GUTTER CARE TERMS OF TRADE7. Warranties
7.1 Except to the extent of written warranties given by GutterCare
to the Customer, all warranties and representations in respect of the goods or
services supplied are excluded, including (to the extent permitted by law) those
expressed or implied by law. Where any written warranty conflicts with Clause 7
of these Terms of Trade the provisions of the written warranty as applicable
7.2 We shall not be liable:
(a) Where you have altered or modified the goods, misapplied the goods or have subjected them to any unusual or not recommended use, servicing or handling.
(b) For loss caused by any factors beyond our control;
(c) For any indirect or consequential loss of any kind;
(d) For any second-hand goods; and
(e) Where the terms of any written warranty have not been complied with, or any manufacturers handbook provided to you has not been complied with.
7.3 Our total liability under any warranty for defective or damaged goods supplied by us or damaged to personal property caused by us is limited at our option to either:
(a) Replacing or repairing the defective or damaged goods and property; or
(b) Refunding the price of the defective or damaged goods.
7.4 Goods or property identified to us as damaged or defective may be inspected by us at our discretion.
7.5 Any return of goods and/or requests for credit on goods returned shall be subject to the following conditions:
(a) All claims must be received by GutterCare within five (5) days of delivery of the goods or provision for services (as appropriate). Where applicable the dispatch number and/or invoice number must be quoted by the Customer;
(b) All payments must specifically identify the defect and where possible in relation to goods be accompanied by the defective goods or a sample thereof;
(c) GutterCare shall have a reasonable opportunity to investigate the claim;
(d) GutterCare may at its complete discretion replace it with a credit for goods and services supplied and established to be defective and this replacement or credit shall be deemed to fully satisfy any claim by the Customer in respect of any such goods or services;
(e) Good purchased by the Customer are non-returnable, both imported or local goods unless it is agreed in writing within five (5) days following receipt of goods by the Customer in which case a re-stocking fee of up to 35% of the value of the goods supplied may apply;
(f) Goods sought to be returned which have been altered, damaged, incorrectly stored, cut or otherwise processed in any way will not be accepted.
If GutterCare replaces defective goods it shall deliver such goods to the Customer at the Customer's premises at Gutter Care's risk and expense.