8.3 Products Limited Warranty
(a) Subject to the other terms of this clause, we provide the following limited warranties for our Products:
All steel frames supplied by Wattle Living are warranted against failure due to a manufacturing fault for a period of 5 years from the date of purchase or otherwise in accordance with the Australian Consumer Law.
Components of products
Components of products including fabrics, leathers, foam, springs, suspension, mechanisms, feathers and fibre fillings, zippers, plastic fittings and sleeves, seat connectors, bracket receiver mechanisms and legs are warranted against failure due to manufacturing defect for a period of 2 years below or otherwise in accordance with the Australian Consumer Law.
All sofa accessories are warranted against failure due to a manufacturing fault for a period of 12 months from the date of purchase or otherwise in accordance with the Australian Consumer Law. Including but not limited to throw cushions, sofa tables, bed brackets.
All other Products not specifically listed above are warranted against failure due to a manufacturing defect for a period of 12 months or otherwise in accordance with the Australian Consumer Law.
(b) To the extent permitted by law, the above warranties do not apply to Products which were delivered to a commercial address or otherwise used in a commercial premises at any time.
(c) In order to claim pursuant to this warranty, you must comply with the terms of clause 4 and make your claim within the relevant warranty period.
(d) Any repair or replacement under this warranty is limited to the defective part only.
(e) This limited express warranty is in addition to any rights you may have under the Australian Consumer Law.
8.4 Claiming under the limited warranty
(a) Without limiting our rights, where the Products do not comply with the terms of clause 8.3 and are not excluded from the warranty, you may make a claim under our limited warranty for such Products provided that:
(i) you can present to us your receipt or other adequate proof of purchase;
(ii) you have complied with the notification and inspection requirements set out under clause 8.5;
(iii) the Products have been maintained in accordance with our care & maintenance manual (as provided with the Products);
(iv) the Products are returned to us in accordance with clause 8.6; and
(v) the Products are assessed by us as being faulty in accordance with clause 8.7.
(b) Any repair or replacement under this warranty is limited to the defective part only.8.5 Notification and inspection
(a) You must inspect all Products immediately on receipt of the Products and before use.
(b) You may reject any Products as faulty provided that you give us notice of such fault (including information of your Products, your name, order delivery address, phone number, details of defect claimed):
(i) in the case of a fault that is apparent on normal visual inspection, within 14 days of receipt or before use (whichever is first); or
(ii) in the case of a latent defect, within a reasonable time of the latent defect having become apparent and within the warranty period set out under clause 3.
(c) Once we have received notification of a defect, we will be in touch with you to will help determine whether your warranty claim is valid. Please note we reserve the continuing right to assess the Products in accordance with clause 7. You may be required to provide us with:
(i) photographic evidence of the defect including video evidence where moving parts are involved;
(ii) a written explanation of the defect and any other facts relevant; and/or
(iii) details of the defect over the phone.
(d) During the process we may ask a number of questions to assist us with diagnosing potential faults of the Products. You must respond to all questions in a truthful and prompt manner. Please note that we will determine in our sole discretion whether a part or Product is defective.
(e) In providing any of this information to us you authorise our use and disclosure to those third parties that may assist us in assessing the fault (such as the manufacturer or third-party service providers).
(f) You must do all that is reasonable to prevent the Products from becoming faulty or mitigate any further harm or damage. Products must be stored in a manner that does not cause any further harm or damage to the Products. Products (whether faulty or not) must be stored and handled in the same manner as if they had no fault.8.6 How to return Products or have us attend to the Products
(a) Once we have received your information and consider it likely that there may be a fault in the Products, we will provide you with a Return Authority Number and further instructions on how to send the Products back to us or in certain circumstances we may attend the location of the Products to repair the product (if viable). Please note that we reserve the right to assess the Products before providing a replacement or refund in accordance with clause 8.7.
(b) In sending the Products back to us:
(i) ensure the Products are packaged and stored in a way that will not cause any further harm or damage to the Products. We are not responsible for any damage caused during return transit due to inadequate protection or storage methods. Certain Products will require certain levels of safekeeping. If you are unsure, please contact our staff;
(ii) ensure that the Products are packaged and delivered with registered post (or a similar service). We will not be responsible for any Products lost in the post;
(iii) certain costs may be incurred by you in returning the Products to us, including postage or freight costs. We are not liable for those return costs (although if we accept that a Product is faulty, we may reimburse you the costs of return upon receipt of evidence of the costs incurred); and
(iv) you must return the Products in the way as instructed by us or we will be unable to process your return and your Products may be forfeited with no replacement or refund provided.
