This Product-Only Warranty (“Warranty”) is provided by MARKHAM (“Manufacturer”) to customers in the Australian and New Zealand construction markets (“Customers”). This Warranty outlines the terms and conditions under which Manufacturer agrees to repair or replace defective products sold to Customers within the specified warranty period.

1. Warranty Coverage:

1.1 Manufacturer warrants that its products sold to Customers in Australia and New Zealand shall be free from defects in material and workmanship under normal use and service.

1.2 The warranty period commences from the date of purchase and lasts for [Insert duration, e.g., one year] (“Warranty Period”).

1.3 This Warranty covers only the repair or replacement of defective products, as determined solely by Manufacturer.

2. Warranty Claims:

2.1 To make a warranty claim, Customers must provide proof of purchase, including the purchase date and details of the product.

2.2 Customers should notify Manufacturer of any potential warranty claims within a reasonable time from the discovery of the defect.

2.2 Manufacturer may require Customers to return the defective product, at Customers’ expense, for inspection and assessment.

3. Warranty Exclusions:

3.1 This Warranty does not cover defects or damages caused by:

a. Improper installation, handling,maintenance, or use of the product not in accordance with Manufacturer’s instructions or industry best practices.

b. Modification, alteration, or repair of the product by anyone other than Manufacturer or authorized personnel.

c. Acts of God, natural disasters, accidents, misuse, abuse, negligence, or unauthorized access.

d. Normal wear and tear, cosmetic damages, or consumable parts.

e. Failure to comply with applicable laws, regulations, or standards.

4. Warranty Remedies:

4.1 If a defect covered by this Warranty is identified within the Warranty Period, Manufacturer will, at its sole discretion:

a. Repair the defective product using new or refurbished parts.

b. Replace the defective product with a new or functionally equivalent product.

4.2 Manufacturer reserves the right to use new or refurbished parts in performing repairs or replacements.

4.3 The repaired or replaced product shall be covered by the remaining Warranty Period or for a period of [Insert duration, e.g., 90 days], whichever is longer.

5. Limitations of Liability:

5.1 To the maximum extent permitted by law, Manufacturer’s liability under this Warranty is limited solely to the replacement mentioned above.

5.2 Manufacturer shall not be liable for any indirect,incidental, special, or consequential damages arising out of the use or inability to use the product.

5.3 This Warranty does not affect any rights or remedies that Customers may have under the Australian Consumer Law (ACL) or the New
Zealand Consumer Guarantees Act (CGA).

6. Governing Law and Jurisdiction:

6.1 This Warranty shall be governed by and construed in accordance with the laws of Australia or New Zealand as applicable.

6.2 Any disputes arising from or in connection with this Warranty shall be subject to the exclusive jurisdiction of the courts of Australia or New Zealand, as applicable..

6.3 Applicable country of jurisdiction will be based on the location of the point of despatch.