14.Statutory Conditions and Warranty / Refunds / Replacements
The Australian Consumer Law (“Law”) which forms part of the Competition and Consumer Act 2010 (Cth) implies into consumer contracts certain statutory conditions and warranties which cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer or supplier. Where there is a breach of such a warranty relating to goods or services, and the breach is in terms of the Australian Consumer Law, a “major” failure, then the remedy will be limited to a refund or a replacement, at your election. In all other cases, a breach of such warranty will give rise to a refund or replacement at our election.
You must retain your proof of purchase for any manufacturer warranty claims.
- As supplier, we provide the following express warranties subject to the following terms and conditions:
- We will refund or replace the product as the case may be (with us or you deciding and determining the action to be taken according to whether the failure is major or non-major, as stated above) in the circumstances and to the extent required under the Law if the product you receive does not match the sample or description, is substantially unfit for its intended or disclosed purpose or is not of acceptable quality (as defined in the Law), is unsafe, or if the alleged issue with the product is such that a reasonable consumer aware of the issue would not have acquired the product.
- Where a refund or replacement is to be provided under the terms of this warranty, we may to the extent permitted under the Law require the return of the product to us before refunding or replacing it. We will pay for, or reimburse you for, any shipping costs to return the original product to us.
- Replacement products are subject to the same warranties as the original.
- Refunds will be issued by direct deposit or cheque at our discretion or by any other agreed payment method.
- In order to obtain these remedies:
- You must notify us within a reasonable time of supply of the goods. In this context a ‘reasonable time’ is from the time of supply until a time that it would be reasonable to expect the relevant failure to become apparent, considering the nature of goods. In many cases this will be 7 to 14 days, but in some circumstances may be longer. Please contact us. Once contacted we will advise you of the best way to return any products. Please email us at firstname.lastname@example.org and we will notify you of how to make arrangements for returns if applicable.
- Except if and to the extent the Law requires otherwise, replacement of products or refund and reimbursement of freight costs will not be made until the original product is received by us and your claim verified.
- We will not refund or replace a product where in our reasonable opinion the product has following sale to you become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturer’s instructions, using it in an abnormal way or failure to take reasonable care.
- Goods that develop a defect after first use may also be covered by manufacturer warranty. You may also wish to contact the manufacturer regarding returns and repairs.
WE ARE NOT RESPONSIBLE FOR THE CONDITION ON THE VEHICLE’s PAINT SURFACE PRIOR TO THE VINYL BEING INSTALLED. IF INSTALLED ON TRAILERS WITH SILICONE, RE-SILICONE THE AREA WILL BE NEEDED SINCE VINYL WILL NOT STICK TO SILICONE.
VEHICLE WALK-THRU: Wash vehicle using just using ONLY water and soap before dropping off. Even though we prep and clean the vehicle for install, wax and other chemicals will prevent the vinyl to stick to surface. Do not Wax or CLAY BAR, any wax or chemicals left on vehicle by waxing and or clay bar will result in bubbles and vinyl will not cure properly. Sevenx Creations will not be held liable for vinyl that will not stick and cure properly due to wax or other chemicals used before install. There will be an additional charge of $80 inc GST if we have to wash your vehicle. Sevenx Creations is not liable for any damage if asked to remove any parts from vehicle.
INSTALLATIONS: Vinyl material is a pliable plastic material that we make every effort to make it look as seamless as possible, however, there may be curves, bumps, rivets, moldings and deep-channeled curves that the vinyl will not be able to conform to. In some cases relief cuts need to be made or patches need to be installed to cover certain areas. Stretching will result in some shrinkage as it attempts to return to its original form/dimensions. As it shrinks, some minor tenting and lifting does occur and will be addressed if necessary in the 60 day period. All vinyl material needs to be applied to “like new” vehicle finish for the best results. There must be an excellent bond of the paint and its finish to the vehicle substrate. Any rust, bubbling, silicone, scratches, dents or other damage will be visible through the film, and such surface imperfections may damage the film or cause the film to fail prematurely. Areas repaired with body filer must be sanded, epoxy primed and finished with OEM (Original Equipment Manufacture) paint or clear coat. Also, any areas with Silicone need to be re-silicone over the installed vinyl. Any recently applied finish must be fully cured for a minimum of 30 days prior to film being applied.
Installation time is based upon many factors including but not limited to, film selected, curing time, places where vinyl material is being installed, size of vehicle, complexity of installation areas and any unforeseen circumstances that may arise. We will make every effort to give reasonable time frames for installation but reserve the right to change them at any time for any reason.
WARRANTY AND MATERIALS: All materials are installed per the customer or authorized representative’s request. We are not the manufacture of the product and all warranties are ordered through the manufacture of the product the customer specifically ordered. For warranty information you must visit the manufacture website or brochure for specific information regarding the product(s) you ordered. Sevenx Creations is the installer of the product, not the manufacture. Damage done to the vinyl material by the customer or any third party is not a warranty issue and will not be covered as such.
Although vinyl manufactures guarantee the material to last from 5 to 10 years, the actual life span of a vehicle wrap will be considerably less more or less 3-5 years. No warranties on Chrome, Plastic, Silicone and Non Factory Finished paint.
15. Law and jurisdiction
This Agreement takes effect, is governed by, and shall be construed in accordance with the laws from time to time in force in Victoria, Australia. The Parties submit to the non-exclusive jurisdiction of the courts of Victoria.