1. SCOPE OF WARRANTY

1.1 ROBUSTO PLUMBING SYSTEMS warrants that its products are manufactured under an ISO 9001–compliant Quality Management System and, where applicable, in accordance with the relevant Australian and New Zealand Standards.

1.2 ROBUSTO PLUMBING SYSTEMS warrants that its products will be free from defects in materials and workmanship for the applicable warranty period specified for each product.

1.3 This warranty covers product faults arising from manufacturing defects that become apparent within the applicable warranty period.

1.4 To the maximum extent permitted by law, ROBUSTO PLUMBING SYSTEMS will not be liable for any indirect or consequential loss arising from a product fault, including loss of use, operational downtime, loss of revenue or system depreciation.

1.5 The submission, assessment, repair or replacement of a product under this warranty does not extend or renew the original warranty period.

2.0 CONDITIONS OF WARRANTY

2.1 This warranty applies only to damage or product failure resulting directly from a defect in materials or workmanship.

2.2 When making a warranty claim, the claimant must provide valid proof of purchase showing the product and its purchase date.

2.3 This warranty is valid only where the product has been installed in accordance with ROBUSTO PLUMBING SYSTEMS’ installation instructions, approved installation methods and all applicable local authority requirements.

2.4 The product or system must be installed by a suitably qualified and licensed plumber or civil contractor. This warranty does not cover damage or failure caused by:

• Normal wear and tear;
• Misuse, neglect or improper operation;
• Unsuitable applications or operating conditions;
• External influences, including chemicals or detergents;
• Accidental damage, including holes inadvertently drilled into the product; or
• Incorrect, incomplete or faulty assembly or installation.

2.5 The installing contractor must be able to demonstrate that the design, installation, commissioning and operation of the product or system complied with all applicable codes and standards, together with the installation instructions and technical guidelines issued by ROBUSTO PLUMBING SYSTEMS for the Australian and New Zealand markets.

2.6 In the event of a claim, ROBUSTO PLUMBING SYSTEMS must be notified promptly and given a reasonable opportunity to inspect the alleged damage. The inspection must be arranged within eight days of the damage occurring and before any repairs, alterations or other remedial work is undertaken, except where immediate work is reasonably necessary to prevent personal injury or further property damage. Failure to comply with this requirement may result in the warranty claim being denied.

2.7 Any inspection, investigation, testing or other action undertaken by ROBUSTO PLUMBING SYSTEMS in connection with a warranty claim does not constitute an admission or acceptance of liability.

Where a product is removed from an installation, the Customer must retain the affected product and, if requested by ROBUSTO PLUMBING SYSTEMS, return it for inspection and testing. The product must not be altered, dismantled, cleaned, repaired or disposed of until ROBUSTO PLUMBING SYSTEMS has completed its assessment.

Where the affected product is a fitting connected to pipework, including a tee, elbow or coupling, a minimum of 100 mm of adjoining pipe should, wherever reasonably possible, remain connected at each connection point. This is necessary to allow ROBUSTO PLUMBING SYSTEMS to assess the installation and conduct appropriate testing.

If retaining 100 mm of pipe at each connection point is not reasonably possible, clear photographs of the fitting in situ must be taken before it is removed. The photographs must clearly show the affected fitting, all connected pipework, the surrounding installation and any visible signs of leakage, damage or failure.

Cutting the pipe too close to the fitting, altering the product or failing to provide sufficient photographic evidence may result in the warranty claim being denied where ROBUSTO PLUMBING SYSTEMS is unable to inspect the installation properly or determine the cause of the reported failure.

2.8 This warranty is in addition to, and does not exclude, restrict or modify, any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law or any other applicable legislation.

2.9 ROBUSTO PLUMBING SYSTEMS reserves the right to appoint suitably qualified contractors or companies of its choice to undertake any inspection, repair, replacement or other remedial work considered necessary in connection with a warranty claim.

3.0 WARRANTY CLAIM PROCEDURE

The Customer must notify ROBUSTO PLUMBING SYSTEMS of any major or minor failure, or any concern that the goods are not of acceptable quality, within forty-eight (48) hours of becoming aware of the issue.

The affected product must not be removed, altered, repaired or disposed of before it has been inspected by an authorised ROBUSTO PLUMBING SYSTEMS representative, unless immediate action is reasonably necessary to prevent personal injury or further property damage.

To lodge a claim, the Customer must contact ROBUSTO PLUMBING SYSTEMS Customer Service between 7:00 am and 4:00 pm, Monday to Friday (excluding public holidays), by calling 1300 110 502 or emailing enquiries@forzaglobal.com.au. The Customer must provide details of the claim and any supporting information reasonably requested by ROBUSTO PLUMBING SYSTEMS.

4. EXCLUSIONS AND LIMITATION OF LIABILITY

4.1 Except as expressly provided under this warranty, and to the maximum extent permitted by law, ROBUSTO PLUMBING SYSTEMS excludes all liability for personal injury, property damage and any indirect, incidental, special or consequential loss or damage arising from or relating to the goods.

4.2 Nothing in this warranty excludes, restricts or modifies any right, guarantee, condition, warranty or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law (“ACL”), the New Zealand Consumer Guarantees Act 1993 (“CGA”), the Fair Trading Act 1986 (“FTA”) or any other applicable legislation.

Australian consumers

4.3 Where the goods are acquired as a consumer within the meaning of the ACL, the Customer is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. The Customer is also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not constitute a major failure.

Australian business customers

4.4 Where the goods are acquired for business purposes and ROBUSTO PLUMBING SYSTEMS is legally permitted to limit its liability, ROBUSTO PLUMBING SYSTEMS’ liability in relation to the supply of the goods will, at ROBUSTO PLUMBING SYSTEMS’ option, be limited to one or more of the following:

(a) replacing the goods or supplying equivalent goods;
(b) repairing the goods;
(c) paying the cost of replacing the goods or acquiring equivalent goods; or
(d) paying the cost of having the goods repaired.

New Zealand business customers

4.5 Where the goods are acquired in New Zealand for business purposes, the parties acknowledge and agree that:

(a) the Customer is acquiring the goods for the purposes of a business within the meaning of sections 2 and 43(2) of the CGA;
(b) the goods are supplied and acquired in trade for the purposes of the FTA; and
(c) where it is fair and reasonable for the parties to be bound by this provision, the parties agree to contract out of sections 9, 12A and 13 of the FTA to the maximum extent permitted by law.

4.6 To the maximum extent permitted by New Zealand law, all guarantees, warranties, conditions and other terms implied by the CGA, the specified provisions of the FTA, any other applicable legislation or common law are excluded when the goods are acquired for business purposes.