Warranty & Exclusions
Definitions
Consumer is defined in the Competition and Consumer Act 2010 (Cth) (ACL).
Claim means a demand, claim, action, proceeding, judgment, damage, loss, cost, expense or liability incurred by or recovered by or against the party, however arising and whether present, unascertained, immediate, future or contingent and whether or not arising in relation to matters which occurred in the past.
Factors means those factors that may alter the final result after application of the Product, including (but not limited to) weather, temperature, altitude, humidity, method and/or technique of application of the Product, time left for Product to dry, tools used in application of the Product, the use of finishing methods such as waxes and sealants and the preparation and condition of the substrate prior to application of the Product.
LFX means Lustre FX Pty Ltd ACN 638 855 704 ABN 82 638 855 704 or related entities and includes all employees, representatives, contractors, agents and assigns.
Law means any statutory instrument or common law principle or doctrine, and includes (but is not limited to) the Australian Consumer Law as set out in Schedule 2 of the ACL.
Manufacturer is defined in the ACL.
Product means any product, good or other thing that was manufactured by LFX.
Supplier means is defined in the ACL.
Training Course means the training course run by LFX for proper preparation of the substrate and application of the Product (including but not limited to the Alchemy Academy), completion of which is evidenced by a certificate of completion from LFX.
Warranty means this document.
Warranty
Subject to the other terms and conditions in this Warranty, and to matters implied by Law that cannot be excluded, LFX warrants that the Product is of merchantable quality and free from defects for a period of twelve (12) months after proper application of the Product.
Where a Law requires LFX to make a warranty or guarantee (and that Law cannot be excluded, modified or limited), LFX makes that warranty or guarantee, including:
(a) where a Consumer Claims against LFX as a Manufacturer and/or as a Supplier (as the case may be), LFX makes the guarantees and warranties required by Law, only to the extent that those guarantees and warranties cannot be excluded or limited; and
(b) where a Supplier Claims against (including seeking indemnity from) LFX as Manufacturer, the rights of the Supplier are only those given to the Supplier by Law, and only to the extent that those rights cannot be excluded or limited.
Application and Exclusion of Laws
Any Law granting rights to a Consumer, Supplier, or any person that might Claim against LFX, is excluded to the extent permitted by Law, including:
(a) all terms, representations, warranties, guarantees and conditions that might otherwise be granted or implied by Law are expressly excluded to the maximum extent permitted by Law, unless agreed by LFX in writing; and
(b) LFX does not exclude, restrict, limit or modify any liability, warranty or guarantee that cannot be excluded, restricted, limited or modified as permitted by Law; and
(c) this Warranty must be interpreted such that any term or provision that is inconsistent with the Law (and that inconsistency is in breach of the Law), then that term or provision must be read down to the extent that it complies with the Law, however the balance of this warranty shall remain valid and binding.
This Warranty is governed by the laws of the Australian Capital Territory, and any person seeking to rely on this Warranty or otherwise Claim against LFX irrevocably submits to the exclusive jurisdiction of the courts and tribunals of the Australian Capital Territory.
Exclusions
LFX does not make any guarantee or warranty (and does not accept responsibility or liability) in relation to any good, component, accessory, supply, service, product or thing that is not a Product, noting that LFX makes no warranty or guarantee in relation to good, component, accessory, supply, service, product or thing manufactured or supplied by any third party that is not LFX.
LFX does not make any guarantee or warranty (and does not accept responsibility or liability) in relation to:
(a) the standard or quality of skill or workmanship (or the selection, choice or engagement) of any builder, installer or other design and/or construction professional that is used to apply or otherwise use the Product; or
(b) the selection and/or choice, or for the acts or omissions of, any such builder, installer or design and/or construction professional.
LFX does not make any guarantee or warranty (and does not accept responsibility or liability) in relation to the Products:
(a) that were not applied in strict compliance with any instruction given or made available by LFX, whether that instruction was contained in a Training Course, on the packaging of the Product, included separately with the Product, available on the website of LFX, available for inspection from the Supplier of the product, or otherwise available, and this includes the product data sheet relating to the Product which the Consumer, Supplier or person making a Claim against LFX acknowledges is available and must be read and understood prior to selection and application of the Product;
(b) if the Product was not applied, installed or otherwise used by an appropriately qualified and experienced design and/or construction professional who has the appropriate skills;
(c) if the Product was not applied, installed or otherwise used by a person who has completed a Training Course;
(d) for any defect caused by to the condition, improper preparation, or movement (natural or otherwise) of the substrate;
(e) for any defect or irregularity caused by any, all or some of the Factors; and/or
(f) unless LFX is notified of the Claim within 7 days of the person making the Claim becoming aware of the circumstances giving rise to the Claim.
Limitation of Liability
Subject to Law, the liability of LFX is limited to any one of the following (at LFX’s election):
(a) the replacement of the Product or the supply of equivalent Product;
(b) the repair of the Product, or end result after application or installation of the Product;
(c) the payment of the amount initially paid by the Consumer, or person making a Claim against LFX, for the Product;
(d) the payment of the cost of providing a replacement Product or of acquiring an equivalent Product; or
(e) the payment of the cost of having the Product, or the end result after application or installation of the Product, repaired.
Subject to Law, LFX is not liable:
(a) for any loss, cost, damage or expense to the extent that it is for indirect, special, economic or consequential loss, where consequential loss means any loss, cost, damage or expense beyond the normal measure and beyond that which every plaintiff in a like situation would suffer; and/or
(b) for any loss of revenue, business or profits or any nature whatsoever, loss of expected savings, loss of chance or business opportunity, business interruption, loss or reduction of goodwill or damage to reputation or any loss of value of intellectual property.
Exclusion of Representations
Any Consumer, Supplier, or any person that might Claim against LFX acknowledges and agrees that due to the nature of the Product, and that the final result after application of the Product will depend on the Factors, the final result may have a different look, feel, finish or cosmetic or aesthetic quality to that of images, marketing materials, swatches and other images shown or made available by LFX. LFX will not be liable under any Claim where that Claim relates to what is a reasonable deviation in the look, feel, finish or cosmetic or aesthetic quality of the final result after application of the Product, to that of images, marketing materials, illustrations, swatches and other representations shown or made available by LFX, due to the Factors.