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TOUGH INDUSTRIES/TECHNIBAYER accepts no responsibility for any liability, loss, damage, death or injury whatsoever in connection with the use of the Products howsoever caused. Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you tous in respect of the Product(s) in question. Your purchase of the Products constitutes your agreement to these
WARRANTY.
12 Months warranty is offered on all our products in line and accordance with Australian Consumer Laws. The warranty does not apply to defects or damage arising from any modification, storage, overload or misuse of the product or general wear and tear. Tough Industries reserves the right to change the design, specifications or composition of the any of our products without notice and without liability. Tough Industries reserves the right to replace defective products or components with products or components of similar quality, grade and composition, where an identical product or component is not available. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods. Any warranty claim must be accompanied by proof of original ownership (such as a receipt) and details of the alleged defect. The applicable warranty period commences on the date of sale to the original purchaser. The Warranty applies only while the Tow Product is owned by the original purchaser or the recipient of a new Tow Product (in the case of acquisition as a gift or promotion). The Warranty does not apply to Tow Products that were purchased second hand, whether purchased installed on a vehicle or purchased separately. If a defect appears in the Tow Product before the end of the warranty period and Tough Industries finds the Tow Product to be defective in materials or workmanship, Tough Industries will, in its sole discretion, either:
1. Repair the Tow Product or the defective component of the Tow Product free of charge;
2. Replace the Tow Product or the defective component of the Tow Product; or
3. Refund the purchase price of the Tow Product to the original purchaser. Exclusions (SEE BOTTOM)
The Warranty will not apply where:
The Tow Product has been on-sold or assigned by the original purchaser;
b) The Tow Product has been modified or repaired by someone other than Tough Industries.
c) Tough Industries cannot establish any fault in the Tow Product after testing;
d) The Tow Product has been used other than for the purpose for which it was designed;
e) The Tow Product has been subject to abnormal conditions, including temperature, water, humidity, pressure, stress or similar;
f) The defect in the Tow Product has arisen due to abuse, misuse, neglect or accident;
g) The defect in the Tow Product has arisen due to the unlawful or unusual operation of the vehicle to which it is fitted;
h) The defect in the Tow Product has arisen due to the purchaser’s failure to properly assemble, install, fit, maintain or use the Tow Product in accordance with the specifications and instructions provided by Tough Industries
i) The defect in the Tow Product has arisen due to the overloading of the Tow Product beyond its
specified or recommended capacities.
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