Warranty

1.  INTERPRETATION
1.1  “Thomas Gooden”, “we”, “us” or “our” means Thomas Gooden Foundry Services Pty Limited ABN 87 003 383 051.
1.2  “You” or “your” means the original purchaser of the Product.
1.3  “Product” or “Goods” means the product(s) supplied by Thomas Gooden to which this Warranty applies.
1.4  “Warranty Period” means the period specified in clause 3.1 commencing from the date of purchase.
1.5  “Defect” means a fault in materials or workmanship that existed at the time of supply and that causes the Product to fail during normal and proper use. A Defect does not include damage or failure caused by any of the circumstances listed in clause 6.
1.6  “Australian Consumer Law” or “ACL” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent State and Territory fair trading legislation.
1.7  “Licensed Plumber” means a person who holds a current licence to perform plumbing and drainage work issued by the relevant State or Territory licensing authority.
1.8  “Licensed Gas Fitter” means a person who holds a current licence to perform gas fitting work issued by the relevant State or Territory licensing authority.

2.  AUSTRALIAN CONSUMER LAW — CONSUMER GUARANTEES

2.1  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 to 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.
2.2  Consumer Guarantees under the ACL do not apply if you:
(a)  received what you asked for but simply changed your mind;
(b)  misused the product in any way that caused the problem; or
(c)  knew of or were made aware of the fault in the product before you bought it.
2.3  Thomas Gooden shall not be liable to the purchaser or user of any Product for any loss or damage (whether direct, indirect or consequential) or costs or expenses suffered or incurred otherwise than as provided for in this document, the Australian Consumer Law or any other law that cannot be excluded.
2.4  Where a failure does not amount to a major failure, Thomas Gooden is entitled to choose between providing you with a repair, replacement or refund. To obtain compensation for any other loss or damage, you will need to provide documentary evidence of the loss or damage suffered and documentary evidence that such loss or damage was a reasonably foreseeable consequence of a failure by Thomas Gooden to comply with a consumer guarantee. Such evidence may include photographs, statutory declarations, receipts or reports.

3.  WARRANTY AGAINST DEFECTS
3.1  In addition to all rights and remedies to which you may be entitled under the Australian Consumer Law or any other applicable law, Thomas Gooden warrants its Products to be free from defects in materials and workmanship for a period of twelve (12) months from the date of purchase (Warranty Period).
3.2  This Warranty Against Defects applies only to the original purchaser of the Product and is not transferable to any subsequent owner.
3.3  Where Thomas Gooden is not the manufacturer of the Product, the Product is sold subject to the relevant manufacturer’s warranty terms and conditions. Details of applicable manufacturer warranty periods are available from Thomas Gooden on request. In such cases, Thomas Gooden shall not be bound by or responsible for any warranty other than that provided by the manufacturer, except as required by law.
3.4  Thomas Gooden’s liability under this Warranty Against Defects is subject to Thomas Gooden being satisfied that the defect was caused by defective workmanship or materials and was not caused or substantially contributed to by any of the circumstances set out in clause 6 of this document.

4.  HOW TO MAKE A WARRANTY CLAIM
4.1  All warranty claims must be made within the Warranty Period and must be accompanied by proof of purchase (such as a receipt or tax invoice).
4.2  To make a warranty claim in respect of an uninstalled Product:
(a)  Contact Thomas Gooden by email at [email protected] or by phone on 02 9603 9988 to advise of the claim and obtain a Return Authorisation Number (RA Number);
(b)  Send a copy of this Warranty, your proof of purchase and a written explanation of the defect to Thomas Gooden at the address set out in clause 1.1 of this document; and
(c)  Return the Product to Thomas Gooden’s address with the RA Number clearly marked on the packaging.
4.3  To make a warranty claim in respect of an installed Product:
(a)  Contact Thomas Gooden by email at [email protected] or by phone on 02 9603 9988 to advise of the claim and obtain a Return Authorisation Number (RA Number);
(b)  Provide proof of purchase and a written explanation of the defect; and
(c)  If the Product cannot reasonably be returned, contact Thomas Gooden to discuss inspection arrangements.
4.4  Thomas Gooden will not accept any warranty claim without a valid Return Authorisation Number. No repairs, replacement or refunds will be commenced prior to Thomas Gooden’s assessment and approval of the claim.
4.5  Thomas Gooden will pay your reasonable, direct out-of-pocket expenses in making a warranty claim where the claim is valid and accepted. You may submit details and proof of such expenses to Thomas Gooden for consideration.

5.  WARRANTY REMEDY
5.1  Where Thomas Gooden determines that a Product is defective under this Warranty, Thomas Gooden will, at its election:
(a)  replace the defective Product or part with a new or equivalent product;
(b)  repair the defect; or
(c)  refund the purchase price of the Product.
5.2  Thomas Gooden reserves the right to determine which remedy is most appropriate in the circumstances. The provision of a remedy under this Warranty does not extend the original Warranty Period.
5.3  Replacement or repair of goods under this Warranty will not extend the original Warranty Period beyond the original twelve (12) month period commencing from the original date of purchase.

