LIMITED PRODUCT WARRANTY CONDITIONS
1. Subject to the terms and conditions outlined in this express warranty, Miners Den Australia (ABN 567 905 901 50) (“Miners Den”) warrants that its second-hand products (“Products”) will be free from defects in materials or workmanship for the period of 3 months (“Miners Den Warranty”).
2. The Warranty Periods in respect of each of the Products will commence on the date of purchase of the relevant Product. To avoid doubt, such date will appear on the customer sales receipt obtained by the purchaser of the Product(s) at the time of purchase (“Date of Purchase”).
3. This warranty will not be effective unless:
3.1. Miners Den is notified in writing of any alleged defect within 30 calendar days of the Purchaser first becoming aware of the alleged defect
3.2. after notifying Miners Den of the alleged defect, the Purchaser complies with all reasonable directions issued by Miners Den in relation to the assessment of the fault and the return and/or repair of the relevant Products
4. To the maximum extent permitted by law this warranty:
4.1. is extended to the purchaser identified in the Warranty Registration Form (“Purchaser”) and is transferable to a legitimate subsequent owner residing within the country of the original purchase;
4.2. does not extend to any indirect or consequential loss or damage, including but not limited to indirect or consequential loss suffered as a result of a failure in the operation or performance of the Products sold, repaired or serviced;
4.3. does not cover any loss of income or expenses claimed or incurred as a result of failure of the Products;
4.4. does not cover damage caused by accident, misuse, negligent act or omission, alteration, modifications or unauthorised service by the Purchaser or any other party;
4.5. commences on the Date of Purchase and expires at the end of the relevant Warranty Period;
4.6. is limited to operation of the Products under normal use and in accordance with Minelab’s printed instructions; and
4.7. is limited to repair, replacement, service or refund (at Miners Dens sole discretion) of any part or parts which are returned to Miners Den Minelab Authorised Service Centre, and which on Miners Den examination conclusively appears to be defective.
5. Purchasers must return any defective Products to Miners Den Authorized Minelab Service Centre at Bendigo. The Purchaser is responsible for all freight, insurance, taxes, duties and any costs of returning the relevant Product to Miners Den Authorised Service Centre. If it is determined that the Purchaser’s warranty claim is valid, the repaired or replaced Product will be returned to the Purchaser at Miners Den cost. If the claim is determined by Miners Den to be invalid, the Purchaser will be responsible for meeting the costs of having the relevant Product returned to it, together with the costs of repair/replacement of the Product by Miners Den Authorised Service Centre(if any).
6. Miners Den Warranty is limited as set out above. Subject to all relevant laws in each jurisdiction within which the warranty operates, and clauses 8, 9 and 10 below, no other warranty, guarantee or representation as to the Products or their performance is made or given by Miners Den.
7. The benefits conferred by this warranty are in addition to all other non-excludable warranties, conditions, guarantees, rights and remedies in respect of the Products that a warranty holder may have under the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“ACL”) and corresponding laws in each jurisdiction within which the warranty operates from time to time (“Non-Excludable Terms”).
8. To the extent permitted by law, Miners Den liability for any Non-Excludable Term applicable under the ACL or equivalent laws is limited to (at Minelab’s option):
8.1. in the case of goods - replacement of the goods or the supply of equivalent goods, repair of the goods, payment of the cost of replacing the goods or acquiring equivalent goods, or payment of the costs of having the goods repaired; and
8.2. in the case of services - the supply of the services again or payment of the cost of having the services supplied again.
9. Miners Den provides the following advice to all Purchasers who are consumers as defined by the ACL and to whom the ACL applies, as required by the ACL:
9.1. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with services, you are entitled:
9.1.1. to cancel your service contract with us; and 9.1.2. to a refund for the unused portion, or to compensation for its reduced value.
9.2. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
9.3. Please note that the term “major failure” as used in clause 9.1 has a defined meaning under the ACL.
10. Miners Den advises Purchasers that any servicing or repair of the Products undertaken by Minelab or a Minelab Authorised Service Centre, regardless of whether undertaken as a result of a valid claim being made by a Purchaser under Minelab’s Warranty, may result in the loss of data stored on the Products (user-generated data).
11. If any provision of this document is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this document or affecting the validity or enforceability of that provision in any other jurisdiction.