TCL WARRANTY TERMS AND CONDITIONS
Air Conditioning Product (Non- portable Models)
1. Subject to the terms of this warranty document ('Warranty"), if this product (the "Product") (or any part of it) does not work properly because of a defect in materials or workmanship and you make a claim under clause 2 in relation to that defect which is accepted by TCL Electronics Australia Pty Ltd, 797 Springvale Road, Mulgrave, VIC 3170 ("TCL"), then TCL will at its cost and at its option (and as your sole remedy): a. Repair the Product (or the relevant part) with new or refurbished parts; b. Replace the Product (or the relevant part) with a new or refurbished product; or c. Give you a refund for some or the entire price paid by you for the Product.
2. If you wish to make a warranty or other claim against TCL in relation to the Product by exercising any of your rights under this Warranty and/or any applicable law ('Warranty Claim"), then the relevant defect in the Product must have appeared before expiration of the relevant Warranty Period (as defined in clause 7), and before the expiration of that Warranty Period you must: a. Contact TCL by phone, email or fax (see contact details and hours at the end of this Warranty); and b. Provide TCL with details of the alleged defect, identity of the Product including its serial number, your contact details and a copy of your proof of receipt.
3.If you have made a valid Warranty Claim and TCL accepts the Warranty Claim, TCL may arrange for an employee, agent or contractor of TCL ("Authorized Repairer") to attend the premise where the Product is located ("Product Location") to assess the Warranty Claim and if considered appropriate, carry out any required repairs or replacement.
4. Subject to the Warranty not being excluded under clause 10 or 11, if the Product is located within 30km from the location of an Authorized Repairer or a TCL authorised retailer, then you will not be charged any expenses associated with an Authorized Repairer attending the Product Location. If the Product is located beyond 30km from the location of an Authorized Repairer or a TCL authorised retailer, then TCL will be entitled to seek reimbursement from you for all reasonable costs and expenses incurred by TCL in relation to any Authorized Repairer attending at the Product Location. You will be notified of such costs and must pay any such amounts to TCL on demand by TCL. For the avoidance of doubt, this charge relates only to attending at the Product Location. You must provide the Authorized Repairer with safe and reasonable access to the Product to facilitate any works. The Authorised Repairer may refuse to render any work if access to the Product is not reasonably safe in the Authorised Repairer’s sole opinion. You may be charged for a call out fee if the Authorised Repairer is unable to render any work because it is not reasonably safe to do so.
5. You will not be entitled to claim from TCL any costs or expenses you may incur in making a Warranty Claim.
6. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law if you have purchased the Product as a consumer. 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. These guarantees are in addition to any other rights and remedies available to you under applicable law in relation to the Product. This clause 6 only applies if you acquired the Product as a consumer under the Australian Consumer Law.
7. Subject to the terms of this document, TCL warrants the Product to be free from defects in materials and workmanship for a period of 60 months (or for a period of 12 months if the Product is used for commercial purposes) from the date of purchase TCL warrants any accessories that are provided with the Product to be free from defects in materials and workmanship for a period of 12 months from the date of purchase (each period a “Warranty Period”).
8. This warranty does not apply to a Product sold prior to October 2021
by a non authorised TCL retailer. This warranty applies only if the Product is designed and manufactured for use in Australia.
9. To the extent that this Warranty places a repair obligation on TCL, goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the Product.
10. Without limiting the other provisions of this Warranty and to the maximum extent permitted by law, this Warranty will not apply, and TCL will not be liable under any Warranty Claim, in relation to the Product if any one or more of the following apply: a. The Product was not purchased by you in Australia as a brand-new item from TCL or a retailer who at the time of purchase was authorized by TCL to sell the Product to you; b. the serial number on the Product has been damaged, modified or removed; c. any internal hardware or software associated with the Product has been accessed or tampered with without TCL's prior authority; d. you breach a provision of this Warranty; e. you fail to pay an amount required to be paid under these terms.
11. To the maximum extent permitted by law, this Warranty does not cover, and a Warranty Claim cannot be made in respect of, any loss, damage, failure or defect relating to the Product or arising from any one or more of the following: a. improper set up (including the improper design of the installation), installation or positioning of the Product, such as by a non-licensed plumber or electrician , or improper adjustment of settings or controls associated with the Product; b. normal wear and tear of the Product; c. the Product not being used or maintained in accordance with the manufacturer's instructions, specifications or recommendations; d. dismantling, repairing, servicing or other work carried out on or in relation to the Product by any person other than an Authorized Repairer; e. use of defective or incompatible parts or accessories in relation to the Product; f. accident, theft, vandalism, misuse, abuse, negligence, collision with another object, fire, flood, liquid spillage or ingression (other than in normal operation), earthquake, thunderstorm activity, acts of God or any other event or circumstance occurring in relation to the Product which is beyond the reasonable control of TCL; g. exposure of the Product to excessive heat or moisture or other environmental conditions, including dust, rodents, insect, rust, corrosion, salt build-up or inadequate ventilation; h. electrical issues, including power surges, spikes or dips, or incorrect or fluctuations in voltage or current; i. incompatibility with or configuration of equipment connected to the Product; j. consumables that form part of the Product or lost parts or accessories associated with the Product; k. damage resulting from improper or poor installation; l. costs of attending at the Product Location and cost of diagnostic testing where no mechanical or electrical failure is identified; m. failures in the Product due to the interference from or due to other products or sources.
12. If TCL accepts a Warranty Claim, then in relation to that claim: a. You must comply with TCL's directions, and cooperate fully with TCL and any Authorized Repairer; b. no loan equipment will be provided to you while the Product is being transported, examined, repaired or replaced under this Warranty; c. TCL accepts no liability for any items that are lost, damaged or stolen as a result of freight, transport or storage, irrespective of whether it was arranged by TCL or you; d. any parts used in the repair of the Product (if applicable) may be new or refurbished and may be different to or cost less than the original parts (in which case you will not be entitled to any refund or other form of compensation in relation to any such differences; e. TCL makes no representations or warranties as to when the Warranty Claim will be finalized but will use its best endeavours to finalize the Warranty Claim in a timely manner.
13. If you make a Warranty Claim and the Product is considered by TCL to be in good working order, or the Warranty Claim is otherwise not accepted by TCL after any work has been rendered by TCL or its agents in making the assessment, then TCL may charge you for any work carried out by TCL and any Authorized Repairer, and you must pay the amount charged on demand by TCL.
14. If you request TCL or any Authorized Repairer to carry out any work, or to provide any products or parts, outside the scope of a Warranty Claim that TCL has accepted, and that request is agreed to, then TCL may charge you for that work, or for those products or parts, and you must pay the amount charged on demand by TCL
15. To the maximum extent permitted by law, TCL is not liable to you or any other person for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data or information or loss or damage resulting from wasted management time, irrespective of whether the loss or damage was caused by or relates to a breach of contract, statute, tort (including negligence) or otherwise and irrespective of whether TCL or any other person was previously notified of the possibility of the loss or damage.
16. To the maximum extent permitted by law, any warranty, guarantee, condition, representation, undertaking or other right that would be guaranteed or implied in this Warranty or is otherwise imposed by statute, common law, equity, trade, custom or usage, and which is not expressly included in this Warranty, is excluded.
17. Your rights and benefits under this Warranty cannot be transferred.
