1. Definitions
1.1. For the purpose of this Limited Product Warranty, “Products” mean products which are manufactured, distributed and/or sold by Rack Studs Limited (“RackStuds”) including its manufacturing subcontractors. “You” and “Your” means a customer of RackStuds who has purchased and/or licensed Products from RackStuds.
2. RackStuds Warranty
2.1. RackStuds warrants that, at the time of shipment to You by RackStuds, the Products are free from obvious defects (such as the studs being deformed or the thread not working) and will comply with RackStuds’ normal standards of workmanship for a period of twelve (12) months from the date of shipment to You.
2.2. This Product Warranty will not apply to, and in no event will RackStuds be liable in relation to, Products or parts that have been used for a purpose or in a manner which was not originally intended, or inconsistent with the Product instructions, or to Products or parts which have been subject to misuse, neglect, negligence (including, without limitation, negligent installation or operation), accident, damage while in transit, acts of God (including earthquakes), incorrect installation, incorrect cleaning or maintenance, improper operation, the application of solvents, unauthorised repairs, any alterations or modifications, or any other cause not directly attributable to defects in material or workmanship on the part of RackStuds.
2.3. Additionally, this Product Warranty will not apply to, and specifically excludes, any damage caused to Products used in transportation situations, situations where the equipment is subject to continuous vibration for any period, or for supporting weight of more than 20kgs/44lbs.
2.3. RackStuds shall incur no liability under this Product Warranty unless: a. The allegedly defective Products are returned prepaid to RackStuds within thirty (30) days of the date of discovery of the alleged defect, in accordance with RackStuds’ then current repair procedures; and b. RackStuds’ tests disclose that the alleged defect is due solely to defects in material and workmanship.
2.4. To the maximum extent permitted by law, RackStuds’ liability under this Product Warranty shall in any event be limited, at RackStuds’ option and expense to either the repair or replacement of the defective Product, or the reimbursement of the purchase price paid by You to RackStuds for the defective Products. Any Products replaced by RackStuds will become the exclusive property of RackStuds.
3. Disclaimer Warranty
3.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW: • IN NO EVENT SHALL RACKSTUD BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, EQUITY OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR A BREACH OF THIS LIMITED PRODUCT WARRANTY OR OTHERWISE WITH RESPECT TO THE PRODUCTS; • IN NO EVENT SHALL RACKSTUDS’ TOTAL LIABILITY TO YOU OR ANY OTHER PARTY FOR BREACH OF ANY PART OF THE FOREGOING WARRANTIES OR OTHERWISE, EXCEED THE PURCHASE PRICE PAID BY YOU TO RACKSTUDS FOR THE DEFECTIVE PRODUCTS; • THIS PRODUCT WARRANTY POLICY SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF NEW ZEALAND; AND • ANY AND ALL LEGISLATION RELATING TO THE SALE OF GOODS (AND WHICH IS CAPABLE OF EXCLUSION) IS EXCLUDED FROM THIS PRODUCT WARRANTY POLICY AND THE SALE OF THE PRODUCT, INCLUDING (WITHOUT LIMITATION) THE SALE OF GOODS ACT 1908 (NEW ZEALAND), THE CONSUMER GUARANTEES ACT 1993 (NEW ZEALAND), AND THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS.
3.2. THE EXPRESS WARRANTIES SET OUT IN THIS LIMITED PRODUCT WARRANTY ARE (TO THE MAXIMUM EXTENT PERMITTED BY LAW) IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESSED, IMPLIED, STATUTORY, USAGE OF TRADE OR OTHERWISE, INCLUDING (WITHOUT LIMITATION) MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU SHALL NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER RELATING TO THE PRODUCTS OR TO RACKSTUDS WHICH EXCEED THOSE MADE BY RACKSTUDS IN THIS LIMITED PRODUCT WARRANTY.