SHADESAILS AND DOMESTIC KNITTED FABRIC
Gale Pacific Limited
10 Year Product Warranty and Limitation of Liability
If, as a direct result of ultra-violet exposure, this product cracks, splits or tears (defect) within 10 years after the date on which the product is purchased from Gale Pacific Limited ACN 082 263 778 (Gale Pacific) or an authorised distributor or agent of Gale Pacific, Gale Pacific will, at its option, replace the product (but not any other component) free of charge or refund the cost of such replacement. This warranty is subject to the following conditions and limitations.
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All claims under this warranty must be made in writing addressed to: Gale Pacific Limited, PO Box 892 Braeside,Victoria, 3195, Australia. Or, if the product was purchased in North America, to Gale Pacific Inc, PO Box 951509, Lake Mary, Florida 32795-1509, USA. Or, if the product was purchased in the United Arab Emirates, to Gale Pacific, PO Box 17696, Jebel Ali, Dubai, U.A.E. All claims must be accompanied by a sample of the fabric for laboratory testing and proof of place and date of purchase of the product.
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Gale Pacific will not be liable for any claim made under this warranty in respect of any product in any of the following circumstances:
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If the defect is contributed to or caused by any improper use of the product or usage of the product for purposes other than that for which the product was designed or intended.
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If the defect occurs wholly or partly as a result of any act or omission of any person other than Gale Pacific.
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If the product has been subjected to misuse, neglect, accident or abuse.
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If the product is altered or modified in any way unless such modification has been approved in writing by Gale Pacific.
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If the product is erected, installed or used in violation of, or in a manner that is inconsistent with, instructions or warnings furnished by Gale Pacific.
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If domestic knitted shadecloth is used for any purpose other than domestic applications.
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This warranty does not cover:
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Colour fading of the product (even if due to exposure of the product to ultra-violet rays) or a deterioration in the chemical composition of the fabric due to exposure to ultra-violet rays; or
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Any damage to the product caused or contributed to by exposing the product to chemicals (including chlorine), placing the product near an open flame (including flames from a barbecue), tensioning the product beyond its tear and tensile capabilities or mechanical friction.
In addition to the above warranty, the Trade Practices Act 1974 (Cth) and other state and territory legislation may imply warranties or conditions or impose liability on Gale Pacific in relation to the product or its supply which cannot, or can only to a limited extent, be excluded, restricted or modified. Except for those implied warranties or conditions and such liability, and for the warranty described above:
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All warranties and conditions (whether express or implied, statutory or otherwise) relating to the product or its supply are expressly excluded; and
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Gate Pacific will not be liable for any loss or damage suffered by any person (including the purchaser of the product) in any way relating to or arising from the product or its use (including loss or damage arising from the negligence of, or contributed to by, Gale Pacific).
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If liability for breach by Gale Pacific of a warranty or condition or any other liability imposed on Gale Pacific by legislation which cannot be excluded may be limited. Gale Pacifics liability is limited to the extent permitted by law, and if liability may be limited in any one of a number of ways, Gale Pacifics liability is limited in any one of the permitted ways chosen by Gale Pacific in its absolute discretion.
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