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26 CS 4030
22 WARRANTY
22.1 Warranty provider
22.1.1 The Warranty set out below is provided
by Masport Limited, a New Zealand
company located at 1-37 Mt Wellington
Highway, Panmure, Auckland 1060,
New Zealand and Masport Australia
Pty Ltd., 1/40 Abbotts Rd, Dandenong
South, Victoria 3175 Australia. For any
questions regarding this Warranty or to
make a warranty claim call 0800 627
767 (New Zealand) or 1300 366 225
(Australia), or contact your local Masport
Specialist retailer.
22.2 General warranty coverage
22.2.1 The New Zealand Consumer Guarantees
Act 1993 (“New Zealand Consumer
Act”) and the Australian Competition
and Consumer Act 2010 (including
the Australian Consumer Law 2011)
(“Australian Consumer Law”), as well as
other laws in each of those jurisdictions,
guarantee or imply certain conditions,
warranties and undertakings, and give
you other legal rights, in relation to
thequalityandtnessforpurposeof
our products sold in New Zealand and
Australia respectively.
22.2.2 For products sold in New Zealand, these
conditions, warranties and undertakings
cannotbemodiedorexcludedbyany
contract, except in those circumstances
contemplated by section 43(2) of the
New Zealand Consumer Act.
22.2.3 For products sold in Australia, our goods
come with guarantees that cannot be
excluded under the Australian Consumer
Law. You are entitled to a replacement
or a refund for a major failure and for
compensation for any other reasonably
foreseeable loss or damage. You are
also entitled to have the goods repaired
or replaced if the goods fail to be of
acceptable quality and the failure does
not amount to a major failure. What
constitutes a major failure is set out in the
Australian Consumer Law.
22.3 Warranty
22.3.1 Masport warrants to you that each
Product will be free from material defects
in workmanship
or materials from the date the Product is
originally purchased until the end of the
warranty
period set out in the table below;
Garden Products Warranty
Period
Energy Flex Products 4 years
Li-ion Batteries and Charger 3 years
22.3.2 Energy Flex product range is not
intended for commercial use. Any
commercial use as well as unauthorised
conversions or add-ones will void this
warranty agreement.
22.3.3 Masport will repair or replace (at
Masport’s sole option) any Product that
does not comply with the Warranty.
The repair or replacement by Masport
may be performed by a Masport agent
or Specialist Retailer. You will not be
charged for any labour costs involved in
the repair or replacement but must bear
the cost of transporting or delivering
the Product to and from the location of
the Masport agent or Specialist Retailer
where the warranty claim is made.
22.3.4 Masport warrants that repair facilities
and spare parts will be made available
for each Product only from the date the
Product is originally purchased until the
end of the applicable warranty period as
stated in clause 22.3.1 above, but for no
longer period.
22.4 Exclusions from Warranty
22.4.1 No warranty is given under clause 22.3
where any defect, malfunction or failure
is caused or contributed to by any of the
following:
(a) Failure to follow all instructions in
this manual.
(b) modication,repairsoralterationof
the Product carried out by persons
other than authorised Masport
service agents;
(c) acts or omissions by anyone other
than Masport after the Product has
left Masport’s control;
(d) Wear parts that are marked with a
frame on the spare
parts list.
(e) Paint damage that can be attributed
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