1. Warranty Coverage
1.1 Subject to the terms and conditions below, Midel warrants that products imported, sold, distributed and repackaged; together with carburettor’s rebuilt, refurbished and remanufactured by it (“Products”) shall be free from defects in material and/or workmanship for the applicable Warranty Period.
1.2 The Warranty only applies to the Products as specified at Item 1 of The Details.
1.3 Your details are at Item 2 of The Details.
1.4 The Warranty does not cover the following:
(a) Your tax obligations;
(b) The cost of labour for installation of replacement parts;
(c) Any defects to the vehicles to which the Midel Product is attached/fitted;
(d) The costs of a third party repairer or third party supplier;
(e) Consequential loss, including but not limited to any of the following:
(i) Shipping charges for replacement parts;
(ii) Transportation costs to bring the Products to Midel premises;
(iii) Travel to and from repair sites;
(iv) Damages related to loss of use;
(v) Demurrage expenses; and/or
(vi) Damages to property or other equipment including crops and public or private roads.
2. Warranty Period
2.1 The Warranty Period commences from the Date of Supply of the Products to you.
2.2 The Date of Supply means the date in Item 3 of The Details.
2.3 This Warranty terminates at the expiration of the period stipulated at Item 4 of The Details.
2.4 Any Warranty claims made pursuant to Clause 4 of this Warranty must be received by Midel within the Warranty Period whichever is the earliest.
3. Extended Warranty
3.1 In addition to the Warranty Period referred to at Clause 2, you may purchase at the Extended Warranty Purchase Price an Extended Warranty.
3.2 Midel may agree to provide you with an Extended Warranty at any time in its absolute discretion.
3.3 The Extended Warranty period is defined at Item 5 of The Details.
3.4 The Extended Warranty Purchase Price is defined at Item 6 of The Details.
4. How to make a Warranty claim
4.1 All claims made under this Warranty must be made:
(a) in writing in the form which is Annexed to this Warranty as Annexure B;
(b) sent by post (faxed and/or emailed Warranty claims will not be accepted); and
(c) be sent as soon as practicable.
4.2 Midel may refuse in its absolute discretion to accept any Warranty claims which are not made in accordance with these Terms and Conditions.
5. Midel’s Warranty Obligations
5.1 Midel must respond to your Warranty claim within a reasonable time.
5.2 Midel may in its absolute discretion inspect the Products for the purposes of identifying the cause of the defect complained about in a Warranty claim.
5.3 Your exclusive remedies under this Warranty during the Warranty Period shall be, at Midel’s sole discretion:
(a) Repair; or
(b) Replacement; or
(c) Payment of credit for the original purchase price of the Products.
6. Costs of Warranty claim
6.1 If Midel requests to inspect the Product for the purposes of your Warranty claim, you must deliver the Product to the Midel premises at your own cost.
6.2 Subject to Clause 6.3, Midel may in its absolute discretion require you to pay its costs of labour and any parts related to an inspection by Midel of your Products which was undertaken as a result of your Warranty claim.
6.3 If Midel inspects the Products pursuant to your Warranty claim and discovers a defect which is covered under this Warranty, Midel will not charge you the costs of that inspection.
7. Your Servicing and Repair requirements
7.1 You must regularly inspect and service the Products at your own cost in accordance with the recommendations in the Midel maintenance guidelines.
7.2 It is your responsibility to carry out maintenance and repairs and use genuine Midel replacement parts.
8. Your Reporting Requirements
8.1 If you observe in the Product any of the following, you must advise Midel as soon as practicable:
(a) any leakage of water or other liquid;
(b) any rusting whatsoever;
(c) any cracks or dryness, perishing of rubber or gasket;
(d) any reduced water/coolant system pressure;
(e) any reduction or inconsistency in oil pressure; and
(f) any reduced performance.
