16. Liability / Warranty

16.1 Except as the Terms specifically state, or as contained in any express warranty provided in relation to the goods or services, the Agreement does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.

16.2 Williams products are not designed for nor have the appropriate certifications, licences or accreditations for use in personal, domestic or household applications. The Customer warrants that Williams products will not be used for such applications. To the extent permitted by law, Williams specifically does not warrant its products used in such applications.

16.3 If the Customer is a consumer nothing in these Terms restricts, limits or modifies the Customer’s rights or remedies against Williams for failure of a statutory guarantee under the ACL.

16.4 If the Customer on-supplies the goods to a consumer and:

(a) the goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then the amount specified in section 276A(1) of the ACL is the absolute limit of Williams’ liability to the Customer;

(b) the goods or services are of a kind ordinarily acquired for personal, domestic or household use or consumption, payment of any amount required under section 274 of the ACL is the absolute limit of Williams’ liability to the Customer; howsoever arising under or in connection with the sale, installation, use of, storage or any other dealings with the goods or services by the Customer or any third party.

16.5 If clause 16.2 or 16.4 do not apply, then other than as stated in the Terms or any written warranty statement Williams is not liable to the Customer in any way arising under or in connection with the sale, installation, use of, storage or any other dealings with the goods or services by the Customer or any third party.

16.6 Williams is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including but not limited to loss of perishables, loss of turnover, profits, business or goodwill or any liability to any other party except to the extent of any liability imposed by the ACL.

16.7 Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.

16.8 Where the Customer is a consumer, the following mandatory statement applies:

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.

16.9 Williams warrants, subject to the exclusions and limitations below, the goods will be free from defects in materials and workmanship for the applicable warranty period set out below (“Warranty”)

16.10 Subject to the remainder of clause 16, Williams, in its reasonable discretion if it deems necessary, will repair or replace any goods to remedy any fault covered by Warranty, provided that:

(a) the goods may have acceptable variance; and

(b) any replacement or repaired goods will only be warranted for the unexpired portion of the Warranty period attached to the original goods.

16.11 Unless stated otherwise, our standard warranty period and product covered is;

(a) Self-contained units, 24 months from our original invoice date;

(b) Units connected to a remote condenser, 12 months parts only warranty from our original invoice date;

(c) Spare parts, 3 months from our original invoice date. 16.12 Provision of the Warranty is subject to:

(a) the Customer not being in breach of these Terms or any additional Agreement as may be in place;

(b) proof of purchase of the goods being directly from Williams or an authorised distributor or agent of Williams;

(c) Williams’ or its representative, at its option, having access to the goods for the purposes of inspection and verification of any claim;

(d) the Customer accepting an invoice for any replacement parts claimed under Warranty, which will be reimbursed, excluding freight costs, only after confirmation of the claim by Williams;

(e) the full payment of any invoices rendered by Williams to the Customer for non Warranty work;

(f) the Customer has not repaired or undertaken to repair the goods without prior authorisation from Williams nor altered the goods in any way;

(g) the Customer uses and maintains the goods in accordance with Williams’ instructions and in accordance with commonly accepted operating practices;

(h) the Customer providing written notice within 3 days of delivery of any goods that it believes do not meet specifications or goods that are defective; and

(i) correct storage, siting and installation of the goods in accordance with Williams’ instructions.

16.13 The following Warranty exclusions apply:

(a) any product which Williams publishes as excluded from application of this Warranty;

(b) any product for which the Warranty period published by Williams (in advertising material or otherwise) differs from the Warranty period outlined above;

(c) defects or malfunctions that are the result of incorrect or poor maintenance by the Customer;

(d) damage or alteration to the goods arising from circumstances outside the direct control of Williams, including, without limitation, power surges, disruptions, flooding, fire or acts of god or where the goods are not used for their intended purpose;

(e) any part of a refrigeration cabinet which has been subject to misuse, neglect, alteration or changed in any manner, incorrect installation or accident that has been caused by the Customer or its invitee;

(f) the failure of goods that have been supplied to a Customer’s specification or design and that failure was caused by a Customer specification or design fault;

(g) any problem that might arise due to poor installation or siting of the goods, including but not limited to, lack of sufficient fresh air circulation, marine or mobile applications;

(h) any problem that might arise out of the installation of remote cabinets, including but not limited to, blockages or leaks in the refrigeration system, replacement refrigerant and components including TX valves, and wiring issues with controllers;

(i) any third party equipment that the Customer might have specified;

(j) any installation or removal costs necessary to access or service the goods;

(k) any time spent on security clearance, inductions and suchlike;

(l) damage to, or breakage of, glass doors, gaskets, power leads, hinges, lights or plastic components; and

(m) the failure of gaskets, lights, hinges, locks, TX valves and batteries. 16.14 Williams reserves the right to replace defective parts of the goods with parts and components of similar quality, grade and composition where an identical part or component is not available.

16.15 Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.

16.16 The Customer warrants to use the goods in accordance with:

(a) any instructions provided to it by Williams from time to time;

(b) all government and local regulations, including but not limited to all relevant environmental laws and regulations governing the storage, installation, use, handling, maintenance and disposal of the goods.

(c) all necessary and appropriate precautions and safety measures relating to the storage, installation, use, handling and maintenance of the goods.

(d) Williams’ approved Warranty work undertaken by authorised service agents is arranged during our normal working hours only (generally Monday – Friday, 8am to 4.30pm, excluding public holidays).

16.17 The Customer bears the cost of making the Warranty claim.

16.18 Approved Warranty repair work will be conducted for free only on the Australian mainland and within 50kms of a Williams Authorised service agent premises. If the Customer is located more than 50km away, then any distance will be charged to the Customer on the excess at commercial rates.

16.19 Williams makes no express warranties or representations other than as set out in this clause 16.

16.20 The repair or replacement of the goods or part of the goods is the absolute limit of Williams’ liability under the Warranty.

16.21 The benefits of this Warranty are in addition to any rights and remedies imposed by Australian State and Federal legislation that cannot be excluded.

16.22 In the case of goods not manufactured by Williams but are sourced from third parties and supplied by Williams, this Warranty will not operate to extend the terms of the original manufacturer of those goods.

16.23 Our contact details are:

Williams Refrigeration Pty Ltd

38-42 Gaine Road

Dandenong South, Victoria, 3175

Ph: 03-8787 4747

Fax: 03-8787 4787

Email: [email protected]