Effective 01/02/2021
Smart Ag Systems Product Warranty
1. No warranty or condition, express or implied, is given by Smart Ag Systems as to the condition of product supplied or as to the suitability or fitness of product supplied other than the warranties expressed herein.
2. The product warranty offered by Smart Ag Systems is limited to products manufactured by Smart Ag Systems. Products manufactured by other suppliers and distributed by Smart Ag Systems may not be covered by this warranty.
3. The Smart Ag Systems product warranty is offered only to the first buyer (“the Buyer or End User”) of the product and is not transferable or assignable to any other party.
4. Subject to the exclusions and conditions outlined herein, Smart Ag Systems warrants that for a period of 18 months from date of purchase of the relevant product by the Buyer, or for a period of 12 months from date of fitment to a machine, whichever is sooner, of the relevant product by the Buyer, that any warrantable product found to be defective in materials or workmanship will be repaired or replaced free of charge at Smart Ag Systems discretion, subject to compliance with the conditions of this warranty.
Smart Ag Systems Warranty DOES NOT COVER
1. Travel and diagnostic time, removal or installation costs, freight costs or charges of any sort from unauthorised sources, that have not been pre-approved in writing from Smart Ag Systems.
2. Damage to products in transit whether being delivered, installed or returned for service.
3. Claims arising directly or indirectly from incorrect use and installation, accidental damage, welding, lightning strike, acts of God, misuse, abuse or deterioration of the product, shortage of suitable parts and components or any other cause whatsoever beyond the reasonable control of Smart Ag Systems.
4. Component defects as a result of normal wear and tear or use of non-genuine components.
5. Loss of income or consequential costs and any indirect, special or consequential expenses or damages howsoever arising either through loss of crop, loss of data, lost production opportunity or any use of the product whatsoever.
6. Products repaired or modified by parties other than Smart Ag Systems or an authorised Smart Ag Systems dealer.
Smart Ag Systems Warranty Claim Procedure
1. Before making a warranty claim for repair or replacement of a product under warranty, either the Buyers themselves, or preferably the Buyer’s dealer must contact Smart Ag Systems with details of the problems identified with the product and details of the product, including Product, Name, Model Number and Serial Number.
2. Smart Ag Systems will then issue a Return Merchandise Authorisation number (RMA Number) which will establish the date of claim, details of the claim and tracking details.
3. The RMA Number including all details mentioned in (1) above must be sent together with the relevant product to the address nominated in the RMA. In some cases, proof of purchase may be required if the goods are not able to be identified by serial number.
4. The relevant product together with the RMA Number must be delivered at the Buyer’s own costs to Smart Ag Systems or the nearest Authorised Smart Ag Systems Agent.
Operation of Warranty
1. If a warranty claim is accepted by Smart Ag Systems, the product will be, at the election of Smart Ag Systems, either repaired or replaced with the same or equivalent product and returned, using any means which Smart Ag Systems finds suitable at Smart Ag System’s cost, to the Buyer or Buyer’s dealer.
2. Repair or replacement of a product pursuant to this warranty does not in any way extend the original warranty period.
3. Products must not be repaired in advance of any warranty claim failing which this warranty will be void.
4. Where the Buyer elects to replace an alleged defective product in advance of any warranty claim and the cost of replacement is requested from Smart Ag Systems, the alleged defective product must be returned to Smart Ag Systems at the Buyer’s own cost together with a copy of the original sales invoice and the RMA Number. Smart Ag Systems will then have the sole discretion whether to accept or deny the claim. If the claim is accepted the Buyer will be credited the amount of the invoice plus an allowance for freight costs.
5. Where the law implies any term or warranty which cannot be excluded, then the liability of Smart Ag Systems for any breach of such term or warranty will be limited in the manner permitted under section 68A of the Trades Practices Act 1974 to one of the following (as Smart Ag Systems in its absolute discretion may determine):
(i) in the case of products supplied, to any one or more of the following:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods;
(d) payment of the cost of having the products repaired; and
(ii) in the case of services supplied, to any one or more of the following;
(a) supply of the services again; or
(b) payment of the cost of having the services supplied again;
(c) in the event that Smart Ag Systems (as a deemed “manufacturer”) has a liability to the Buyer (as a “consumer”) pursuant to section 74H of the Trade Practices Act 1974, subject to the terms of section 74L of that Act, such liability is limited to a liability to pay to the Buyer an amount equal to whichever is the lesser of the cost of:
(i) replacing the product;
(ii) obtaining equivalent services; or
(iii) having the product repaired.
If any part of the above terms and conditions become void or unenforceable then that part shall be served to the intent that all parts that are not void or unenforceable shall remain in full force.