6.  WHAT THIS WARRANTY DOES NOT COVER

6.1  Usage — the Product was not used in normal circumstances or was used in a manner inconsistent with its intended application.
6.2  Application — the Product was used for a purpose other than that for which it was designed or manufactured.
6.3  Defective installation — the Warranty will not apply where:
(a)  the Product was not installed in accordance with applicable Australian Standards, the Plumbing Code of Australia and Thomas Gooden’s installation instructions (where provided); or
(b)  the Product was not installed by a Licensed Plumber (for plumbing products) or a Licensed Gas Fitter (for gas products), where such licensing is required under applicable State or Territory law.
6.4  Maintenance and Repair — the Product was damaged during the process of maintenance or repair not approved by Thomas Gooden.
6.5  Alteration and Modification — the Product was altered or modified in a manner not recommended or approved by Thomas Gooden or the manufacturer, or was tampered with by any unauthorised person.
6.6  Commencement of Works — any replacement or repair work was carried out without Thomas Gooden’s prior written approval, or was not carried out in accordance with Thomas Gooden’s instructions.
6.7  Neglect — the Product was not maintained in accordance with the manufacturer’s instructions or applicable standards.
6.8  Misuse — the Product was not fitted correctly, was overtightened, or was used in a manner that caused damage.
6.9  Cleaning — the Product was cleaned with abrasive, corrosive or chemical cleaning agents not approved for use on the Product.
6.10  Water Properties — the Product incurred damage due to poor water quality, corrosive water conditions or non-compliant water supply.
6.11  Water Supply — the supply lines were not adequately flushed prior to installation, resulting in damage from waterborne particles, thread tape, pipe cuttings, grit or other debris.
6.12  Exposure — the Product was exposed to waterborne solids, chemicals, extreme temperature conditions or environmental conditions outside the Product’s specified operating range.
6.13  Fair wear and tear, accident, act of God, fire, flood or any other event outside Thomas Gooden’s reasonable control.
6.14  Failure to follow any written instructions, installation guides or safety warnings provided by Thomas Gooden or the manufacturer.

7.  LIMITATIONS ON PARTS COVERAGE
7.1  Unless expressly stated otherwise, this Warranty Against Defects does not apply to:
(a)  product finishes including lacquered, painted, powder-coated or similar decorative finishes;
(b)  ceramic discs, cartridges or spindles (unless covered under clause 7.2);
(c)  tap jumper valves, O-rings, washers and other consumable or wear components; or
(d)  any part that has been subject to fair wear and tear.
7.2  Where an express Warranty Against Defects over ceramic discs (cartridges or spindles) applies, it shall be valid for five (5) years from the date of purchase, subject to the following conditions:
(a)  the mixer or product must have been installed in accordance with Thomas Gooden’s installation instructions; and
(b)  water pressure at the point of installation must not have exceeded 1000 kPa. It is advisable where daytime water pressure exceeds 600 kPa to fit an approved water pressure limiting valve.
7.3  Damages, labour charges and call-out fees incurred in connection with the installation, removal, repair or replacement of any Product or part are not covered by this Warranty Against Defects unless Thomas Gooden has expressly agreed otherwise in writing.

8.  GAS PRODUCTS — SPECIAL CONDITIONS

8.1  All gas products supplied by Thomas Gooden must be installed and tested by a Licensed Gas Fitter holding the appropriate licence for gas fitting work in the relevant State or Territory. Installation must be carried out in strict compliance with all applicable gas standards and State and Territory gas regulations.
8.2  This Warranty will be void for any gas product where:
(a)  the product was installed by a person who does not hold a current gas fitting licence in the relevant State or Territory;
(b)  the installation was not tested and commissioned in accordance with applicable gas standards and regulations;
(c)  the product was used outside its rated operating pressure or temperature range; or
(d)  the product was modified or interfered with in any way after installation.
8.3  Thomas Gooden accepts no liability whatsoever for any injury, death or damage to property arising from the improper installation, modification or use of gas products, or from installation by an unlicensed person.

9.  REASONABLE ACCESS
9.1  Thomas Gooden requires adequate and safe access to installed Products to undertake any warranty inspection, repair or replacement. Thomas Gooden will not be responsible for any damage or costs — including consequential damage or costs — where reasonable access is not available.
9.2  Where reasonable access is not available, Thomas Gooden reserves the right to provide a replacement Product only, rather than repair the installed Product in place.
9.3  If access to the premises is not available when a Thomas Gooden representative or service agent attends, the customer will be liable for any resulting service call costs.

10.  LIMITATION OF LIABILITY
10.1  To the maximum extent permitted by law, Thomas Gooden’s liability under this Warranty Against Defects is limited to one of the remedies specified in clause 5.1 at Thomas Gooden’s election.
10.2  Thomas Gooden shall not be liable for any indirect, special or consequential loss or damage, loss of profits, loss of use or any other economic loss arising in connection with any Product, whether under this Warranty, in contract, in tort or otherwise, to the extent such liability can be excluded by law.
10.3  This Warranty Against Defects is provided in addition to, and does not limit, restrict or modify any right or remedy available to you under the Australian Consumer Law or any other law that cannot be excluded.

11.  PRIVACY
11.1  Any personal information you provide to Thomas Gooden in connection with a warranty claim will be handled in accordance with Thomas Gooden’s Privacy Policy and the Privacy Act 1988 (Cth). Your information will be used to process and manage your warranty claim and for related purposes. For further information, contact us at [email protected].

12.  THOMAS GOODEN CONTACT DETAILS