Warranty Policies

Blickle Branded Products Warranty

Blickle Branded Products Warranty

This limited warranty (“Warranty”) applies to Blickle branded products sold by QHDC Blickle Australia Pty Ltd (“Products”). This Warranty must be read together with the Trading Terms and Conditions available at https://www.qhdcblickle.com.au/shop/trading-terms-conditions/ along with any other location specific legal notice.  In this document,

• ”ACL” means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
• “consumer” has the meaning given by the ACL;
• “we”, “us” and “our” refers to QHDC Blickle Australia Pty Ltd ACN 634 267 557; and
• “you” refers to an original purchaser of the Products.

1. Express Limited Warranty.
   
   Subject to standard manufacturing variations and the terms of this Warranty, we warrant to you that (a) for a period of 4 years from the date of shipment of a Product (the "Warranty Period"), each Product will be free from significant defects in material and workmanship and (b) upon delivery, the Products will materially conform to the general and technical specifications given to you at the time of purchase (“Specifications”). To the extent you are a consumer (as defined under Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“ACL”), your rights under this Warranty apply in addition to your rights under the ACL and are not intended to limit those rights.

This Warranty is given only to you, is not transferrable, and does not apply to any purchaser of our products from an unauthorised dealer or reseller or second-hand.

2. Warranty Exclusions.

The following items are not defects in workmanship or materials and are excluded from the Warranty:

• accidental damage caused by you, wear, tear, cuts or scratches that appear or occur after the date the Product was delivered to you or collected by you;
• damage due to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling, abnormal physical stress, abnormal environmental conditions or use contrary to any instructions issued by us;
• failure to maintain and clean any components of the Product in accordance with any specific directions given to you;
• colour fading over time;
• damage or deterioration due to exposure to severe temperatures, salt water or salt air or oxidising chemicals;
• rust when any Product is used outdoors;
• damage in transport; or
• damage due to the Product having been modified or altered, reconstructed, repaired or altered by any third parties, or used with any third-party products, hardware or product that has not been previously approved in writing by us.

3. Inspection; Exclusive Remedy for Breach of Warranty

3.1 You agree to examine the Products immediately upon receipt and if any Products do not conform to the Specifications or contain a significant defect in material or workmanship,  (“Nonconforming Products”), reject the Nonconforming Products. The Products must be examined closely. To make a claim under this Warranty on the grounds that the Products do not meet their Specifications, you must notify us in writing within seven (7) days after delivery of the Products.  If no notice is received by us during this timeframe, then subject to the ACL, you are deemed to have irrevocably accepted that the Products meet the Specifications.  To make a claim that a Product contains a significant defect in material or workmanship, you must notify us in writing within 4 years of the date of shipment of the Product.

3.2 In order to make a claim under this Warranty, the original purchase receipt is required as proof of purchase. Any claim under this Warranty must be made within the timeframe specified in clause 3.3, be in writing to us, specify the grounds for the claim, include your receipt, and be sent by post to 60 Newheath Drive Arundel Qld 4214 or by email to sales@qhdcblickle.com.au. The notice must describe with specificity all defects and nonconformities and include such other written evidence or other documentation as may be reasonably required by us (including the Products you allege are Nonconforming Products or defective, or a representative sample thereof). All defects and nonconformities that are not specified will be deemed waived and accepted by you. Subject to the terms of this Warranty, all freight costs for the return of the Products shall be paid by you.  

3.3 We will determine, acting reasonably, whether the Products are Nonconforming Products. If we accept that the Products are Nonconforming Products, we will, at our option, either:
(a) repair such Nonconforming Products; or
(b) replace such Nonconforming Products free of charge; or
(c) refund to you the amount paid by you for the Nonconforming Products.

3.4 For us to process any claim relating to Specifications, we may require you to return some or all of those Products to allow us an opportunity to inspect them.  You must not return, repair or discard any such Products without our express written consent.  Upon our request, you must ship, at your expense and risk of loss, all Nonconforming Products to us at the address above or as we may otherwise instruct you in writing.

4. Limitation of Liability

4.1. The Products may cause damage if not used for their intended purposes. We disclaim all liability related to damages caused by use of the Products not in strict conformity with their contemplated purposes.

4.2 You assume all risk and liability for the results obtained by the use of the Product in the practice of any process, whether in terms of operating costs, general effectiveness, success or failure.

4.3 To the extent that you acquire the Product from us as a consumer, you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by this Warranty. For example, the Product (if purchased by a consumer) comes with non-excludable guarantees that they are of acceptable quality and correspond with their description.  Nothing in this Warranty is intended to exclude or restrict the application of such laws.

4.4 Nothing in this Warranty operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under the ACL or any other statute, the exclusion, restriction or modification of which would contravene that statute or cause any term of the Contract to be void (the “Non-excludable Liabilities”).

4.5 Except for any Non-excludable Liabilities or this Warranty, all other conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom, or the general law that impose any liability or obligation on us are expressly excluded.

