SUPPLIER Warranty Policy
Not all products require or have warranties. Suppliers whose products do have Warranty Policies are as follows:
Your Alemlube product is warranted to the original user against defects in workmanship or materials under normal use for a period of twenty-four months* after purchase date unless stated otherwise. Any product which is determined to be defective in material and workmanship and returned to Alemlube P/L, shipping costs prepaid, will be repaired or replaced at Alemlube’s option. This warranty also covers parts that are subject to wear such as O rings, packings, seals, springs, electronic and even electrical components. The warranty does not cover damage or failure which in the judgment of Alemlube arises from misuse, abrasion, corrosion, negligence, accidental damage, faulty installation or tampering. If Alemlube inspection discloses no defect in material or workmanship, repair or replacement and return will be made at customary charges. Alemlube has made a diligent effort to accurately illustrate and describe its product in all its literature. However, such illustrations and descriptions are not a warranty. The above express warranty is in lieu of and excludes all other warranties, express or implied, including, without limitation, merchantability or fitness for a particular purpose. The purchaser shall give written notice of any claim to Alemlube within ten days after discovery of any alleged defect. Alemlube shall not be liable for consequential damages, losses, delays, labour costs or any other expense directly or indirectly arising from the use of the product, its liability is expressly limited to the replacement or repair of any defective product or an allowance of credit, therefore. The remedy and recovery of the purchaser on ant claim against Alemlube, whether based on the contract of this warranty or any alleged negligence shall be as stated and limited herein and shall be exclusive.
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects, and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
(3) Insofar as you are a business, the following difference applies to the aforementioned warranty regulations:
a) It is understood that the details provided by us and the product description provided by the manufacturer are the only things that represent the properties and condition of the product in question. Other advertisements, blurbs, and statements issued by the manufacturer are not considered to be representative of the properties and condition of the said product.
b) If the goods are found to be faulty, we shall reserve the right to repair the goods or deliver replacements. If the defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt unless the circumstances prove otherwise, in particular, due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfillment, as far as the transfer does not correspond to the intended use of the item.
c) The warranty period amounts to a period of one year after delivery of the product. The reduction in time-limit does not apply:
- to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
- insofar as we have willfully concealed the defect or accepted a warranty for the quality of the goods;
- to goods which are used for a building in accordance with their normal use instructions and whose defects were caused by this;
- for statutory recourse claims, which you have against us in connection with warranty rights.
6 Choice of law, place of fulfillment, jurisdiction
(1) Australian law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfillment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Australia or New Zealand, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.