Resonance Recovery - Limited Warranty

1. Warranty Provider and Application

1. 1. This Limited Warranty (Warranty) is given by Resonance Recovery Pty Ltd ACN 691 587 738 as trustee for the Leo Family Trust, trading as “Resonance Recovery” of 356 Miamup Road, Cowaramup, Western Australia 6284 (Company) to the original purchaser of a Resonance Recovery infrared sauna product supplied by the Company in Australia (Purchaser or you).
   2. This Warranty applies to the Product only, being the Resonance Recovery infrared sauna and its eligible Factory Installed Components supplied by the Company.
   3. This Warranty is a voluntary warranty against defects. It applies in addition to, and does not exclude, restrict or modify, any rights or remedies the Purchaser may have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (ACL), or any other applicable law.
   4. The Company supplies the Product only. Unless expressly agreed in writing, the Company does not provide assembly, installation, commissioning, electrical work, site inspection, design, engineering, building or trade services.
   5. The Product is supplied as a flat-pack infrared sauna for assembly by the Purchaser or the Purchaser’s contractor. This Warranty covers defects in the supplied Product and eligible Factory Installed Components only. It does not cover the quality, cost or performance of any assembly, installation, electrical connection, site preparation or other third-party work.

2. Mandatory Australian Consumer Law Statement

1. 1. For Products supplied to consumers in Australia: Our goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and 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.

1. The benefits given by this Warranty are in addition to other rights and remedies of a consumer under a law in relation to the goods to which this Warranty relates.

3. Definitions and Interpretation

1. 1. In this Warranty:
      1. Commercial Use means any use of the Product:
         1. in connection with a business, trade, commercial enterprise or other income-generating activity (whether directly or indirectly);
         2. for any fee, charge or other consideration, or in circumstances where access to the Product is provided to any third party;
         3. in connection with short-term, holiday or transient accommodation, including where the Product is made available to guests, licensees or occupants for reward;
         4. by persons other than a single private household, including use by multiple unrelated users or in shared or common facilities (including strata or body corporate property);
         5. in any wellness centre, gymnasium, fitness or training facility, hospitality setting, workplace, or similar environment; or
         6. in any other non-residential or non-single-family context, and includes any use by employees, contractors, customers or clients.

For the avoidance of doubt, use of the Product in premises that are rented, leased, licensed or otherwise made available to third parties on a short-term basis will be deemed to be Commercial Use.

1. Factory Installed Components means the components installed in, or supplied as part of, the Product by the manufacturer or Company at the time of sale, including, where applicable, infrared heater components, control systems, factory-installed wiring, and factory-installed audio components.
2. Product means the Resonance Recovery infrared sauna purchased from the Company, including the sauna cabin and its Factory Installed Components.
3. Residential Use means use of the Product:
1. within a single private dwelling occupied by a single household; and
2. solely for personal, domestic or household purposes of that household, and excludes any use that constitutes Commercial Use, including (without limitation) any use:

1. by persons other than members of that household;
2. in premises that are rented, leased, licensed or otherwise made available to third parties on a short-term, holiday or transient basis; or
3. involving any fee, charge, consideration or other commercial benefit (whether direct or indirect).
1. Headings are for convenience only and do not affect interpretation.

4. Effective Date

1. 1. This Warranty takes effect from the date of purchase of the Product.

5. Warranty Period and Scope

Residential Use 

1. Where the Product is used only for Residential Use, and subject to this Warranty:
1. the sauna cabin is warranted against defects in materials and workmanship affecting structural integrity for five (5) years from the date of purchase;
2. factory installed heater components, factory installed controls and wiring, and factory installed audio components are warranted against defects in materials and workmanship for five (5) years from the date of purchase; and
3. the labour component of Warranty service for eligible defects in the sauna cabin and Factory Installed Components is available for five (5) years from the date of purchase, after which parts-only cover continues for the balance of the applicable warranty, subject to this Warranty.

Commercial Use 

1. Where the Product is used only for Commercial Use, and subject to this Warranty:
1. the sauna cabin is warranted against defects in materials and workmanship for a period of three (3) years from the date of purchase;
2. factory installed heater components, factory installed controls and wiring, and factory installed audio components are warranted against defects in materials and workmanship for a period of three (3) years from the date of purchase; and
3. the labour component of Warranty service for eligible defects in the sauna cabin and Factory Installed Components is available for a period of three (3) years from the date of purchase.

Parts Availability and Technical Support

1. 1. The Company will use reasonable endeavours to make replacement parts available for up to seven (7) years from the date of purchase, where reasonably practicable.
   2. The Company may provide technical support in Australia from time to time for the reasonable lifetime of the Product. Any such support is general in nature only, does not constitute site-specific installation, electrical or engineering advice, and does not extend the Warranty period.

Non-Factory Items

1. 1. Non-factory-installed components, options, accessories and aftermarket parts are not covered by this Warranty and are covered only by any warranty provided by the relevant third-party manufacturer, if any.

