Warranty Statement

ProRig Hardware Warranty Statement May 2017

General
At ProRig Hardware we aim to bring you the highest quality stainless steel hardware, wire rope and associated products available. We put significant time and resources into sourcing and developing long term relationships with our suppliers to ensure we bring you consistently high quality products.

The goods you purchase from ProRig Hardware are manufactured from high quality materials and come from reputable and experienced manufacturers.

Warranty and Limitation of Liability

1. Definitions:
   1. “you / your” means the party purchasing the Goods from us and includes its executors, administrators, successors and permitted assigns.
   2. “Goods” means all goods agreed to be supplied by us to you from time to time and pursuant to this Warranty and Limitation of Liability.
   3. “us / we / our” means ProRig Hardware Pty Ltd ABN 19 164 444 884 and any related body corporate (as defined by the Corporations Act 2001) and successors or assigns.

2. Where you are purchasing Goods for your own use (and not to on-sell or resupply) 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.  To the maximum extent permitted by law, all other warranties, express or implied, are hereby excluded.

3. Where you are purchasing Goods to on-sell or resupply:

1. we warrant that the Goods will be free from defects and of acceptable quality. This warranty does not:
   
   · apply to normal wear and tear of Goods that would be reasonably expected;
   · apply to any claims not made within a reasonable timeframe; and
   · apply if the Goods have been used with any accessory or other product not supplied or approved by us.
   · cover Goods that have been misused, installed incorrectly, improperly maintained, or received maltreatment, inattention or interference;

2. To the maximum extent permitted by law all other warranties, express or implied, are hereby excluded. 

3. In no event will our total aggregate liability to you (if any) for any particular order for the supply of Goods by us to you exceed the amount invoiced by us to you for the said order.

4. All break loads and pulls out strengths provided are intended as a guide only.  A safety factor should be applied to these readings depending on the particular circumstance of intended use of the Goods.  Subject to our obligations under the Australian Consumer Law (if applicable), it is your responsibility to determine whether the Goods are suitable for the particular purpose for which you require them.

5. We highly recommend that you obtain confirmation of specifications for Goods described on our website or in our catalogue, prior to placing an order.  To the maximum extent permitted by law, and subject to any rights conferred on you or obligations imposed on us by the Australian Consumer Law or other law which cannot be excluded, we will not be liable for any mis-description of Goods on our website or in our catalogue.

6. Where you engage us to design any Goods for you, to the maximum extent permitted by law, we are not liable to you, and you agree to release us from any claims in respect of the faulty or defective design of any Goods supplied.

7. To the maximum extent permitted by law, we will not be under any liability whether in contract, tort or otherwise, for any injury, damage or loss whatsoever arising in any way in connection with the supply or use of the Goods, including (without limitation) direct, indirect, special or consequential loss (whether arising in negligence or otherwise) or damage of any kind arising from claims by you, your customers (to whom you on-sell or resupply the Goods) third parties or otherwise.  If rights are conferred on you or obligations imposed on us by the Australian Consumer Law or other law which cannot be excluded, then this clause 7is read subject to those rights or obligations, and to the extent permitted by such legislation we hereby expressly limit our liability under any such legislation to the maximum extent permitted by law.