Lifetime of Product WarrantyLifetime of Product Warranty means that MSS Data Solutions will repair or replace the product during its marketed lifetime if used as specified by the manufacturer. The warranty does not cover misuse, neglect, repaired products or incorrect installation nor does it cover accessories and batteries. Indeed, because of the natural deterioration of all surge protection products, MSS Data Solutions recommends that you regularly replace surge protectors and power boards at least every 2 to 3 years, which is endorsed by regulators in Australia. All requests for repair and credit are to be made via the Company's website. Please refer to the contacts tab on the website.
1. Limitation of Liability1.1 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 for compensation for any other reasonable 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.
1.2 MSS Data Solutions does not exclude or limit the application of any provision of any statute (including the Trade Practices Act) where to do so would;
1.2.a "contravene that statute; or 1.2.b cause any part of this Clause to be void.
1.3 Subject to clause 1.4, and to the extent permitted by the Trade Practices Act and all relevant State legislation, the sole obligation of MSS Data Solutions under this Agreement is to use its best endeavours to provide the Goods or to repair the Goods or replace (at MSS Data Solutions' discretion) any part of the Goods which is found to be defective during the period of one year from the date of the supply of the Goods. In no event shall MSS Data Solutions be liable for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from any loss of use of the products and any indirect, special or consequential damages or injury to any person, corporation or other entity.
1.4 If any of the Goods are supplied to the Customer as a consumer of Goods and Services within the meaning of that term in the Trade Practices Act 1974 as amended or similar State legislation, the Customer will have the benefit of certain non-excludable rights and remedies in respect of the Goods or Services and nothing in these Terms and Conditions excludes or restricts or modifies any condition, warranty, right or remedy which, pursuant to the Trade Practices Act or similar legislation is so conferred. However, if the product is not a product ordinarily acquired for personal, domestic or household use or consumption pursuant to section 68A of the Trade Practices Act and similar provisions of State legislation, MSS Data Solutions limits its liability to payment of an amount equal to the lowest of:-
1.4.a The cost of replacing the Goods;
1.4.b The cost of repair of the Goods;
1.4.c The cost of having the Goods repaired or replaced.
1.5 Where Goods are subject to a warranty supplied by a manufacturer or supplier other than MSS Data Solutions, the obligation of MSS Data Solutions under this agreement to repair or replace the Goods shall, notwithstanding the provisions of clause 1.3, be limited to the terms of the applicable manufacturer's warranty subject to clause 1.4 which preserves certain non-excludable rights and remedies under the Trade Practices Act 1974 in the appropriate circumstances.
2. Defective Goods2.1 The Customer acknowledges and agrees that MSS Data Solutions is not liable to the Customer for any loss, whether direct or indirect, or as a consequence of any defective goods supplied other than to the amount of the price for the defective goods paid by the Customer to MSS Data Solutions.
3. Warranties3.1 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. 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.
3.2 The Company’s liability shall extend only to the repair or replacement of goods under warranty consistent with clause 4.1 (above)
3.3 The Company shall not in any way be liable either to repair or replace Goods if the Goods purchased by the Customer have been used incorrectly or misused
3.4 The Company’s liability under any warranty will be automatically discharged if the statis sensitive devices in the goods supplied have been tampered with, whether by the Customer or a third party and it is The Company’s opinion that any and all failure of the goods supplied has occurred as a result of the static sensitive device having been tampered with
3.5 The Company will abide by the warranty stated on the product. If the goods being returned due to fault of goods and are within warranty period, The Company will repair or replace the goods at no charge to the Customer. If the goods being returned are past the warranty date, the claim will be rejected. The warranty does not cover misuse, neglect, incorrect installation, calibration, accessories or batteries. If not otherwise stated on the product, all products are covered by a 12 month warranty from the date of purchase by the Customer (proof of sale will be required).
4. Returns4.1 Returns for credit of goods supplied will be accepted at the sole discretion of MSS Data Solutions and must be received within 7 days
4.2 In certain circumstances, a restocking charge may apply for returned goods or should goods be returned for repair and are found to be non-faulty, a AU$40 per half hour service fee may be charged.
4.3 To be entitled to a return for credit, the returned goods must be in a complete format with unmarked packaging and manuals.
4.4 All requests for repair and credit are to be made via the Company's website. Please refer to the contacts tab on the website.
4.5 Payment of monies due are not to be withheld in expectation of credits.