“Lightforce” means Lightforce Australia Pty Ltd ABN 54 069 439 774 Address: 11 Manton Street, Hindmarsh, SA, 5007. Telephone:+61 8 8440 0888. Email Address: firstname.lastname@example.org
“Lightforce Affiliates” means Lightforce, Lightforce’s related bodies corporate (within the meaning of the Corporations Act 2001), and their respective employees, officers, agents and contractors.
“Warranty Period” means:
(a) For Lightforce products (excluding bulbs and batteries, Custom Built products and mounts and Ace Precision Rifle Systems products) manufactured in Australia and sold either in Australia or overseas, three (3) years from the date of purchase specified on your sales receipt or invoice unless otherwise notified by Lightforce in writing prior to or at the date of purchase;
1) Lightforce products and accessories manufactured outside, but imported into, Australia; and
2) Custom Built products and mounts (wherever manufactured);
3) sold in Australia or overseas (but in each case excluding bulbs and batteries, and Ace Precision Rifle Systems products), one (1) year from the date of purchase specified on your sales receipt or invoice unless otherwise notified by Lightforce in writing prior to or at the date of purchase.
What this warranty covers:
Lightforce warrants that it will, at its option, replace or repair each product that you purchase which, during the Warranty Period, has a defect in materials or workmanship under normal use and conditions.
Our products 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 products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.
In addition, the benefits given by this warranty are in addition to your rights and remedies under a law in relation to the products.
Replacement of a product or parts:
When warranty service involves the replacement of a product or a part, the replaced product or part becomes Lightforce’s property. Only unaltered Lightforce products and parts are eligible for replacement. The replacement product or part is warranted for the balance of the period remaining on the original product. Products and parts presented for repair may be replaced by refurbished product or parts of the same type rather than being repaired or replaced with new parts.
Procedure for claiming:
Australia: Make contact with the Lightforce sales office at the above address. We will attempt to resolve the issue over the phone, or we may issue a warranty case notice to arrange return of the product for assessment. Lightforce will not be able to perform our service under this warranty if you refuse to return the product to us for inspection.
Claims in respect of defects covered by this warranty must be made as soon as possible after such defect becomes apparent and, in any event, not later than thirty (30) days after the end of the Warranty Period.
International: Contact the point of purchase for warranty service
Cost of claiming:
Under this warranty and, unless Lightforce otherwise agrees in writing, you bear the cost of claiming under this warranty including the cost of returning the product to Lightforce.
Under this warranty, Lightforce is responsible for loss or damage to your product only while it is in the possession of Lightforce Affiliates.
Use of personal information:
This warranty will not apply if you do not supply to us or to our Lightforce Affiliates information that we reasonably request to enable us to perform our obligations under this warranty. You have the right to access your personal contact information and request correction of any errors in it pursuant to the Privacy Act 1988 by contacting Lightforce.
Limitation of liability:
Where permitted, or not prohibited, under any law, including under the Australian Consumer Law, Lightforce’s and Lightforce Affiliates’ liability in respect of any defect in materials or workmanship or in respect of a product which is not otherwise of acceptable quality (within the meaning of the Australian Consumer Law), is limited at the option of Lightforce, to:
(a) The replacement or repair of the product,
(b) The payment of the cost of replacing or repairing the product; or
(c) The payment of the cost of acquiring an equivalent product
Accordingly, to the extent permitted or not prohibited under any law (including the Australian Consumer Law):
(a) neither Lightforce nor any Lightforce Affiliates are liable under any circumstances (including in contract, negligence or other tort, or under any other legal doctrine) for:
1) third party claims against you for damages;
2) special, incidental, punitive, indirect or consequential damages, including but not limited to lost profits, business revenue, goodwill or anticipated savings; and
(b) in no case does the total liability of Lightforce, Lightforce Affiliates, or their respective suppliers, resellers or service providers to any person for damages from any cause (including in contract, negligence or other tort, or under any other legal doctrine), in connection with the supply of a product exceed the lesser of the actual direct damages of that person and the amount paid for the product by that person.
The foregoing limitations do not apply to damages for bodily injury (including death), damage to real property or damage to tangible personal property for which Lightforce is liable under any non - excludable law.