9. Conduct which voids this Warranty
9.1 This Warranty shall not apply if any fault, flaw or deficiency has been caused by (whether partially or fully) or arises from any of the following:
(a) product operator negligence or misconduct;
(b) casualty or accident to the Products;
(c) product used in race, competition, modification or off-highway;
(d) use and/or operation of the products inconsistent with manufacturer’s training and/or operation manuals or equivalent as published and/or advised from time to time;
(e) use and/or operation of the Products exceeding Midel’s ratings for the Products including misuse and/or abuse whether intentional or unintentional;
(f) maintenance, catalogue, service and/or repair of the Products inconsistent with manufacturer’s recommended service and maintenance schedules and operations manuals or equivalent as published and/or advised from time to time;
(g) improper installation of Product which is materially inconsistent with manufacturer’s specifications;
(h) unauthorised modifications or alterations you have made to the Products;
(i) transportation damage;
(j) fair wear and tear;
(k) continual use of the product after signs of faulty or damaged product pursuant to Clause 8.1;
(l) product that have had their name, manufacturing number or trade mark removed;
(m) abuse and/or misuse of product including but not limited to:
(i) use of the Product for a purpose which was not the intended purpose you disclosed to Midel at the time of supply;
(ii) operation of product with unsuitable or inadequate lubricant or coolant;
(iii) filling tank or spraying of liquids or substances which corrode the product or are otherwise not recommended by Midel;
(iv) over fuelling or under fuelling the tank;
(v) overloading the product; or
(vi) excessive exposure to extreme weather;
(n) acts of God (including natural disasters); and/or
(o) any use of non-original manufacturer’s parts or equipment
10. Transfer of Warranty
10.1 This Warranty and Extended Warranty transfers automatically with the ownership of the Products.
10.2 The Terms and Conditions of this Warranty apply without alteration to any successor in title to the Products.
11. Midel contact details
Postal address: The Warranty Officer, Midel
PO Box 122 Greenacre NSW 2190
Telephone (02) 9759 5598
12. Australian Consumer Law Statement
Our goods come with guarantees which 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.
13.1 The benefits to you which arise out of this Warranty are in addition to your other rights and remedies which you have at law in relation to the Products.
13.2 Entire Agreement
(a) The only enforceable rights, obligations and liabilities of the parties in relation to the subject matter herein are those that arise out of the provisions contained in this Warranty.
(b) All representations, communications and prior agreements in relation to the subject matter herein are merged in and superseded by this Warranty.
13.3 Liability of Parties
(a) If two or more parties are included within the same defined term in this Warranty:
(i) A liability of those persons under this Warranty is a joint liability of all of them and a several liability of each of them;
(ii) A right given to those parties under this Warranty is a right given severally to each of them; and
(iii) A representation, warranty or undertaking made by each of them is made by each of them in respect of itself/himself/herself.
An amendment or variation to this Warranty is not effective unless it is in writing and signed by all of the Parties.
(a) The non-exercise of or delay in exercising any power or right of a Party does not operate as a waiver of that power or right nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other power or right, subject to Clause 13.10..
(b) A power or right may only be waived in writing signed by the Party to be bound by the waiver.
13.6 Governing law and jurisdiction
(a) The law of New South Wales governs this Warranty.
(b) The parties submit to the exclusive jurisdiction of the Courts of New South Wales and of the Commonwealth of Australia.
13.7 Further assurance and good faith
(a) Each party must promptly at its own cost do all things (including but not limited to executing all documents) necessary or desirable to give full effect to this Warranty.
(b) Each Party must act in good faith, honestly and reasonably in the performance of its obligations under this Warranty with the object of achieving the commercial efficacy intended under this Warranty.
13.8 Interpretation of this Warranty
The legal doctrine that a construction less favourable to the person putting forward this instrument should be adopted against it shall not apply to this Deed.
Any provision of this Deed which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable and if it is otherwise capable of being severed to the extent of the invalidity or unenforceability without affecting the validity or enforceability of any provision in any other jurisdiction then it may be severed.
13.10 Time is of the essence
Time is of the essence in this document in respect of any obligation to bring any Warranty claim within the Warranty Period.