1. WARRANTY
1.1 This warranty applies to Keelback branded hardware products, being Keelback devices with a unique serial number, plus any Keelback features, upgrades, elements or combination thereof (‘Hardware’). It specifically excludes software and third-party products supplied by Keelback. To the extent permitted by any applicable statute, this warranty applies to the original purchase of the Hardware from Keelback and is not transferable to any subsequent user or owner.
2. HARDWARE WARRANTY
2.1 Unless specified otherwise, Keelback warrants that Keelback Hardware will be free from any material or workmanship defects to the extent that they affect normal use and will conform to published specifications for a period of one year from the date of purchase. The date of purchase is the date of original supply of Keelback Hardware to any Keelback customer, with the invoice providing proof of supply.
2.2 To the extent allowed at law, Keelback disclaims any responsible for representations made by it, its employees or contractors or any or third-party vendor regarding the suitability of Keelback Hardware for any particular purpose and a customer must rely on their own assessment of suitability.
3. SERVICE AND REPAIR
3.1 During the warranty period, all Hardware servicing and repairs, including the management and installation of associated changes or adaptations must be undertaken by Keelback or an authorised repairer.
3.2 The warranty will be void and no longer apply where the Hardware:
a) has been tampered with, upgraded or has been serviced by any unauthorised persons, or
b) where any tamper evident seals are broken or removed.
3.3 When a service or repair involves the exchange or replacement of a Hardware part, the part replaced becomes the property of Keelback and the replacement Hardware part becomes the property of the customer. Any Hardware part provided as a replacement will be in good working order and will assume whatever remaining warranty period that was required of the part replaced. Repairs may be conducted with new and/or serviceable used parts (which perform like new parts).
3.4 To obtain any repair under this warranty, you may be required to provide proof of purchase, and you must:
a) obtain a Return to Manufacturer Authorisation (RMA) from Keelback;
b) ensure that Hardware is appropriately packaged and shipped to the location advised at the time of issue of the RMA; and
c) if applicable, before an RMA is provided, carry out any test procedures requested by Keelback. You must only return items for repair as instructed by the Keelback support team.
4. EXTENT OF WARRANTY
4.1 Nothing in this warranty guarantees uninterrupted or error-free operation of any item of Hardware, or provides protection against misuse, accident, repair of cosmetic marks, improper maintenance by the user, or failure caused by a third-party product which is not part of the original Hardware as supplied by Keelback . This warranty does not cover any data loss or consequential loss resulting from the malfunction of the Hardware.
4.2 Nothing in this warranty excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law or any other applicable legislation which cannot lawfully be excluded or limited. This warranty is in addition to any rights you may have under the Australian Consumer Law and any other statute as may apply from time to time, which cannot be excluded or limited, and replaces all other conditions and warranties that may otherwise be implied.
5. Exclusions from Cover
5.1 To the extent permitted by law, this warranty will not cover any loss or damage:
a) Arising from or out of misuse of the Hardware, fire, lightning, explosion, malicious damage, storm and/or tempest, water damage or accidental damage.
b) Directly or indirectly caused as a result of riots, civil unrest or Act of God.
c) Arising from or relating to the attachment of or incorporation into the Hardware of additional products or components, unless such attachment or incorporation is a function of the normal expected use of the Hardware.
d) Arising from or relating to any batteries, cables, connectors or Keelback supplied chargers, unless such damage is caused and advised to us within three (3) months of original purchase date.
e) Relating to or arising from any damage resulting from voltage spikes or other fluctuations in supply to a Keelback supplied charger.
f) In respect of loss of benefits or profits, work stoppage, or loss or impairment of data howsoever arising out of the use or inability to use the Hardware, or in connection with guarantee of performance or efficiency.
g) Relating to third-party property damage and/or third-party bodily injury.
h) Any loss or damage directly or indirectly caused as a result of viral contamination.
i) Arising out of any failure, malfunction, defect, inoperability, breakdown, disruption or stoppage of the Hardware or any Hardware functions or the function of any related components caused by, arising from or related to, directly or indirectly any design, planning or engineering compatibility, omission or deficiency of third-party products or systems to which the Hardware is connected.