6. Transferability

1. 1. This Warranty is provided to the original Purchaser of the Product.
   2. Subject to clause 6.3, this Warranty is not transferable to any subsequent owner of the Product without the prior written consent of the Company (which may be given or withheld in its discretion).
   3. This clause does not limit or exclude any rights or remedies that a person may have under the ACL or any other applicable law in respect of the Product, including any rights that may arise independently of this Warranty.

7. What the Company Will Do

1. 1. If a valid claim is made under this Warranty during the applicable Warranty period, the Company may, at its option and subject to the ACL:
      1. repair the defective Product or component;
      2. replace the defective Product or component with the same or a substantially similar Product or component; or
      3. refund the price paid for the defective Product or defective component.
   2. The Company may determine the most appropriate method of Warranty service, including remote troubleshooting, supply of replacement parts, workshop repair, on-site attendance by an authorised technician, or replacement of the Product or component.
   3. Any repaired or replacement Product or component supplied under this Warranty will be covered for the longer of:
      1. the unexpired balance of the original Warranty period; and
      2. ninety (90) days from the date of repair or replacement.
   4. If the Company offers a repair, replacement or refund that satisfies its obligations under this Warranty, and that remedy is unreasonably refused by the Purchaser, the Company may treat its obligations under this Warranty as discharged to the extent permitted by law.

8. Conditions of Warranty Coverage

1. 1. To make a claim under this Warranty, the Purchaser must:
      1. provide dated proof of purchase;
      2. notify the Company of the alleged defect within the applicable Warranty period and within a reasonable time after the defect becomes apparent;
      3. provide the Product model and serial number, if available;
      4. provide a reasonable description of the issue and, where reasonably requested, photographs or video; and
      5. provide the Company with reasonable access to assess the claim, including inspection during normal business hours where reasonably required.
   2. Product registration may assist with administration of claims, but registration is not required for Warranty coverage.
   3. This Warranty applies only where the Product has been:
      1. assembled, installed, connected, maintained and used substantially in accordance with the Company’s written instructions;
      2. used for its intended purpose;
      3. used with a suitable and compliant electrical supply; and
      4. where required, assembled, connected or worked on by appropriately qualified and licensed persons.
   4. All Warranty labour must be carried out by the Company or an authorised service provider approved by the Company, unless the Company agrees otherwise in writing.
   5. The Purchaser must take reasonable steps to prevent further damage once an issue becomes apparent.
      

9. Exclusions and Limitations - What is Not Covered

1. 1. This Warranty does not cover defects, damage, malfunction or failure caused by or arising from:
      1. assembly, installation, electrical connection, relocation, commissioning or other work carried out by the Purchaser or a third party;
      2. installer error, third-party workmanship, or any work not authorised in writing by the Company;
      3. misuse, abuse, neglect, improper operation, improper maintenance, accidental damage, impact damage or failure to follow the Company’s written instructions;
      4. improper voltage, unsuitable outlet, inadequate electrical capacity, incorrect wiring, inadequate earthing, inadequate circuit protection or other electrical supply issues not caused by a defect in the supplied Product;
      5. inadequate site preparation, improper siting, inadequate ventilation, moisture exposure, use in a wet area, unsuitable flooring, inadequate clearances or unsuitable environmental conditions;
      6. alteration, modification, tampering, unauthorised repair or use of non-approved accessories, parts or components;
      7. normal wear and tear, cosmetic damage, surface scratches, dents, fading, discolouration, finish deterioration or other appearance changes that do not materially affect normal operation;
      8. consumable items or routine maintenance items;
      9. fire, flood, storm, earthquake, lightning, power surge, pest infestation, corrosion, mould, chemicals, corrosive cleaners, or other external events beyond the Company’s reasonable control; or
      10. transport damage occurring after delivery, unless notified in accordance with the applicable terms and conditions of sale.
   2. This Warranty does not cover any claim relating to:
      1. the suitability of the Product for a particular premises, room or site;
      2. the suitability of any existing electrical circuit, outlet or building infrastructure;
      3. compliance of the premises with any building, electrical, strata, landlord, council or other site-specific requirements; or
      4. any representation made by an installer, dealer or other third party that is not expressly authorised by the Company in writing.
   3. This Warranty does not cover any claimed health, wellness or therapeutic outcome, or any loss arising from expectations as to such outcomes.

10. Supply-Only Limitation

1. 1. The Purchaser acknowledges that the Company’s contract is for the supply of the Product only, and not for assembly or installation services.
   2. Accordingly, unless the Company expressly agrees otherwise in writing, this Warranty does not cover:
      1. the cost of initial assembly or installation;
      2. disassembly, de-installation, removal, relocation or reinstallation;
      3. electrical disconnection, reconnection, hardwiring or electrician’s charges;
      4. builder, carpenter, flooring, access or site preparation costs;
      5. crane hire, lifting equipment, scaffolding, special access equipment or unusual access costs;
      6. travel, accommodation or attendance charges of any third-party technician; or
      7. any loss caused by delay or inability to access the Product for repair.
   3. Nothing in this clause excludes any right or remedy that cannot lawfully be excluded under the ACL.

