal, including freight and insurance.
Cleverseal is not responsible under this manufacturer's warranty for costs associated with:
- Removing the product
- Reinstalling the product
- Adjusting the product or door
- Installing replacement product
- Installer or contractor attendance
- Labour or on-site service
- Repairing or replacing the door or other property
- Transportation or delivery of replacement product
Nothing in this section excludes or limits any costs or remedies that Cleverseal is required to provide under the Australian Consumer Law.
10. Product Inspection
Cleverseal may require the product to be returned to its NSW factory for inspection before a warranty claim is approved.
Products returned for assessment must be suitably packaged to prevent damage during transportation.
Cleverseal will assess the returned product to determine whether a manufacturing fault exists.
Where a manufacturing fault covered by this manufacturer's warranty is confirmed, Cleverseal will provide the applicable remedy in accordance with these terms and conditions and any rights available under the Australian Consumer Law.
Where the product is found not to have a manufacturing fault, the claim may be declined.
11. Liability
To the extent permitted by law, Cleverseal's liability under this manufacturer's warranty is limited to the remedies available under these terms and conditions.
Cleverseal is not liable under this manufacturer's warranty for labour costs, installation costs, removal or reinstallation costs, loss of use, damage to doors or other property, indirect consequential or incidental loss or damage, except where such liability cannot lawfully be excluded or limited.
Nothing in these terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law.
12. General Conditions
This manufacturer's warranty:
- Applies to Cleverseal products originally purchased in Australia
- Commences from the original date of sale
- Applies for 60 months, subject to these terms and conditions
- Covers the Cleverseal product only
- Does not provide a warranty for installation services or installation workmanship
- Does not cover damage to doors, door surfaces, coatings, finishes or other property
- Does not cover normal wear and tear
- Does not cover products that have been modified, repaired or altered without Cleverseal's approval
Cleverseal reserves the right to modify or discontinue products and product specifications without notice. Such changes will not affect a customer's existing rights in relation to products already purchased.
Submission of a warranty claim does not constitute acceptance of liability by Cleverseal.
All claims under this manufacturer's warranty are subject to assessment in accordance with these terms and conditions.
13. How to Make a Warranty Claim
Warranty claims should be submitted to:
Cleverseal
Karmen International Solution Systems Pty Ltd trading as Cleverseal
Mulgrave, NSW, Australia
Phone: 1300 887 438
Email: sales@cleverseal.com.au
The claimant should provide the information outlined in Section 3 of these terms and conditions.
Cleverseal will assess the claim and may request additional photographs, additional information or return of the product for inspection before determining whether the claim is covered by this manufacturer's warranty.
14. Australian Consumer Law
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.
The benefits provided by this manufacturer's warranty are in addition to any rights and remedies available to consumers under the Australian Consumer Law.
Nothing in these terms is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot legally be excluded, restricted or modified.
Where a Cleverseal product has a major failure or otherwise fails to meet a consumer guarantee under the Australian Consumer Law, the customer's rights and remedies will be determined in accordance with applicable law.
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