(c) Where we attend the location of the Products:
(i) you grant us (and our agents) an irrevocable licence to access the address where the Products are stored for the purposes of repair and review of the Products;
(ii) you must ensure that we (and our agents) have clear and free access to the address at the times as advised by us for the repair and review of the Products;
(iii) we will not be liable for any loss or damage to the address unless due to our (or our agent’s) negligence.8.7 Products being assessed
(a) We reserve the right to assess the condition and age of the Products before repairing the Products or providing a replacement or refund. We will not be liable for or required to accept any return for any fault or damage where such fault or damage is caused or partly caused by or arises as a result of:
(i) your acts or omissions, including where you fail to take reasonable steps to prevent them from becoming defective or you fail to follow our instructions or standard practice for products the same as or similar to the Products;
(ii) your continued use after discovering fault, or attempting to alter the Products without our consent. If a product or a component of a product becomes defective, you must not attempt to repair it. Doing so may result in damage which is not covered by this warranty;
(iii) you failing to maintain the Products in accordance with our care & maintenance manual;
(iv) wilful damage, negligence or abnormal use or storage or working conditions;
(v) loss or damage due to exposure to water or weather (including rusting and corrosion); loss or damage due to fire, smoke, explosion, lightning, sunlight, boring insects or infestation by animals, or theft, or accidental damage or loss caused by a third party;
(vi) physical abuse or damage to the Products including but not limited to, burns, cuts, tears, liquid damage, or stains; provided that the defect is caused by such abuse or damage;
(vii) damage caused by use of parts and consumables that are not the genuine manufacturer’s parts and consumables;
(viii) institutional or commercial use; or
(ix) fair wear and tear.
(b) This limited warranty applies to defects due to workmanship or materials, subject to the limitations described in this warranty. This limited warranty does not cover:
(i) comfort preference; or
(ii) replacement of any non-defective pieces of the Product (for example, if only one component of the item is defective, then we will replace the defective component only).
(c) For some Products that we cannot assess ourselves, we may arrange for the Products to be sent to the supplier/manufacturer for assessment. In these circumstances, depending on the Products, please be aware that it may take up to 6 weeks to complete this process.
(d) Except where a refund is required by law, where we are required to honour a warranty claim we will at our option either replace the Product (or supply an equivalent Product) at which time we will take ownership of the replaced Product), repair the Product or pay the cost or repairing or replacing the Product.
(e) In the event that we do not find a fault in the Products, the replacement or refund will be refused, and the Products will be returned to you at your cost. You may be responsible for additional costs incurred by us.
(f) In the event that you fail to comply with any of your obligations set out under this clause 8, including in respect of the return of Products, we reserve the right to refuse to provide you with a replacement or refund of the Products in our discretion (acting reasonably).8.8 Refund Processing
(a) Where a refund is granted, then where possible, funds will be processed back in the same way they were paid to us i.e. back to your Credit Card, PayPal or Bank Account. In the event this is not possible funds will be processed into a valid Bank Account. Please note that we will only remit refunds to an Australian bank account and where the name of the bank account holder matches the payor's name/information. If you purchased via interest free finance extra charges may apply.
(b) Any refunds will be processed within 3 weeks of confirmation that the conditions of refund have been met.
(c) To process a refund we may require you to provide certain information to us and a failure to do so may result in us being unable to provide you with a refund.8.9 General
(a) This warranty is limited to Wattle Living house range fabrics and leather only. Fabrics and leathers supplied by outside suppliers and purchaser's own fabrics are not included in this warranty. Fabrics and leathers supplied by outside suppliers may be covered by the supplier's own warranties.
(b) To the extent permitted by laws, this warranty only applies to the original purchaser of the products where the Products are delivered to an Australian residential delivery address and remain in Australia for the life of the Products. You cannot assign or transfer any benefit conferred by this warranty. All subsequent purchasers acquire the Products ‘as is’ and without the protection of the warranty. All Wattle Living warranties, including any implied warranties, are valid only for the period of time the Products are owned by the original purchaser of the Products. The "original purchaser," for the purposes of this warranty, is the first purchaser of the Products from Wattle Living or a Wattle Living authorised retailer. Please retain a copy of your receipt as proof of purchase. All Wattle Living limited warranties are not transferable.
(c) Unfortunately, normal wear and tear does occur with the Products and components. General signs of wear and tear include without limitation:
(i) fade in colour;
(ii) creasing of fabrics and leathers;
(iii) foam and fillings softening and forming different shapes over time;
(iv) scars, marks and variations in pore density are natural characteristics of leather and not considered defects; and
(v) any other matters we reasonably consider to be fair wear and tear.
Please note that cushion fillings and suspension may need to be replaced at your expense. Fare wear and tear is not covered by our limited warranty.
(d) Colour differences caused by exposure to the local environment for products inclusive of but not limited to solid timber, timber veneer, leather and fabrics.
(e) Components replaced under this warranty may vary in texture and colour to the original and such differences are not considered defects. The feel, comfort and look of the replacement product may vary due to improvements and changes made to the Products.8.10 Clearance stock
(a) Clearance Items are purchased on an ‘as is’ basis and you accept any defects in and minor damage to those Products.
(b) Any order for Clearance Items may not be cancelled, returned or exchanged by you, either before or after delivery.