Macnaught Pty Limited (ACN 612 223 551) (“Macnaught”) undertakes to the end purchaser (the “Customer”) to rectify any defects caused by faulty workmanship or material that occurs in the Products within the Warranty Period in accordance with this Product Warranty Statement (“the Warranty”).

1.    Definitions

“Products” means LockNLube branded products by Macnaught.  

“Warranty Period” means the 12 month period commencing from date of sale which is defined as either the date of invoice, date of delivery or date of installation whichever comes first and ending on the expiry of the relevant warranty period in respect of the relevant Product (or such other warranty period as agreed between the Customer and Macnaught in writing in respect to a specific Product).

“Warranty Cover” means cover for defect occurring during normal and proper use of the LockNLube tool as intended by the manufacturer, including but not limited to, faulty materials or craftsmanship in the construction of the tool; Malfunctions or failures due to manufacturing defects, and issue with parts or components that render the tool inoperable or that significantly impede its function.

2.    Warranty Claim

As soon as the Customer becomes aware of a defect in the Product, the Customer must:

(a)   notify Macnaught of the claim in writing to: Macnaught Pty Limited, 41-49 Henderson Street, Turrella, NSW, 2205, Australia or via email warranty@macnaught.com.au (Australia) and nzorders@macnaught.com.au (New Zealand);

(b)   cease using the Product;

(c)    provide Macnaught all information required, including serial numbers, photos of the alleged defect, and with reasonable evidence of the proof of purchase; 

(d)   provide evidence that the Product has been installed correctly and have been used in accordance with any manufacturer instructions supplied with the Product; and

(e)   make the Product available for inspection by Macnaught, so that Macnaught may determine if the notice of defect or damage is valid and carry out all necessary work with the Product.

3.    Exclusions

This Warranty does not extend to:

(a)   damage to the Product that has occurred during transit/transportation or loading/unloading before transit/transportation to the Customer (whether or not this is related to this warranty claim or to the sale of the Products to the Customer);

(b)   damage which is caused by negligence or misuse by the Customer or as a result of installation, repair or modification by personnel that are not approved by Macnaught;

(c)    unauthorised repairs, alteration, modification or substitution of any parts of the Products, or storage or use of the Products other than in accordance with the instructions supplied;

(d)   other goods that are not manufactured or supplied by Macnaught;

(e)   other products into or on which the Products are installed or form part of, but which have not been supplied by Macnaught;

(f)    Products purchased:

(i)    other than from Macnaught such as purchases from unauthorised retailers and purchases over the internet, from local/international sellers or sites such as Ebay and Amazon); or

(ii)    from a competitor or not from an authorised dealer or distributor of Macnaught;

(g)   damage or defects to the Products that ought reasonably to have been revealed to you by an examination of the Products, where you conducted such an examination before acquiring the Products;

(h)   normal wear and tear due to the course of normal use (including but not limited to cosmetic damage, surface scratches, damage to wear parts such as seals and o-rings, or minor dents);

(i)    any Goods with a serial number removed,

(j)    any software applications or programs which relate to the Goods but have not been supplied by Macnaught or any Macnaught authorised dealer;

(k)    accidental damage or damage caused by an extra-ordinary event or circumstance beyond your or anyone else’s control including damage caused by:

(i)    environmental factors such as exposure to extreme temperatures, moisture or corrosive substances; or

(ii)    misuse, neglect, improper maintenance or abuse including overloading.

(l)    Charges will apply for any non-warranty services performed.

(m)   These exclusions do not limit or exclude any rights or remedies you may have under the Australian Consumer Law or New Zealand Consumer Guarantees Act.

