Resource Brochure

ii. is caused by thermal shock such as placing a hot saucepan, iron or other hot object, directly on the Product; iii. is caused by inadequate support being used under the Product; iv. is caused by the supports used under the Product moving or shifting; v. emanates from a cut-out section of the Product (such as a cut out area for a sink or hotplate) (cracks of this type are caused by the cut-out, they are not a defect in the Product). b. A chip or a scratch is not a defect if it is caused by external force, unless Smartstone Australia considers the force to be negligible. 7. The Smartstone Warranty is limited to the repair, replacement or refunding of the Product. If the Product is replaced, the Smartstone Warranty does not cover costs incurred and relating to installation, milling, joining, fitting or bending or laminating the Product. The Smartstone Warranty does not cover any other losses arising out of a defect in the Product. When the SmartstoneWarranty does not apply 8. The Smartstone Warranty does not apply if the Product is: a. Used as flooring; b. Used in any outdoor application where it is exposed to weathering or ultraviolet radiation; c. Used in or around swimming pools, spas, or any other place where it may be exposed to chlorinated water; d. Used adjacent to any type of fireplace; e. Improperly installed; f. Installed by a person who is not professionally qualified to install the Product, or who is not licenced to perform the installation work under the law applicable to the place of the installation. How to Make a Claim 9. You must register this warranty by completing the Smartstone warranty card that came with your Product and returning it, by post, with proof of the date of your purchase of the Product to Smartstone. If you do not register this warranty within 60 days of purchase of the Product, this warranty is void. 10. To claim under this warranty you must a. Submit your claim in writing, and post it to Smartstone at the following address: General Manager Smartstone Australia 29 Henderson Street Turrella NSW 2205 b. Submit your claim within a reasonable period after the defect would have become apparent to a reasonable person; c. Include with your claim the following details: i. The date on which the product was installed. ii. The name of the person or company that installed the product. iii. The colour and finish of the product. iv. A description of the alleged defect. 11. You bear the expense of claiming under the Smartstone Warranty. 12. Within a reasonable period of receiving notice of your claim under the Smartstone Warranty, Smartstone will contact you to: a. Arrange to inspect the Product; b. Request further information or evidence in respect of the alleged defect in the Product; or c. Accept or reject your claim. 13. If you refuse to allow Smartstone to inspect the Product, or unreasonably refuse to provide Smartstone with the further information it has requested, the warranty is void. Statutory Guarantees 14. 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 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. 15. Some State,Territory and Federal legislation imply warranties, guarantees or conditions or impose liability on Smartstone 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 warranties, guarantees or conditions and such liability (which for the avoidance of doubt includes those warranties, guarantees, conditions and liabilities that cannot be excluded under the Australian Consumer Law), and for the warranty described above: a. all warranties, guarantees and conditions (whether express or implied, statutory or otherwise) relating to the Products or supply are expressly excluded; and b. Smartstone will not be liable for any loss or damage suffered by any person (including the purchaser of the Products in any way relating to or arising from the Products or its use (including loss or damage arising from the negligence of, or contributed to by Smartstone). 16. If liability for breach by Smartstone of a warranty, guarantee or condition or any other liability imposed on Smartstone by legislation which cannot be excluded may be limited, Smartstone’s liability is limited to the extent permitted by law, and if liability may be limited in any one of a number of ways, Smartstone’s liability is limited in any one of the permitted ways chosen by Smartstone in its absolute discretion.