EVOLVE SKATEBOARDS AUS PTY LTD ACN 643 942 858 (‘EVOLVE’)
Evolve guarantees it Products for the Warranty Period to be of acceptable quality in accordance with section 54 of the Australian Consumer Law.
Subject to this policy, if a Product fails to be of acceptable quality during the Warranty Period due to a defect in material or workmanship, Evolve will either at Evolve’s cost:
repair the Product; or
replace the Product with the same or equivalent Product (having regard to function, specification and design); or
provide the Customer with a refund for the Purchase Price of that Product.
The replacement or repair of a Product or part does not restart or otherwise extend the Warranty Period for that Product.
Evolve may repair Products using refurbished parts provided Evolve is reasonably satisfied the parts are durable and will function properly for at least as long as the Warranty Period.
If Evolve provides a refund or replacement Product, title to the faulty Product will pass to Evolve from the date that faulty Product is delivered to Evolve.
Evolve may in its sole discretion decline the Warranty if proof of original purchase is not provided.
The Warranty is transferrable to another person but only if the Product is sold or transferred to that other person and the Customer provides that other person with proof of original purchase (such as an invoice or receipt).
The benefits to you pursuant to this clause are in addition to the other rights and remedies you may have pursuant to applicable law.
Scope of Warranty
The Warranty does not cover damage to a Product that, in Evolve’s reasonable opinion, has been damaged due to:
normal wear and tear;
transport or shipping of the Product;
theft of the Product;
use of the Product for a purpose other than as expressly described by Evolve, including for commercial purposes, or unusually high or excessive usage of the Product during the Warranty Period;
any act or omission of any person other than Evolve;
abuse, misuse, negligence, improper use or accidents, including using or storing the Product in adverse environments (including damp, sandy or corrosive environments), water damage, dropping the Product onto the ground or colliding with objects;
unauthorised disassembly, tampering or alterations, modifications or repairs being made to the Product;
use of the Product in a manner contrary to law; or
failure to comply with any user manuals or guidelines provided by Evolve from time to time for the Product, including maintenance and storage obligations.
The Warranty does not cover Consumable Components for the entirety of the Warranty Period.
Evolve will not repair or replace a Product if the Customer has been refunded the Purchase Price for the Product.
How to make a Warranty Claim
If the Customer is eligible to make a Warranty Claim, the Customer must:
provide Evolve with proof of purchase of the Product, such as a tax invoice, which clearly shows the Product purchase date; and
if Evolve provides the Customer a return authorisation number, then deliver the Product to Evolve at the Customer’s cost for inspection to diagnose the fault and confirm this Warranty applies, noting:
Products should be safely packaged for return shipping (preferably in their original factory packaging);
the Customer’s name, address, phone number and return authorisation number must be provided with the Product;
the Customer is at risk of loss or damage to the Product while in transit; and
the Customer should consider obtaining shipping insurance for any returned Product.
Upon receipt of the returned Product, Evolve will promptly evaluate the Warranty Claim and in its sole discretion either:
accept the Warranty Claim, in which case Evolve will repair or replace the Product and return it to the Customer at Evolve’s cost or issue a credit or refund in accordance with the Warranty; or
reject the Warranty Claim, in which case Evolve will return the Product to the Customer at the Customer’s sole cost.
Evolve will process an accepted Warranty Claim as soon as reasonably practicable, however timing will depend on availability of service technicians and, if Evolve elects to repair the Product, parts.
Limitation of Liability
To the maximum extent permitted by law, the remedies set out in clause 1(b) are the sole remedies available to the Customer and maximum liability of Evolve if the Warranty is breached (but note a Customer’s rights described in clause 5 below).
The limitation set out in clause 1(b) is an aggregate limit for all claims, whenever made.
To the maximum extent permitted by law, Evolve is not liable for any Consequential Loss however caused (including by Evolve’s negligence), suffered or incurred by a Customer, or another person, who uses a Product or otherwise in connection with a Product.
Mandatory Statement in favour of Australian Consumers
“Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service you are entitled:
to cancel your service contract with us; and
to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, then you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Evolve provides a Warranty on each Product on the terms set out in this policy, whether or not:
Evolve is the Manufacturer of the Product; and
Even if the Manufacturer has provided the Customer with its own warranty or guarantee in respect of the Product.
If Evolve is not the Manufacturer of a Product, Evolve does not make any warranty or representation about the existence, validity or terms of any other warranty or guarantee that may or may not be offered by the Manufacturer of the Product.