11. Shipping and Costs

1. 1. The Company will advise the Purchaser of the return, inspection, repair or replacement process for any Warranty claim.
   2. Unless otherwise required by law or agreed by the Company in writing:
      1. the Purchaser is responsible for the reasonable cost of returning defective components to the Company or its nominated repairer; and
      2. the Company will bear the reasonable cost of sending repaired or replacement parts or components to the Purchaser within Australia for valid Warranty claims.
   3. Where a claim is made and the Product is required to be removed, transported or reinstalled, the Purchaser is responsible for those costs, except to the extent that the Company is required to bear such costs under the ACL or any other applicable law.
   4. If the Company determines, acting reasonably, that a claim is not covered by this Warranty, the Company may require the Purchaser to pay the reasonable cost of inspection, freight and any requested repair work, provided those costs are notified in advance where practicable.

12. Claim Procedure

1. 1. To make a Warranty claim, the Purchaser must contact the Company using the contact details stated in this Warranty or on the Company’s website and provide:
      1. proof of purchase (invoice or sales receipt showing date of purchase);
      2. the Product model and serial number, if available;
      3. a description of the alleged defect; and
      4. photographs or video of the alleged defect.
   2. The Company may require reasonable further information to assess the claim.
   3. Failure to follow the claim procedure may delay assessment of the claim, but does not of itself remove any rights the Purchaser may have under the ACL.

13. Limitation of Liability 

1. 1. This Warranty is given in addition to other rights and remedies of the Purchaser under the ACL and any other applicable law. Nothing in this Warranty excludes, restricts or modifies any right, remedy or liability that cannot lawfully be excluded, restricted or modified.
   2. To the maximum extent permitted by law, and subject to clause 13.1, the Company excludes all conditions, warranties, guarantees, rights or remedies which may otherwise be implied or imposed by statute, common law, equity, trade, custom or usage.
   3. To the extent permitted by law, and subject to the ACL, the Company is not liable for any indirect, consequential, incidental, special or exemplary loss or damage, including loss of profits, loss of revenue, loss of business, loss of opportunity, business interruption or loss of use, whether arising in contract, tort (including negligence), statute or otherwise.
   4. If the ACL or any other law implies a condition, warranty or guarantee into this Warranty or imposes a liability on the Company in respect of the Product, and the Company’s liability for breach of that condition, warranty or guarantee may be limited, then to the extent permitted by law, the Company’s liability is limited (at its option) to in the case of goods:
      1. the repair of the Product;
      2. the replacement of the Product or the supply of an equivalent product;
      3. the payment of the cost of repairing the Product; or
      4. the payment of the cost of replacing the Product or acquiring an equivalent product.
   5. Clause 13.4 applies only to the extent that the Product is not of a kind ordinarily acquired for personal, domestic or household use or consumption, and section 64A of the ACL permits such limitation. For clarity, where the Product is supplied for commercial, industrial, institutional or other non-domestic use, the parties agree that this clause is intended to apply to the maximum extent permitted by law.
   6. To the extent permitted by law, the Company’s aggregate liability under or in connection with this Warranty (other than liability that cannot be limited under the ACL, including for a failure to comply with a consumer guarantee where section 64A does not apply) is limited to the amount paid by the Purchaser for the Product.
   7. To the extent permitted by law, the Company’s liability under or in connection with this Warranty is reduced to the extent that the loss or damage is caused by or contributed to by:
      1. any act or omission of the Purchaser or any third party;
      2. any failure to comply with the Company’s instructions, manuals or specifications (including in relation to installation, use or maintenance);
      3. any modification, alteration or repair of the Product not authorised by the Company; or
      4. fair wear and tear, misuse, abuse, neglect or accidental damage.
   8. Nothing in this Warranty limits or excludes the Purchaser’s rights to a refund, replacement, repair, damages or compensation where such rights arise under the ACL.

14. General

1. 1. No dealer, distributor, reseller, installer or other third party is authorised to vary or extend this Warranty unless the variation is set out in a written document signed by an authorised representative of the Company.
   2. A repair or replacement under this Warranty does not restart or extend the original Warranty period, except as expressly stated in clause 7.3.
   3. If any provision of this Warranty is held to be invalid, illegal or unenforceable, that provision is to be read down or severed to the extent necessary, and the remaining provisions continue in full force and effect.
   4. This Warranty is governed by the laws of Western Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia.

15. Company Contact

Resonance Recovery Pty Ltd ACN 691 587 738 as trustee for the Leo Family Trust, trading as “Resonance Recovery”

356 Miamup Road, Cowaramup, Western Australia 6284

0430 727 663

hello@resonancerecovery.com

www.resonancerecovery.com