Defects, Warranties and Returns
Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
11.1 The Client must inspect the Goods on delivery and must within seven (7) days of delivery notify NR Timber in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow NR Timber to inspect the Goods. Where any notification is to be made, NR Timber must be informed before the product is installed to allow for the product to be inspected by NR Timber and replaced if necessary.
11.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
11.3 NR Timber acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
11.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, NR Timber makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. NR Timber’s liability in respect of these warranties is limited to the fullest extent permitted by law.
11.5 If the Client is a consumer within the meaning of the CCA, NR Timber’s liability is limited to the extent permitted by section 64A of Schedule 2.
11.6 If NR Timber is required to replace the Goods under this clause or the CCA, but is unable to do so, NR Timber may refund any money the Client has paid for the Goods.
11.7 If the Client is not a consumer within the meaning of the CCA, NR Timber’s liability for any defect or damage in the Goods is:
(a) limited to the value of any express warranty or warranty card provided to the Client by NR Timber at NR Timber’s sole discretion;
(b) limited to any warranty to which NR Timber is entitled, if NR Timber did not manufacture the Goods;
(c) otherwise negated absolutely.
11.8 Subject to this clause 11, returns will only be accepted provided that:
(a) the Client has complied with the provisions of clause 11.1; and
(b) NR Timber has agreed that the Goods are defective; and
(c) the Goods are returned within a reasonable time at the Client’s cost (if that cost is not significant); and
(d) the Goods are returned in as close a condition to that in which they were delivered as is possible.
11.9 Notwithstanding clauses 11.1 to 11.8 but subject to the CCA, NR Timber shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Client failing to properly maintain or store any Goods;
(b) the Client using the Goods for any purpose other than that for which they were designed;
(c) the Client continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Client failing to follow any instructions or guidelines provided by NR Timber;
(e) fair wear and tear, any accident, or act of God.
11.10 NR Timber may in its absolute discretion accept non-defective Goods for return in which case NR Timber may require the Client to pay handling fees of up to thirty percent (30%) of the value of the returned Goods plus any freight costs.
11.11 Notwithstanding anything contained in this clause if NR Timber is required by a law to accept a return then NR Timber will only accept a return on the conditions imposed by that law.
11.1 The Client must inspect the Goods on delivery and must within seven (7) days of delivery notify NR Timber in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow NR Timber to inspect the Goods. Where any notification is to be made, NR Timber must be informed before the product is installed to allow for the product to be inspected by NR Timber and replaced if necessary.
11.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
11.3 NR Timber acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
11.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, NR Timber makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. NR Timber’s liability in respect of these warranties is limited to the fullest extent permitted by law.
11.5 If the Client is a consumer within the meaning of the CCA, NR Timber’s liability is limited to the extent permitted by section 64A of Schedule 2.
11.6 If NR Timber is required to replace the Goods under this clause or the CCA, but is unable to do so, NR Timber may refund any money the Client has paid for the Goods.
11.7 If the Client is not a consumer within the meaning of the CCA, NR Timber’s liability for any defect or damage in the Goods is:
(a) limited to the value of any express warranty or warranty card provided to the Client by NR Timber at NR Timber’s sole discretion;
(b) limited to any warranty to which NR Timber is entitled, if NR Timber did not manufacture the Goods;
(c) otherwise negated absolutely.
11.8 Subject to this clause 11, returns will only be accepted provided that:
(a) the Client has complied with the provisions of clause 11.1; and
(b) NR Timber has agreed that the Goods are defective; and
(c) the Goods are returned within a reasonable time at the Client’s cost (if that cost is not significant); and
(d) the Goods are returned in as close a condition to that in which they were delivered as is possible.
11.9 Notwithstanding clauses 11.1 to 11.8 but subject to the CCA, NR Timber shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Client failing to properly maintain or store any Goods;
(b) the Client using the Goods for any purpose other than that for which they were designed;
(c) the Client continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Client failing to follow any instructions or guidelines provided by NR Timber;
(e) fair wear and tear, any accident, or act of God.
11.10 NR Timber may in its absolute discretion accept non-defective Goods for return in which case NR Timber may require the Client to pay handling fees of up to thirty percent (30%) of the value of the returned Goods plus any freight costs.
11.11 Notwithstanding anything contained in this clause if NR Timber is required by a law to accept a return then NR Timber will only accept a return on the conditions imposed by that law.