The Customer may purchase a service for the Products.
Upon the Customer paying to Evolve the fee for the service, and sending to Evolve the Product (including remote control) at the Customer’s cost and risk, then Evolve will service the Product as follows:
Replace: wheel and drive bearings using Evolve precision ceramic bearings; drive gears; pivot cups; and nuts and washers;
Adjust: bushings; belt tension; and tyre pressures (for all-terrain boards);
Clean: bushings; deck; and wheels/hubs; and
Test: complete board and remote operation; battery health (through a load test to determine the condition of the battery).
Once the service is complete, Evolve will inform the Customer and the Customer can collect the Product and remote or Evolve can arrange delivery (at the Customer’s cost).
During the service, the Customer is entitled to a 10% discount off any additional parts or accessories.
The service, and any repairs, will be rendered with due care and skill.
Extended Warranty and other packages
If the Consumer elects to buy an Extended Warranty at the time of originally purchasing the Product, or within 30 days of purchasing the Product, then:
the Warranty Period is extended for a total of 24 months; and
To use this protection the Customer must follow the procedure in clause 3 above; and
after the first 12 months of the Warranty Period, the Customer must pay to Evolve an administration fee of $60 for each assessment of a warranty claim and payment must be made before that assessment is undertaken.
Evolve will cover up to $50 of the total shipping costs involved in returning a product for warranty during the period of the extended warranty (this period begins at the start of the 13th month, to the end of the 24th month).
As described in clause 2, warranty is for coverage of manufacturing faults not brought on by way of external influence, tampering, neglect, modifications, misuse or abuse to the product. Warranty does not cover perishable items such as tyres, tubes, wheels, bearings (including motor bearings), grip tape, bushings or pivot cups. Where no manufacturing fault is found from the assessment of the product, the customer will be liable for the costs of the assessment, repairs and total shipping cost (total shipping cost refers to “round-trip” shipping – sending the product to Evolve Skateboards and returning the product to the customer).
If the Consumer elects to buy additional protection for Accidental Remote Damage + Extended Warranty at the time of originally purchasing the Product, then:
Evolve will repair the remote on up to three occasions as a result of accidental damage and if it costs less than half the price of a replacement remote during the Warranty Period;
To use this protection the Customer must follow the procedure in clause 3 above; and
Customer pays for the postage on sending the remote to Evolve.
the Customer must pay to Evolve an administration fee of $20 for each assessment of a warranty claim for the remote control and payment must be made before that assessment is undertaken.
The Customer may elect to purchase a bundle of services, “The Everything Package”, combining an Extended Warranty, protection for Accidental Remote Damage and a Service. If the Customers does so, then clauses 7 and 8 apply to that Customer. The Evolve Skateboards Board Service is at a time of the Customer’s choosing within the 24 months.
In this policy:
Accidental Remote Damage means damage to the remote control for a Product caused by accidental use;
Australian Consumer Law means the Australian Consumer Law as set out from time to time in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
Consequential Loss means any one or more of the following:
loss of revenues;
loss of reputation;
loss of profits;
loss of actual or anticipated savings;
loss of bargain;
loss of earning capacity;
lost opportunities (including opportunities to enter into arrangements with third parties); and
loss or damage in connection with claims against the Customer by third parties.
Consumable Components means consumable components of the Products, including but not limited to bearings, pivot cups, belts, tubes, tyres, bushings, grip tape and wheels;
Customer means a person who purchases a Product in Australia, either directly from Evolve or second-hand from such an original purchaser and who has been provided the original proof of purchase receipt or other information by the original purchaser;
Evolve means Evolve Skateboards Aus Pty Ltd ACN 643 942 858 of Address: 1/15 John Duncan Court, Varsity Lakes QLD 4227 Australia; telephone: (07) 5593 4999; email; email@example.com;
Manufacturer means the person who manufactures a Product as defined in the Australian Consumer Law;
Product means a product sold by Evolve;
Purchase Price means the purchase price and cost of delivery for a Product;
Warranty means the warranty set out in this policy;
Warranty Claim means a claim made by a Customer under this Warranty in accordance with clause 3(a); and
Warranty Period means the period commencing from the original date of purchase of a Product and ending:
twelve months later (or, subject to the terms of clause 8, 24 months later if an Extended Warranty is purchased); or
for Consumable Components, two months later.
If any part of this warranty policy is held by a court to be invalid it will be severed from the rest (with the rest remaining valid and applicable).