The Lincoln Electric Company (Australia) Pty Limited (“Lincoln”) warrants all new machinery and equipment (“goods”) manufactured by Lincoln against defects in workmanship and material subject to certain limitations hereinafter provided. Certain conditions warranties and obligations are implied by law (for example under the Trade Practices Act 1974) and cannot be excluded or modified (“the statutory warranties”).
Where the statutory warranties do apply then any express warranties given by Lincoln (the “express warranties”) are given in addition and without derogation from the statutory warranties. Apart from the express warranties and (in cases where they apply by law but not otherwise) the statutory warranties Lincoln gives no warranties whether express or implied by operation of law or otherwise in respect of any goods manufactured or supplied by Lincoln or by its authorised distributor.
Any warranty whether express or statutory and the term of any such warranty as set out herein commences on the date Lincoln or Lincoln’s authorised distributorship forwards the goods from the premises of Lincoln or Lincoln’s authorised distributor to the purchaser.
In respect of any claim under the warranty herein provided a purchaser must furnish Lincoln with written notice of any claim under the warranty within the time period of the warranty as further specified herein.
The extent of Lincoln’s warranty whether express or statutory is limited to a liability to repair, replace or pay to the purchaser an amount equal to:
a)The cost of replacing the goods;
b)The cost of obtaining equivalent goods; or
c)The cost of having the goods repaired, whichever remedy in its absolute discretion Lincoln chooses.
Upon request by Lincoln the purchaser must permit Lincoln to inspect the goods the subject of any claim under this warranty and Lincoln may at its absolute discretion repair or replace the goods F.O.B. at its own premises or at such other premises as Lincoln may designate provided that all freight charges to and from Lincoln’s premises or such other premises as Lincoln may designate shall be paid by the purchaser.
Period of Warranty
The period of warranty in respect of goods covered by this warranty shall be as follows:
a)In respect of manual and semi-automatic and fully automatic wire feeders and welders (except belted, engine driven welders and alternator sets) - 3
years from the date of commencement of the warranty;
b)In respect of the Invertec V130-S inverter - 1 year from the date of sale.
c)In respect of belted, engine driven welders and alternator sets designed for operating speeds under 2,000 rpm - 3 years from the date of commencement of the warranty;
d)In respect of Tractapac mobile rural welders mounted in approved fixtures - 3 years from the date of commencement of the warranty;
e)In respect of belted, engine driven welders and alternator sets designed for operating speeds over 2,000 rpm - 2 years from the date of commencement of the warranty;
f)Other goods manufactured by Lincoln including gun and cable assemblies, undercarriages, field installed options, unattached options, welding supplies, standard accessory sets and replacement parts -1 year from the date of commencement of the warranty;
g)In respect of all alternators irrespective of the manufacturer of those alternators - 12 months in respect of labour and parts from the date of commencement of the warranty;
h)To the extent permitted by law Lincoln shall be entitled to in its absolute discretion repair all engines and engine accessories however Lincoln shall not be held responsible for any such repair which shall be the sole
responsibility of the engine manufacturer which provides for warranties for the period and subject to any limitations provided for by those manufacturers of the respective engines and engine accessories.
At the date of this warranty the details of those manufacturers warranties are as
follows: | | |
| Engine Manufacturer | Labour | Parts |
i) | Perkins Engines and Accessories | *24 months | *24 months |
| (The Perkins Distributor Organisation | *Subject to conditions |
| provides all warranty service (accessories | imposed by Perkins |
| included) for the Perkins Engines powering | | |
| goods manufactured by Lincoln.) | | |
ii) | Onan, Lombardini, Kubota & | 12 months | 12 months |
| Ruggerini Engines and their | | |
| Accessories | | |
| (warranty service can only be carried out by | | |
| authorised Lincoln Field Service Shop or | | |
| the engine distributors authorised by the | | |
| Lincoln branch office) | | |
iii) Intermotor Engines and Accessories | 12 months | 12 months |
| (warranty services can only be carried out | | |
| by an authorised Lincoln F.S.S. or other | | |
| agency approved by the Lincoln branch | | |
| office) | | |
iv) Briggs & Stratton Vanguard Engines | *24 months | *24 months |
| and Accessories | •The Magnetron ignition |
| (warranty service can only be carried | system is warranted by |
| out by an authorised Briggs & Stratton | Briggs & Stratton for 5 years. |
| service dealer). | | |
Exclusions
Subject to the express and statutory warranties hereinbefore provided Lincoln provides no other warranties in respect of the manufacture or sale of goods and in particular Lincoln shall have no responsibility or liability in respect of:
a)Repairs done to Lincoln’s goods and undertaken by the purchaser outside Lincoln’s premises without written authority from Lincoln obtained prior to any such repair;
b)Any damage or failure of the goods as a result of normal wear and tear or the neglect misuse abuse or failure to properly service goods by any purchaser.
The liability of Lincoln is limited as hereinbefore provided and Lincoln shall not be liable for any incidental special or consequential damage suffered by a purchaser whether or not arising out of circumstances known or foreseeably known by Lincoln and in particular arising out of the supply of goods to a purchaser or the use of goods by a purchaser whether based on breach of contract negligence or tort.
Lincoln supplies certain batteries in connection with its supply of goods and the purchaser acknowledges that any such battery is warranted by its manufacturer and any claim in respect of such a battery whether as to a defect in the battery or as to damage consequential upon a defect in a battery shall be made by the purchaser to the manufacturer of the battery and the purchaser shall not hold Lincoln in any way liable for the operation non-operation or malfunction of any such battery.
