Thompson Safety Pty Ltd (TS) warrants that all goods supplied by Thompson Safety during the term of this warranty (unless already covered by any other manufacturer’s warranty) shall be free from defects in materials and workmanship for a period of 12 months from the date of purchase. Thompson Safety agrees pursuant to this Warranty to repair, replace, reinstate, at its option.
This Warranty is given subject to the ownership of the Product being validated and Thompson Safety is satisfied upon examination of the alleged defect/damaged is a result relating to the failure of components or manufacture of the Product. Defects occasioned by normal wear and tear will not be considered within this Warranty. Where any parts are returned under the terms of this Warranty a Buyer must not make any deduction on account thereof from remittances or current accounts while claims are in process of disposition.
Claims hereunder can only be accepted if lodged by the customer at an authorized service centre of Thompson Safety. Claims must be made in the form of a written failure report accompanied by proof of purchase of the Product.
Thompson Safety shall in no circumstance be liable under the Warranty in contract or tort (including negligence) for any consequential loss or damage of any nature arising through any alleged damage/defect caused by the Product.
This Warranty does not purport to, and does not have the effect of, excluding, restricting or modifying the exercise of any right or remedy in respect of the Product which the Buyer has under the Trade Practices Act or other relevant legislation which cannot be lawfully excluded, restricted or modified.
The Warranty will not apply to:
- Any mechanical adjustments, parts, replacements, repairs or other servicing which in the judgement of Thompson Safety are made or should be made as maintenance.
- Any defect caused by work having been carried out on the vehicle not in accordance within Thompson Safety’s recommendations.
- Any defect caused by an alteration or modification not approved by Thompson Safety.
- Any defect caused by fitment of parts that are not made or approved by Thompson Safety.
- Any defect caused by misuse, negligence, accidents, immersion in water or as a direct result of failure to carry out recommended installation procedures.
- Damage caused by continued operation of the vehicle after it is known to be defective.
- Loss of use of the vehicle/ loss of time/ inconvenience or other consequential damages are not covered under this warranty.
End User Responsibility
Your duty of disclosure
- You have a duty to disclose to Thompson Safety every matter that you know, or could reasonably be expected to know, is relevant to Thompson Safety’s decision whether to accept the risk of the loss/damage and, if so on what terms.
- If you fail to comply with your duty of disclose, Thompson Safety may be entitled to reduce its liability under the warranty in respect of a claim or may cancel the warranty.
- If your non-disclosure is fraudulent Thompson Safety may also have the option of voiding the warranty from its inception.