Warmtech Pty Ltd (Warmtech) commences the order process from time of order confirmation. As the order process commences there is no cooling off period so we as ask customers to please choose carefully. After this confirmation refunds cannot be given after an order has been placed for change of mind or if kit has been unpacked and opened including role of wire unrolled from spool.
With that said any incorrect unopened and complete kit which is the incorrect size or incorrect application can be exchanged within 30 days of delivery. The return shipping costs to Warmtech warehouse at Lisarow NSW 2250 will need to be arranged and paid for by customer. Upon receiving at warehouse, Warmtech staff will check kit is complete and in good saleable condition. If return is accepted an exchange can then organised. Any return and exchange will incur a 25% administration fee.
In the event that the kit ordered becomes damaged in transit, has been sent incorrectly or is faulty Warmtech will arrange the return of replacement of goods. In order to commence this process we would ask for customer to email firstname.lastname@example.org a copy of receipt and photo (still in original packaging) of the issue.
Please note any damage must be reported within 48 hours of receiving of goods.
When ordering kits through Warmtech you agree to the timeframes provided by external carriers as well as an authority to leave if you are not available to take delivery of the goods. Refunds are not available for goods left by courier and misplaced/stolen after delivery. The third party carrier aims to have goods delivered to customer on the eastern seaboard within 3-5 business days and on the middle to western side of Australia 5-10 days.
Effective 1st October 2016
Warmtech Pty Ltd ABN 62 093 461 020 trading as “Warmtech Underfloor Heating” (“Warmtech”) is giving this warranty against defects. Warmtech has the following information:
|Name:||Warmtech Pty Ltd ABN 62 093 461 020 trading as “Warmtech Underfloor Heating”|
|Business address:||20 Sunny Bank Road, Lisarow NSW 2250|
|Telephone number:||1300 138 126|
Separately from this warranty against defects the consumer may contact the store where they purchased the product to make a claim for a purportedly defective product.
1. Plain language
1.1 Warmtech intends this document to be in plain language, legible and presented clearly. If your document is not this please contact us for a replacement copy of our warranty against defects.
2. Important legal implications
2.1 Our 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 compensation for any other reasonably 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.
3.1 Any defect in the products below must appear within the corresponding period or periods of time if the consumer is to be entitled to claim the warranty against defects:
|Underfloor Heating Element – DIY kit||5 years|
|Underfloor Heating installed by Warmtech Underfloor Heating installer||10 years|
|All Controllers/ Thermostats||1 Year|
4.1 The procedure to be followed for the consumer to claim the warranty against defects is to send the written claim by post/email to the retailer and otherwise comply with the requirements in clause 7 of this warranty against defects.
4.2 If the consumer claims under this warranty against defects the consumer is to bear the expense of claiming under this warranty against defects.
4.3 If the consumer claims under this warranty against defects and the consumers incurs costs for postage, freight or other transport of document(s) and/or product(s) those costs are to be at the consumer’s expense.
4.4 If the product must be repaired or replaced the consumer is obliged to return the product or products to the retailer at the consumer’s expense. Please return the product or products before Warmtech will repair or replace the product. If the warranty claim is for heating element a Warmtech representative (or person designated) will attend site for inspection.
4.5 The benefits to the consumer given by the warranty against defects are in addition to other rights and remedies of the consumer under a law which cannot be excluded or contracted out of in relation to the goods or services to which the warranty against defects relates.
5. Limits to the warranty against defects
5.1 The consumer needs to make and rely upon their own enquiries. The consumer is not entitled to a refund or replacement if:
5.1.1 the consumer has changed their mind;
5.1.2 the consumer makes an incorrect choice, however defined;
5.1.3 the claim is for damage which was caused by an incorrect installation of the product;
5.1.4 the claim is for damage due to an accident, including if the product has been dropped by any person or impacted;
5.1.5 the claim is for damage caused by misuse of the product;
5.1.6 the claim is for damage caused by incorrect or improper care and cleaning;
5.1.7 the claim is for damage caused by alterations to the original product as sold by Warmtech;
5.1.8 the claim is for damage caused by inappropriate use of the product as determined by Warmtech in its sole discretion;
5.1.9 the claim is for damage caused by an abuse or neglect of a product directly or through the neglect of the maintenance of the product as determined by Warmtech in its sole discretion;
5.1.10 the claim is for damage caused by behaviour which failed to follow or maintain products according to the manufacturer’s instructions and recommendations;
5.1.11 the claim is for damage caused by normal wear and tear to the product; or
5.1.12 the claim is for perceived damage in a product with minor imperfections;
5.1.13 the claim is for damage to cold tail where the cold tail has been subject to moisture or water. Note that the cold tail is water resistant not water proof and must be kept dry. If this becomes wet this may void warranty.
5.2 To the fullest extent allowed by law, a warranty against defects claim is to only be made by the consumer who purchased the product and to the fullest extent allowed by law, this warranty against defects is not assignable.
6. What Warmtech must do
6.1 Warmtech must do as many of the following as are applicable so that the warranty against defects may be honoured:
6.1.1 Use reasonable endeavours to ascertain whether the consumer has acted according to what the consumer must do in order to be entitled to claim the warranty against defects;
6.1.2 If the consumer has done everything the consumer must do and a replacement is not needed in the circumstances as determined by Warmtech in its sole discretion, instruct the consumer on a course to fixing the problem at the consumer’s expense; and/or
6.1.3 If the consumer has done everything the consumer must do and a replacement is needed in the circumstances as determined by Warmtech in its sole discretion, issue a replacement.
6.1.4 Warmtech or its Distributors reserve the right to charge for any repairs/faults tracing caused by installation damage which is not the fault of Warmtech Heating Systems.
