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Guarantee

This ESAM Warranty is given by ESAM Australia Pty Ltd ABN 45 082 743 093 of 5 Sheppard Street, Thornbury Vic 3071 Ph: 03 9484 5719 Fax: 03 9484 4052. All Warranty claims must be made through the ESAM office from which the Products are purchased or ordered.

Warranty Terms

  1. Definitions
    In this warranty:
    ACL means Australian Consumer Law.
    ESAM means ESAM Australia Pty Ltd ACN 45 082 743 093 of 5 Sheppard Street, Thornbury Vic 3071.
    Product(s) means an ESAM product sold by ESAM from time to time.
    Purchaser means the purchaser of a Product from ESAM.
    Warranty Period means (unless otherwise stated):

    1. for the ESAM range of compressors - 5 years, from the date of purchase of the Product;
    2. for the ESAM range of Side Chanel Blowers – 5 years, from the date of purchase of the Product;
    3. in respect of all other ESAM Products – 1 year, from the date of purchase of the Product;
    4. in respect of repairs undertaken to ESAM Products by ESAM or its authorised representatives– 6 months, from the date of repairs on the parts repaired.
  2. Defect Liability
    ESAM warrants to the Purchaser that the Products will be free from faulty design, material and workmanship during the Warranty Period provided always that:

    1. such Products have been properly handled and used under normal operating conditions and have been maintained in accordance with ESAM’s operating manuals and instructions;
    2. such defects are not caused by incorrect use of operating material or faulty civil or mechanical work, unsuitable environmental conditions or other chemical, electrochemical and/or electrical influences which have not been provided for in any supply contract or ESAM’s operating manuals and instructions;
    3. the defects do not result from the use of a design specified by the Purchaser;
    4. the Purchaser promptly notifies ESAM in writing when the alleged defect occurs;
    5. the Purchaser has fulfilled the Purchaser’s contractual obligations;
    6. such defects do not result from unauthorised repairs, work undertaken by an unqualified person or alterations to the Products;
    7. such defects are not caused by the use of equipment and/or materials supplied by the Purchaser;
    8. ESAM shall not be obliged to repair goods of a consumable nature, goods liable to deterioration or those having a low rated service life, without limitation, including electric lamps, rubber items, intensifying screens, batteries, flexible leads, vacuum elements, crystals, electronic valves and glass components;
    9. ESAM shall not be obliged to repair defects due to fair wear and tear, improper storage, excessive heating, inadequate ventilation, mechanical vibration, overloading or contravention of the rules established in standard electrical practice;
    10. this Warranty is subject to the manufacturer’s specific restrictions and conditions (if any).
  3. Making Claims
    To claim under this Warranty you must:

    1. in respect of any Product which is defective in materials or performance at the time of delivery:
      1. eport visible damage and shortages to the carrier and to ESAM within 24 hours after delivery;
      2. report concealed damage or shortages involving cartons or packages received intact to ESAM within 7 days after receipt,failing which the shipment shall be deemed accepted;
    2. in all other cases, promptly notify ESAM when the defect occurs.
    Claims must be made through the ESAM office from which Products were purchased or ordered.
  4. Repair or Replacement

    1. Where any defects of the type referred to in clause 2 arise during the Warranty Period, ESAM will at its option:
      1. make good the defect by repairing or replacing the Products or suppling replacement Products;
      2. replace the Products or suppling equivalent Products as replacement Products; or
      3. pay the cost of replacing or acquiring Products; or
      4. pay to repair the Products; or
      5. supply the service again; or
      6. pay the costs of that service;
    2. Any credits provided by ESAM for defective Products will be based upon the original purchase price of the Products charged to the Purchaser.
  5. Return of Defective Product or Parts
    If the Purchaser makes a claim in accordance with clause 3 of an alleged defect which cannot be rectified onsite, the Purchaser shall if ESAM so requires promptly, return the defective Product to ESAM for repair. Where the Warranty in clause 2 applies, ESAM shall remove the defective part(s) and install new, repaired or replacement part(s) at its own expense and all removed defective part(s) which shall become the property of ESAM upon their removal.
    Delivery of defective Products (of the type referred to in clause 2) as directed by ESAM or the return of new, repaired or replacement Products to the Purchaser shall be at ESAM’s expense and risk. Reasonable expense incurred by the Purchaser when returning a defective Product will be refunded to the Purchaser when submitted to ESAM with evidence of payment by the Purchaser.
    If the Purchaser is a “Consumer” under the ACL:

    1. our Products come with consumer guarantees that cannot be excluded under the ACL. 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 Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure;
    2. but if the Products or services supplied are respectively not of a kind ordinarily acquired for personal, domestic or household use or consumption:
      1. hen the Purchaser’s rights shall be governed by the provisions of the ACL or any such other federal, state or territory laws of Australia to the extent that such liability may not be excluded by express agreement;
      2. any claim for compensation is limited to:
        1. replacing the Product;
        2. repairing the Product;
        3. payment of the cost of replacing the Product; or
        4. payment of the cost of having the Product repaired at the election of ESAM.
    The benefits to the Purchaser given by this Warranty are in addition to other rights and remedies available to the Purchaser under the ACL or any other relevant law.
  6. Limitation of Liability
    Other than as specified in clause 5, ESAM shall not be under any liability whether in contract, tort (including negligence) or otherwise for any injury, damage or loss including indirect and consequential loss or damage or loss of profit or revenue arising out of or in connection with breach of Warranty (including any work performed under it), breach of contract, negligence or otherwise.

  7. Product Updates
    Information relating to ESAM’s Products can be found on the ESAM website www.sidechannelblowers.com.au