4.    Conditions of Warranty

(a)   This Warranty is conditional on the following:

(i)    the installation, repair and/or maintenance of the Product being carried out on the Product ;by an authorised agent of Macnaught;

(ii)    Macnaught determining at its sole discretion whether or not the fault in the Product is caused by faulty workmanship or material and whether or not such defect arose during normal operating conditions;

(iii)   the Product has been used in accordance with Macnaught’s Product design standards and that all waste, electrical or other services required for use in connection with the Product comply with regulatory authority standards and are provided by licensed tradespeople;

(iv)   the Customer having used the Product in accordance with the manufacturer’s instructions and/or directions;

(v)    Product has been stored correctly and in accordance with the manufacturer’s instructions by competent personnel;

(vi)   The Product has been used by competent personnel;

defects arising solely from faulty design, materials or workmanship under proper use and maintenance of the Products;

(i)    Products installed by a suitably qualified and experienced person;

(ii)    Products sold by Macnaught and only where the Products are used and serviced within Australia and New Zealand; and

(iii)   where the defects appear in the Products within the Warranty Period.

(b)   Where the Customer purchases Products from an agent, dealer or distributor, our warranty covers parts only, not labour.

(c)    If Macnaught requests the return of the Product or part, a Return Authority (RA) will be provided to the Customer, who will be responsible for all expenses related with the collection and freight costs of returning that Product or part to Macnaught.  If any Product or part is repaired or replaced by Macnaught during the Warranty Period this Warranty remains based on the original date of purchase.

(d)   The return of the repaired or replaced product to the Customer is at Macnaught’s expense.

5.    Limitations

(a)   This Warranty is restricted to the Product and does not extend to any other durable or non-durable items or any consumable items.

(b)   In the following paragraph “goods” means “Products” and “you” means the “Customer”.
For Goods:

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and 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.

(c)    In the following paragraph “you” means the “Customer”.
For Services:

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

A.          to cancel your service contract with us; and

B.          to a refund for the unused portion, or to compensation for its reduced value.

(d)   What constitutes a major failure is set out in the Australian Consumer Law.

(e)   Notwithstanding the preceding paragraph, the liability of Macnaught for a breach of a consumer guarantee or any warranty made in this Warranty for any Products not of a kind ordinarily acquired for personal, domestic or household use is limited to the extent permissible by law and at the option of Macnaught:

(i)    in relation to the Products supplied:

A.    the replacement of the Products or the supply of equivalent Products;

B.    the repair of the Products;

C.    the payment of the cost of replacing the Products or of acquiring equivalent Products; or

D.    the payment of the costs of having the Products repaired;

(ii)    in relation to the services:

A.    the supply of the services again; or

B.    the payment of the costs of having the services supplied again.

(f)    To the extent permitted by law, all other warranties whether implied or otherwise that are not set out in this Warranty are excluded and Macnaught shall be under no liability in contract, tort (including without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for:

(i)    increased costs or expenses;

(ii)    any loss of profit, revenue, business, contracts or anticipated savings;

(iii)   any loss or expense resulting from a claim by a third party; or

(iv)   any special, indirect or consequential losses or damage of any nature whatsoever caused by Macnaught’s failure to complete or delay in completing the order to deliver the Products.

(g)   The benefits given to the Customer in this Warranty are in addition to any other rights or remedies under a law in relation to the Products or services to which this Warranty applies.

(h)   In New Zealand, you are entitled to a repair, replacement or refund where goods are not of acceptable quality or otherwise do not comply with the consumer guarantees set out in the Consumer Guarantees Act 1993.

6.    Limitation of Liability:

 Except as required under the Australian Consumer Law or New Zealand Consumer Guarantees Act, Macnaught shall not be liable for any incidental, consequential, or indirect damages arising from the use or inability to use the tool covered by this warranty.

7.    Legal Rights

This warranty gives you specific legal rights, and you may also have other rights that vary from state to state or country to country.

Nothing in this warranty excludes, restricts, or modifies any condition, warranty, or liability implied by applicable law, including the Australian Consumer Law and the Consumer Guarantees Act 1993 (NZ), where to do so would be unlawful.