As a manufacturer and supplier, Verbatim Australia provides a promise to consumers about what we will do if a defect occurs with a “Product”. These promises are often referred to as voluntary warranties. Under the Australian Consumer Law (ACL), these are called “Warranties against Defects”.
It is important to remember that a “Warranty against Defects” is provided in addition to consumer guarantees and does not limit or replace them.
As of January 1st 2012, manufacturers/suppliers that choose to provide a “Warranty against Defects” to consumers must provide a document evidencing that the warranty complies with specific Australian Consumer Law requirements. The ACL is administered and enforced jointly by the ACCC, State and Territory consumer protection agencies) and where relevant, ASIC (the ACL Regulators).
We are aware of the reforms and have amended our “Warranty against Defects” statement as a result of changes to the Competition & Consumer Act (CCA). In particular, most changes result from the Australian Consumer Law (ACL) sections of the CCA.
Verbatim Australia Pty Ltd (ABN 39 005 706 374)
Warranty against Defects
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 for 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.
Verbatim Australia Pty Ltd (ABN 39 005 706 374) (“Verbatim”) provides the following warranty in relation to its goods (“Product”). The benefits of this warranty are in addition to any rights and remedies imposed by Australian State & Federal legislation that cannot be excluded. Nothing in this warranty is to be interpreted as excluding, restricting or modifying any State or Federal legislation applicable to the supply of goods and services which cannot be excluded, restricted or modified.
Verbatim warrants that, subject to the exclusions and limitations below, the Product will be free from defects in materials and workmanship for the period specified on the product packaging and/or the website from date of purchase.
If a defect appears in the Product before the end of the warranty period and Verbatim finds the Product to be defective in materials and workmanship, Verbatim will at its own discretion repair or replace the Product free of charge.
If goods presented for repair are capable of retaining user-generated data, repair of these goods may result in loss of the data.
Proof of purchase shall be required to be eligible for this warranty and to establish the commencement date of this warranty. This warranty is valid for the original purchase only and is not transferrable to a subsequent customer if the Product is sold by the original customer during the warranty period.
The term of your warranty period shall commence from the purchase date appearing on your purchase receipt from an authorised distributor, reseller or retailer and extends only for the time set forth in the Product documentation. This information can be obtained from the packaging and/or the Verbatim Australia website.
No product may be returned to Verbatim Australia without first contacting us for a RMA (Returned Merchandise Authorisation) number. If it is determined that a Product may be defective, you will be given an authorisation number and instructions for Product return. An unauthorised return, i.e. one for which an RMA number has not been issued, will be returned to you at your expense. Authorised returns are to be shipped prepaid and insured to our Head Office in qualified packaging.
Verbatim Australia will not accept goods for repair unless we have provided the consumer with a Notice to Customer Relating to Repair of Goods that complies with regulations. As the notice relates to the repair of Goods that store user-generated data, the repairer’s Notice states that the repair of Goods may result in loss of data. Since it is also our practice to supply refurbished Goods as an alternative to repairing a consumer’s defective Goods, our notice specifies that the Goods presented for repair may be replaced by refurbished Goods of the same type rather than being repaired. The Repairer’s Notice will be issued at the same time that we issue an RMA number. This statement is also available on the Verbatim Australia website.
If a fault covered by warranty occurs, the customer must first:
a. Contact Verbatim Australia Head Office using the contact details provided below; OR
b. return the Product to the retailer from which the Product was purchased.
Any warranty claim must be accompanied by:
a. Proof of purchase; and
b. Full details of the alleged defect.
If Verbatim or the retailer from which the Product was purchased finds no defect in the Product after inspection and testing, the customer must pay Verbatim’s usual costs of service work and testing.
The customer must bear the cost of the transport to Verbatim or to and from the retailer to make the warranty claim including all insurance of the Product. Verbatim will bear the cost of the return transport to the customer once the claim has been finalised.
The warranty will not apply where:
the Product has been repaired, altered or modified by someone other than Verbatim or an authorised repair agent;
the alleged defect in the Product is within acceptable industry variances;
Verbatim cannot establish any fault in the Product after testing and inspection;
the Product has been used other than for the purpose for which it was designed;
the defect in the Product has arisen due to the customer’s failure to properly use and maintain the Product in accordance with Verbatim’s instructions, recommendations and specifications (including applicable maintenance schedules);
the Product has been subject to abnormal conditions or use, including environment, temperature, water, fire, humidity, pressure, stress or similar;
the defect has arisen due to abuse, misuse, neglect or accident.
The warranty does not extend to:
damage or defects caused by normal wear and tear;
general, consequential, punitive, incidental or special damages. These include loss of recorded data, interruption of use, the cost of recovery of lost data, lost profits and the cost of the installation or removal of any Products, the installation of replacement Products, and any inspection, testing or redesign caused by any defect or by the repair or replacement of Products arising from a defect in any Product.
incompatibility or poor performance due to specific computer or hardware used.
Verbatim makes no express warranties or representations other than set out in this warranty. The replacement of the Product or part of the Product is the absolute limit of Verbatim’s liability under this express warranty.
Verbatim Australia Pty Ltd
Unit 6, 450 Princes Highway
Noble Park, Victoria 3174
Tel: +61 3 9790 8999
Fax: +61 3 9790 8955
Email: [email protected]