"Customer" means the original purchaser of the Product. "Whyte-Hall" means Whyte-Hall (Australia) Pty Limited ABN 82 090 499 004.
2. WARRANTY
2.1 Whyte-Hall warrants to the Customer that the Product will be free from defects in materials and workmanship affecting its normal use for a period of 12 months from the date of invoice ("Warranty Period").
2.2 During the Warranty Period, Whyte-Hall will, at its option, repair or replace the Product that it determines is defective in material or workmanship and that is returned to Whyte-Hall's Australian facility located in New South Wales.
2.3 The Product must be returned in its original or equivalent packaging and must be accompanied by a Returns Authorisation Number ("RA Number") obtained by the Customer from Whyte-Hall. The RA Number can be obtained by contacting Whyte-Hall or Authorised distributor. Whyte-Hall is not obliged to accept any Product returned without a valid RA Number.
2.4 The Customer shall bear all risk of loss or damage to the Product while it is in transit and shall be responsible for any cost associated with transporting the Product to and from Whyte-Hall's nominated repair facility.
2.5 The Customer is responsible for ensuring that accessories third party components or additional fittings attached to the equipment are removed prior to returning in the Product and Whyte-Hall shall not be liable in any way for any loss of any additional items installed on the Product.
2.6 This Warranty shall be voided by misuse, accident, unauthorised servicing, inappropriate storage or installation, electrical power problems, failure to perform preventative maintenance, removal or alteration of parts or identification labels, acts of God, or failure caused by products not supplied or installed by Whyte-Hall.
2.7 This Warranty does not apply to:
2.7.1 General use, wear and tear and accessories or third party products or components (including third party products installed on the Product); and
2.7.2 any product or component that is covered by a third party manufacturer's warranty.
2.8 Whyte-Hall provides the products or components described in clauses 2.7.1 and 2.7.2 without warranty of any kind. Where third party manufacturer's warranties are capable of assignment, Whyte-Hall agrees to assign such warranties to the Customer.
2.9 THIS WARRANTY IS THE CUSTOMER'S EXCLUSIVE WARRANTY AND REPLACES ALL OTHER WARRANTIES, CONDITIONS, AND LIABILITIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE, CORRESPONDENCE WITH SAMPLE OR DESCRIPTION AND MERCHANTABILITY ALL OF WHICH ARE HEREBY EXCLUDED TO THE EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES WILL WHYTE-HALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS HOWSOEVER CAUSED.
2.10 This Warranty is in addition to any rights the Customer may have under the Trade Practices Act 1974 or similar legislation which cannot be excluded or limited.