 

Non-Blickle Branded Products Warranty

This limited warranty (“Warranty”) applies to Non-Blickle branded products sold by QHDC Blickle Australia Pty Ltd (“Products”). This Warranty must be read together with the Trading Terms and Conditions available at https://www.qhdcblickle.com.au/shop/trading-terms-conditions/ along with any other location specific legal notice.  In this document,

• ”ACL” means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
• “consumer” has the meaning given by the ACL;
• “we”, “us” and “our” refers to QHDC Blickle Australia Pty Ltd ACN 634 267 557; and
• “you” refers to an original purchaser of the Products.

1. Express Limited Warranty.
   
   Subject to standard manufacturing variations and the terms of this Warranty, we warrant to you that (a) for a period of 1 years from the date of shipment of a Product (the "Warranty Period"), each Product will be free from significant defects in material and workmanship and (b) upon delivery, the Products will materially conform to the general and technical specifications given to you at the time of purchase (“Specifications”). To the extent you are a consumer (as defined under Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“ACL”), your rights under this Warranty apply in addition to your rights under the ACL and are not intended to limit those rights.

This Warranty is given only to you, is not transferrable, and does not apply to any purchaser of our products from an unauthorised dealer or reseller or second-hand.

2. Warranty Exclusions.

The following items are not defects in workmanship or materials and are excluded from the Warranty:

• accidental damage caused by you, wear, tear, cuts or scratches that appear or occur after the date the Product was delivered to you or collected by you;
• damage due to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling, abnormal physical stress, abnormal environmental conditions or use contrary to any instructions issued by us;
• failure to maintain and clean any components of the Product in accordance with any specific directions given to you;
• colour fading over time;
• damage or deterioration due to exposure to severe temperatures, salt water or salt air or oxidising chemicals;
• rust when any Product is used outdoors;
• damage in transport; or
• damage due to the Product having been modified or altered, reconstructed, repaired or altered by any third parties, or used with any third-party products, hardware or product that has not been previously approved in writing by us.

3. Inspection; Exclusive Remedy for Breach of Warranty

3.1 You agree to examine the Products immediately upon receipt and if any Products do not conform to the Specifications or contain a significant defect in material or workmanship,  (“Nonconforming Products”), reject the Nonconforming Products. The Products must be examined closely. To make a claim under this Warranty on the grounds that the Products do not meet their Specifications, you must notify us in writing within seven (7) days after delivery of the Products.  If no notice is received by us during this timeframe, then subject to the ACL, you are deemed to have irrevocably accepted that the Products meet the Specifications.  To make a claim that a Product contains a significant defect in material or workmanship, you must notify us in writing within 4 years of the date of shipment of the Product.

3.2 In order to make a claim under this Warranty, the original purchase receipt is required as proof of purchase. Any claim under this Warranty must be made within the timeframe specified in clause 3.3, be in writing to us, specify the grounds for the claim, include your receipt, and be sent by post to 60 Newheath Drive Arundel Qld 4214 or by email to sales@qhdcblickle.com.au. The notice must describe with specificity all defects and nonconformities and include such other written evidence or other documentation as may be reasonably required by us (including the Products you allege are Nonconforming Products or defective, or a representative sample thereof). All defects and nonconformities that are not specified will be deemed waived and accepted by you. Subject to the terms of this Warranty, all freight costs for the return of the Products shall be paid by you.  

3.3 We will determine, acting reasonably, whether the Products are Nonconforming Products. If we accept that the Products are Nonconforming Products, we will, at our option, either:
(a) repair such Nonconforming Products; or
(b) replace such Nonconforming Products free of charge; or
(c) refund to you the amount paid by you for the Nonconforming Products.

3.4 For us to process any claim relating to Specifications, we may require you to return some or all of those Products to allow us an opportunity to inspect them.  You must not return, repair or discard any such Products without our express written consent.  Upon our request, you must ship, at your expense and risk of loss, all Nonconforming Products to us at the address above or as we may otherwise instruct you in writing.

4. Limitation of Liability

4.1. The Products may cause damage if not used for their intended purposes. We disclaim all liability related to damages caused by use of the Products not in strict conformity with their contemplated purposes.

4.2 You assume all risk and liability for the results obtained by the use of the Product in the practice of any process, whether in terms of operating costs, general effectiveness, success or failure.

4.3 To the extent that you acquire the Product from us as a consumer, you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by this Warranty. For example, the Product (if purchased by a consumer) comes with non-excludable guarantees that they are of acceptable quality and correspond with their description.  Nothing in this Warranty is intended to exclude or restrict the application of such laws.

4.4 Nothing in this Warranty operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under the ACL or any other statute, the exclusion, restriction or modification of which would contravene that statute or cause any term of the Contract to be void (the “Non-excludable Liabilities”).

4.5 Except for any Non-excludable Liabilities or this Warranty, all other conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom, or the general law that impose any liability or obligation on us are expressly excluded.