Zodiac NOOSA REEF Instruction Manual Page 63

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WARRANTY TERMS AND CONDITIONS
61
CONDITIONS AND LIMITATIONS:
1. This Warranty will not apply unless the Registration Certificate accompanying the products has been completed, detached and returned to Zodiac
Customer Service, Zodiac Group Australia, PO Box 7238, Wetherill Park NSW, 2164 within thirty (30) days of delivery of the Zodiac Pool and
equipment to the purchaser.
2. Any claim under this Warranty must be made in writing to the Zodiac Pool dealer where the Zodiac Pool was purchased accompanied by proof of
purchase receipts.
3. If Zodiac should so request to inspect any parts alleged to be defective, such parts are to be delivered at the purchaser’s expense to the Zodiac
Pool dealer where the Zodiac Pool was purchased.
4. Any Zodiac Pool Liner, Zodiac Structural Steel or Resin Components requested to be returned by Zodiac pursuant to paragraph 3 must first be
cleaned and dried, so as not to cause a health hazard, otherwise such Zodiac Pool Liner, Zodiac Structural Steel or Resin Components, would not
be accepted nor inspected and will be returned to the purchaser at the purchaser’s expense.
5. This Warranty does not cover any labour costs which, in Zodiac’s reasonable opinion, may be necessary or desirable in relation to repairing or
replacing any defective Zodiac Pool Liner, Zodiac Structural Steel or Resin Components or any other part covered by this Warranty including, but
not limited to, dismantling and re-installing the Zodiac Pool, the Zodiac Liner, any Zodiac Structural Steel or Resin Components or any other
accessories. Zodiac (or its nominated Zodiac representative) reserves the right, at its discretion, to make all reasonable charges to the purchaser for
any replacement, repairs and inspection of repair work performed by, or on behalf of, Zodiac in relation to a claim made under this Warranty.
6. The purchaser will be responsible for all transport and freight costs relating to any repair or replacement of the Zodiac Pool Liner or Zodiac
Structural Steel or Resin Components under this Warranty.
7. This Warranty is not assignable nor transferable.
8. This Warranty will not apply in the following circumstances:
(a) Any damage caused to the Zodiac Pool Liner, Zodiac Structural Steel or Resin Components as a result of misuse, negligence or improper care
by the purchaser or as a result of any natural or man-made weed event, including, but not limited to, cuts or punctures to the Zodiac Pool Liner
damage caused by nut grass, onion weed or any other noxious or ultraviolet degradation or shrinkage after initial installation;
(b) The purchaser acquires the Zodiac Pool and/or equipment under hire purchase agreement and the pool and/or equipment is repossessed under
that agreement;
(c) The Zodiac Pool and/or equipment is used for any purpose other than for domestic swimming;
(d) payment for the Zodiac Pool and/or equipment has not been made to Zodiac or the appointed Zodiac Pool dealer in accordance with the
agreed terms at the time of purchase;
(e) If the Zodiac Pool and/or equipment is used in conjunction with any type of automatic, electronic or salt chlorinator unless a specific written
waiver for a particular system is provided by Zodiac;
(f) If the TDS level of your pool water exceeds 2000ppm (refer to manual.)
(g) The Zodiac Pool including the Zodiac Pool Liner, Zodiac Structural Steel or Resin Components have not been installed in accordance with the
Zodiac installation manual provided.
9. Zodiac reserves the right to determine whether or not any claimed defect of the Zodiac Pool Liner, Zodiac Structural Steel or Resin Components
is caused by faulty workmanship or material or that any part is defective.
10. It is the purchaser’s responsibility to ensure that the installation of the Zodiac Pool and equipment comply with appropriate statutory and local government
requirements. As installation and conditions of use are beyond Zodiac’s control, Zodiac makes no claims that any equipment shall comply with such
requirements with the exception that the specifications set out in the Zodiac installation manual are correct at the time of publication.
11. To the extent permissible by the law, Zodiac shall not be liable for any incidental or consequential damage, injury or loss (whether material or personal)
arising out of any defect of the Zodiac Pool, including the Zodiac Pool Liner, Zodiac Structural Steel or Resin Components, including, but not limited
to, loss of chemicals, flooding, injuries to persons, damages to property or loss of use.
12. This Warranty is the only express warranty given by Zodiac in respect of the Zodiac Pool, including the Zodiac Pool Liner, Zodiac Structural Steel
and Resin Components, and excludes or replaces all warranties and conditions implied by any Federal or State legislation which may be excluded,
restricted or modified under such legislation. Nothing in this Warranty, however, shall be construed as excluding, limiting or in any way affecting any
rights the purchaser may have under the Trade Practices Act, 1974 or any other Commonwealth or State legislation which gives the purchaser
rights which cannot be modified or excluded by agreement. If the supply of the Zodiac Pool is a supply of goods to a consumer as defined in the
Trade Practices Act, 1974 ("Act"), nothing in this Warranty excludes, restricts or modifies any condition,
warranty, right or remedy which the purchaser has under the Act. Zodiac’s liability for any breach of a condition or warranty implied by the Act is,
however, limited to the full extent permissible under the Act.
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