Disclaimer and Warranty
Disclaimer and Warranty
1. Uneek Poultry warrants each new product sold to be free from defects in material, workmanship and construction.
2. Where the products are installed by Uneek Poultry or its servants or agents, Uneek Poultry warrants that the products will be installed with all due care and skill.
3. Uneek Poultry will not be liable to repair or replace products which are:
3.2. damaged during installation where such installation is not carried out by Uneek Poultry or its employees, servants or agents,
3.3. damaged by the purchaser or user, or by livestock belonging to the purchaser or user
3.4. used in a manner which is inconsistent with the instructions provided by Uneek Poultry, provided by Product manufacturer and/or shown on the website operated by Uneek Poultry at www.uneekpoultry.com.au (“the website”).
3.5. damaged by unusual weather conditions, extremes of temperature or acts of God
3.6. disassembled, tampered with or repaired by the purchaser or by any person doing so at the purchaser’s express or implied request
3.7. damaged as a result of exposure to dirt or corrosive substances
4. Uneek Poultry will not be liable for additional damage arising from failure to report any issue to Uneek Poultry in a timely manner.
4.1 Uneek Poultry will not be liable either directly or indirectly for any loss of eggs or animal associated with the product failing to operate.
5. Uneek Poultry will not replace goods where any damage to the goods is solely as a result of ordinary wear and tear.
6. In relation to products supplied by Uneek Poultry which are not goods of a kind ordinarily acquired for personal, domestic or household use or consumption:
6.1. Uneek Poultry will replace the product or repair the product without charge at Uneek Poultry earliest convenience,
6.2. the decision to repair or replace will be at Uneek Poultry discretion.
6.3. Uneek Poultry will exercise such discretion reasonably.
6.4. Any products returned to Uneek Poultry and which Uneek Poultry is required to repair under the warranty will be returned to the purchaser at Uneek Poultry expense
6.5 Uneek Poultry shall not in any event be liable for any other direct or indirect or consequential damages or injury to human or animal of any kind.
7. Where a product or a component of a product is listed on the website as being subject to a warranty for a specific period, Uneek Poultry:
7.1. warrants that the product will operate as described on the website for the said period, subject to the exceptions set out in Clauses 3.1 to 3.7 above
7.2. Will repair or replace the relevant product or component at Uneek Poultry's sole discretion
7.3. Will exercise such discretion reasonably
7.4. Will bear the cost of returning any repaired goods to the purchaser
8.1 Uneek Poultry is not responsible for items damaged or lost in transit
8.2 Without limiting the operation of any other terms and conditions herein, it is agreed that late delivery does not constitute a failure of our agreement, and does not entitle cancellation of an order.
9. The warranties set out above are subject to the provisions of Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“the Australian Consumer Law”). Accordingly, where the Australian Consumer Law applies:
9.1. In the event of any inconsistencies between the warranties set out above and the Australian Consumer Law, the Australian Consumer Law shall prevail
9.2. any provision limiting any relevant warranty will be read down to the minimum extent necessary to render the relevant warranty consistent with the Australian Consumer Law.