7. What the consumer must do
7.1 If you are the consumer, you must do the following to entitle you to claim the warranty against defects:
7.1.1 Retain record(s) as proof of purchase of the product and produce proof of purchase when making a claim;
7.1.2 Take a photograph or photographs of the purported defect or failure of the product and prepare a written description of the damage;
7.1.3 Pay for the postage and/or transport to claim under the warranty against defects;
7.1.4 Make a written claim under this warranty against defects and send the claim by post to the retailer who sold you the product, including a copy of the record of your proof of purchase of the product, photograph(s) and written description of the purported defect; and
7.1.5 Behave in full accordance with the conditions stated in Table 1 below and prevent the product being treated otherwise than as described in Table 1 by another person.
|Product||Consumer must do these things|
|Installation||If installing a DIY kit all instructions must be followed exactly. Any alteration to how the wire is installed outside of the installation instructions will void warranty|
|Preparation||Electrical wiring needs to be in accordance with the electrical diagrams provided by Warmtech and available on the Warmtech website. Any variation will void warranty.|
|Floor Preparation||The floor must be prepared so as that it is a clean and level surface free from any debris, cracks or sharp edges. Also in wet areas a water based waterproofing membrane is advised by our manufacturers.|
|Thermostat Install||Thermostats need to be installed by a licensed electrician. Any alteration to wiring or installation may result in warranty being void. Further it is a requirement that if a thermostat has an air sensing compatibility warranty is not covered if installed somewhere which air temp cannot be measured accurately e.g. inside a cupboard, inside a shaving cabinet or outside of the room that the heating is operating. Further please note that each thermostat has a 15amp maximum load. Any load requiring more than this maximum needs to be supplied with a relay supplied by Warmtech. Please contact Warmtech to purchase this additional item.|
8. Specific costs
8.1 Where a claim is made according to this warranty of defects and Warmtech determines to replace a product, the consumer must if requested to do so by Warmtech:
8.1.1 Pay for the removal costs, transport costs and all antecedent costs for the removal of the purportedly defective product; and
8.1.2 Pay for the transport and installation costs of the new product (if necessary).
9. Discontinued products and other matters
9.1 Warmtech cannot guarantee that products it supplies will be available in the future and Warmtech will not be responsible to obtain parts or perform repairs on goods which are discontinued (where notification has been provided) or items which are outside of the express warranty period provided.
9.2 Warmtech reserves the right to discontinue products, modify designs and change specifications without incurring obligation.
9.3 While Warmtech has made every effort to ensure that descriptions, specifications and other information in this warranty against defects is correct, no warranty is given in respect thereof and Warmtech shall not be liable for any errors therein.
9.4 Consistent with our continuing product development, improvements may have been made to products which renders their description slightly different to those shown in packaging.
By agreeing to these Terms and Conditions, you are at least of the minimum legal age.
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
RESTRICTIONS ON USE
You indemnify and hold harmless the Proprietor and its employees and partners from and against any losses, liabilities, costs, expenses or damages (including consequential losses or damages of every kind) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
Order constitutes offer
We will not commence processing any order made through this site unless and until:
We reserve the right at our discretion to:
Acceptance of orders
Acceptance of each order will take place if and when the Proprietor ships the requested items to you, at the time at which the items are dispatched by the Proprietor. Title to, and risk in, the items will pass from the Proprietor to you at that time. After the items have been sent, we will send you an email confirming that shipment has taken place.
Inaccuracies and Omission of Data
Occasionally inaccuracies or omission may occur within data contained on website. We reserve the right to correct any inaccuracies or omissions which may result in cancelled orders if deemed material change.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
Any reliance on the material on this site is at your own risk.
The Proprietor reserves the right to change the prices for products displayed in this site at any time before you place an order.
Shipping costs are included in price of each kit.
Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be inclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Payment for orders placed through this site may be made by credit card processed online
Credit and debit card payments
Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at checkout.
At time of order
It is the customers responsibility to check their order at the time of purchase and physically on delivery including size of wire and correct wire type. Warmtech Pty Ltd take no responsibility for the accuracy of the quantity of product, which you have ordered.
Click and Collect
If you have select “Click and Collect” from our Lisarow Warehouse, the Customer acknowledges that such goods will be held in at warehouse for a maximum of 30 days. If not collected in this time alternative transport arrangements will need to be made.
the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.
Governing law and jurisdiction
Part 2 – Information collected
Warmtech collects information from you and your interactions on the Warmtech website. Your name, address. Telephone number, email address and any other information obtained during transactions whilst on the Warmtech website incorporate the personal information Warmtech Pty Ltd collect.
Part 3 – Direct Digital Marketing
Warmtech may use the personal information noted above to communicate with you through email and other means available regarding Warmtech products and sales promotions.
This again is something which can be changed at any time by requesting no marketing materials to be sent.
Part 4 – Other important information
This site may also collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network. The Proprietor collects and manages IP addresses as part of the service of providing internet session management and for security purposes. The Proprietor may also collect and use web log, computer and connection information for security purposes and to help prevent and detect any misuse of, or fraudulent activities involving, this site.
Warmtech will not rent or sell your information to any third party.
Part 5- Customer accessing to their own information
Absolutely – yes. You may access your personal information or seek correction of such information by contacting Warmtech.
Part 6 – Security
We make all reasonable efforts to ensure that your personal information is kept secure and take reasonable steps to protect it from loss, unauthorised access and disclosure.
Part 8 – How can a customer make a privacy complaint
If you have a concern about your privacy, you can make a complaint. Once complaint is received Warmtech will address that issue and respond in a timely manner.
To lodge a complaint, please email email@example.com