WARRANTY TERMS
Warranty
IRONMAN 4X4 Pty. Ltd. warrants that its products are manufactured to S.A.E.- Society of Automotive Engineers – specifications for the particular product. IRONMAN 4X4 Pty. Ltd. further warrants that all products sold hereunder are free from defects in material and workmanship. IRONMAN 4X4 Pty. Ltd. will, at its sole option, repair or replace any products supplied by it which are found to be defective in either materials or workmanship providing that IRONMAN 4X4 Pty. Ltd. is actually notified in writing from the Buyer of the alleged defect within ninety (90)days from the date of invoice. Any claim not made within this period shall conclusively be deemed waived by the Buyer. Repair or replacement is preconditioned on the examination of the Goods by IRONMAN 4X4 Pty. Ltd. and, if requested by IRONMAN 4X4 Pty. Ltd. return of the Goods to IRONMAN 4X4 Pty. Ltd.
No products are to be returned to IRONMAN 4X4 Pty. Ltd. without its written consent, according to procedures outlined in this manual, and the receipt by the Buyer of specific shipping instructions. IRONMAN 4X4 Pty. Ltd. shall not be liable for any expense incurred by the Buyer in order to remedy any defect in its products. IRONMAN 4X4 Pty. Ltd. shall not be liable for any consequential, special, indirect or contingent damage, or expense arising directly or indirectly from any defect in its products or from use of any products. This warranty does not apply to (1) Goods bought for industrial, mining or agricultural use, (2) Goods bought for resupply or resale, (3) Goods no longer required by the Buyer, (4) Goods incorrectly chosen by the Buyer; or (5) Goods modified or altered by the Buyer (including changing colour).
Except as set forth herein, and except as to title, it is expressly agreed (A) that there is no warranty or merchantability or fitness for a particular purpose, nor other warranty express, implied or statutory nor any affirmation of fact, or promises by IRONMAN 4X4 Pty. Ltd. with reference to the goods which extends beyond the specifications, agreed upon by IRONMAN 4X4 Pty. Ltd. and the Buyer and (b) that the Buyer if any, mutually acknowledges that it is purchasing the goods solely on the basis of the commitments of IRONMAN 4X4 Pty. Ltd. expressly set forth herein. No person is authorised to change or add to any of IRONMAN 4X4 Pty. Ltd.’s obligations under this warranty. In no event shall IRONMAN 4X4 Pty. Ltd. be liable for anticipated profits or for incidental or consequential damages.
The Buyer agrees to indemnify and hold IRONMAN 4X4 Pty. Ltd. harmless from and against any loss, injury or damage, to person or property, that extends beyond the warranties set forth above, whether the claims against IRONMAN 4X4 Pty. Ltd. or the damages are incidental or consequential.
1 Year Warranty – Accessories / Mining Accessories / Underbody Protection
2 Year Warranty – Premium Underbody Protection / GVM Upgrades / Load Plus
3 Year Components Warranty – Ice Cube Fridge/Freezers
3 Year 60,000km Warranty – Suspension, 1 Year 20,000km Warranty – Nitro Gas Absorber
5 Year Warranty – Monster Winches
5 Year Compressor Warranty – Ice Cube Fridge/Freezers
IRONMAN 4X4 Pty. Ltd. warrants the original buyer, only when purchased new via authorised IRONMAN 4X4 Pty. Ltd. resellers and distributors, from date of sale.
Product is warranted against defects in material or workmanship that cause the product to perform below the specified limits set by IRONMAN 4X4 Pty. Ltd., to the extent that IRONMAN 4X4 Pty. Ltd. will repair or replace any parts which are found to be defective.
All warranty claims must be submitted via original purchasing store or chain, unless otherwise arranged. Proof of original purchase must be presented upon request. Products may require to be returned to IRONMAN 4X4 Pty. Ltd. for assessment or repair. Postage and removal costs involved are not the responsibility of IRONMAN 4X4 Pty. Ltd., and may only be considered upon discretion by IRONMAN 4X4 Pty. Ltd. in the event of such claim being verified.
The warranty does NOT apply where, 1) acts of neglect or misuse are evident, 2)product has been modified, 3) vehicles which are modified or not the recommended vehicle of use, 4) used in racing or competition conditions without the prior consent of IRONMAN 4X4 Pty. Ltd., 5) used beyond the expectations of the original vehicle manufacturer.
Before installation of any product, please ensure you have received the correct parts for your application. Ordering of the correct parts is the responsibility of the Buyer. Return of a product in an unused condition will attract a 15% restock fee, where IRONMAN 4X4 Pty. Ltd. is not at fault.
Return of used or soiled product, 1) outside warranty period, 2) without fault, will result in refusal of your claim and be returned at the Buyer`s expense.
Damage to products through fitment error is not covered under warranty.
Damage
The Buyer acknowledges that the Goods leaving IRONMAN 4X4 Pty. Ltd’s premises are adequately packed. Claims for damage in transit must be made against the carrier and, while IRONMAN 4X4 Pty. Ltd. will not accept liability for any damage, details of any claim must be promptly advised to IRONMAN 4X4 Pty. Ltd. Prior to acknowledging delivery to the carrier, the Buyer must ensure that the complete consignment has been received as specified in the carrier’s note. Any shortage or visible damage to outer packaging must be endorsed on the carrier’s note. Any shortages and/or damages must be reported to IRONMAN 4X4 Pty. Ltd. within 72 hours or receipt.
Claims
Any claim made by the Buyer must be in writing and contain the particulars specified in the IRONMAN 4X4 Pty. Ltd’s ‘Application for Exchange or Credit’ or ‘Applications for Warranty’ and be received by IRONMAN 4X4 Pty. Ltd. within 14 days after delivery of the Goods. Subject to the Contract, no claim for credit will be recognised where
(1) the Goods are made to special order or the Buyer’s specifications or drawings, (2) are no longer required by the Buyer, (3) are returned without the particulars required by this Clause, (4) the Buyer has modified or altered the Goods (including changing colour) or (5) if the IRONMAN 4X4 Pty. Ltd. Catalogue stipulates that return will not be accepted. lf the Buyer insists on returning the Goods, it must pay IRONMAN 4X4 Pty. Ltd. a handling fee equal to 40% of the price of the Goods.
Force Majeure
Despite any other Term or condition of the Contract, IRONMAN 4X4 Pty. Ltd. will not be liable for any loss, damage, expense or injury of any kind or nature suffered or incurred by the Buyer or any other person, arising out of or in connection with any delay in delivery, or failure to perform any other term or condition of the Contract where that delay or failure is caused by an act of God, fire, labour dispute, civil commotion, intervention of a Government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of or delay in transportation or any other cause beyond IRONMAN 4X4 Pty. Ltd’s reasonable control
Errors or Omissions
IRONMAN 4X4 Pty. Ltd. has the right to correct any clerical errors or omissions, whether in computation or otherwise in any quotation, acknowledgment or document forming part of a Contract.