1. WARRANTY

1.1 POSTEC warrants that unless otherwise agreed, the Products:

(a) will be new products and will be free from defects in materials and workmanship for a period of 12 months from the date of installation;

(b) will operate substantially in accordance with product technical and user documentation.

(c) that where upgrade equipment has been supplied, the warranty will apply to new boards and components only. All existing boards & components will be covered by the 12 month warranty given from the original date of installation of the equipment.

1.2 For the avoidance of doubt, these warranties will not apply to, and POSTEC will have no liability or responsibility for:

• (i) That has been installed, removed, altered, repaired, or opened by The Distributor or any third party, unless such action was previously approved in writing by POSTEC;
  (ii) That has been fitted in an untradesmanlike manner, in any way adapted to a use for which it is not specifically intended, added to or repaired using components not recommended or approved by POSTEC or improperly transported or stored;
  
(a) Any Product or part:
(b) Any defect in the Product that results from the act, omission, default or representation of any party other than POSTEC, its servants or agents;

(c) Damage or loss occurring during the transportation of the Product between The Distributor and POSTEC;

(d) Labour costs involved with the removal and/or reinstallation of the Product or parts at The Distributor’s site or labour cost involved with diagnosing the necessity for replacement or repair;

(e) Defects in the Product which result from an act of God or other circumstance of a similar nature beyond POSTEC’s reasonable control, including power failure or electrical surge or stress, fire, wind, flood, riot, war, industrial action or defaults of other manufacturers, suppliers, shipping agents or companies, government, port or customs authorities, port employees or contractors or transport restrictions; or


(f) The cost of repairs to the Products expended by any person or party other than POSTEC, its servants or agents acting in terms of warranty.

1.3 Subject to Clause 1.1, no warranty or condition will be implied against POSTEC by any statute, at common law, or otherwise, and no representation, condition or warranty will bind POSTEC unless it is in writing and signed by POSTEC.

1.4 The Distributor warrants that it will only give the same warranty as set out in this Clause 1, to its customers, as provided in this Agreement.

1.5 Without limiting the limitations of liability contained elsewhere in this Agreement, POSTEC’s liability in relation to the supply of the Products and the Products themselves is limited to the replacement or repair of the Products in respect of which such liability arises. POSTEC will have no further liability or responsibility for any direct, indirect or consequential injury, loss or damage whatsoever and howsoever arising whether in contract, tort or otherwise.

2. WARRANTY CLAIMS

2.1 Unless otherwise specified in any warranty given by POSTEC to The Distributor and signed on behalf of POSTEC, notification of all claims that The Distributor might have in respect of damaged or defective Products must be made by The Distributor within 28 days of discovery of the damage or defect.

2.2 If:

(a) Any Product delivered by POSTEC to The Distributor contains any defect in materials or workmanship; and

(b) The Distributor notifies POSTEC’s HelpDesk by phone on (09)4158803 or facsimile on (09) 4159042 or by email on: This e-mail address is being protected from spambots. You need JavaScript enabled to view it and obtains a Goods Return Authority (GRA) Form before returning the Product(s); and

(c) The Distributor returns the Product(s) to POSTEC at Unit A, 45-47 Paul Matthews Road, Albany, North Shore City, Auckland, New Zealand within the time specified in Clause 2.1 at its cost, stating the defect on the GRA Form; and

(d) POSTEC, having a reasonable opportunity to investigate the claim, form the reasonable opinion that it is liable for the damage or defect,

POSTEC must, subject to Clause 1.0 repair or replace those Product(s) (at its option).

2.3 All risk or damage to or loss of any Product(s) during return to POSTEC remains with The Distributor. Replaced parts will become POSTEC’s property. POSTEC will use its best endeavours to return the repaired or replaced Product(s) to The Distributor within 21 days of receiving it.

2.4 If The Distributor does not comply with Clauses 2.1, 2.2 and 2.3, it will be deemed to have accepted the Products and POSTEC will not incur any liability whatsoever to The Distributor.