Evolve Skateboards Pty Ltd ACN 163 891 469 (‘Evolve’)
- In this policy:
(a) Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
(b) Consequential Loss means any one or more of the following:
(i) loss of revenues;
(ii) loss of reputation;
(iii) loss of profits;
(iv) consequential loss;
(v) loss of actual or anticipated savings;
(vi) loss of bargain;
(vii) indirect loss;
(viii) lost opportunities (including opportunities to enter into arrangements with third parties); and
(ix) loss or damage in connection with claims against the Customer by third parties.
(c) Customermeans a customer who purchases a Product in Australia;
(d) Evolvemeans Evolve Skateboards Pty Ltd ACN 163 891 469 of 1/15 John Duncan Court, Varsity Lakes QLD 4227 Australia;
(e) Manufacturermeans the manufacturer of a Product;
(f) Productmeans a product sold by Evolve;
(g) Purchase Price means the purchase price and cost of delivery for a Product;
(h) Warranty means the warranty set out in this policy;
(i) Warranty Claim means a claim made under this Warranty in accordance with clause 5.1; and
(j) Warranty Period means the period of twelve (12) months commencing from the date of purchase of a Product.
- Evolve provides a Warranty on each Product on the terms set out in this policy, irrespective of:
(a) whether or not Evolve is the Manufacturer of the Product; and
(b) whether or not the Manufacturer has provided the Customer with its own warranty or guarantee in respect of the Product.
- To the extent that Evolve is not the Manufacturer of a Product, Evolve does not make any warranty or representation in relation to the existence, validity or terms of any other warranty or guarantee that may or may not be offered by the Manufacturer of the Product.
- Subject to this policy, if a Product fails during the Warranty Period due to a defect in material or workmanship, Evolve will repair or replace the Product at Evolve’s cost. If Evolve is unable to reasonably repair or replace a Product, Evolve will provide the Customer with a credit or a refund for the Purchase Price.
- Where Evolve has an obligation to repair a Product, Evolve may in its sole discretion replace the Product with the same or equivalent Product (having regard to function, specification and design) in lieu of repairing it. The replacement or repair of a Product or part does not restart or otherwise extend the Warranty Period in respect of that Product.
- Evolve may repair Products using refurbished parts.
- 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.
- The Warranty is only transferrable to another person (‘Recipient’) if the Customer provides the Recipient with proof of original purchase (such as an invoice or receipt). Evolve may in its sole discretion decline the Warranty of a Recipient if proof of original purchase is not provided.
4. Scope of Warranty
- The Warranty does not cover damage to a Product that, in Evolve’s reasonable opinion have been damaged due to:
(a) normal wear and tear;
(b) transport or shipping of the Product;
(c) theft of the Product;
(d) use of the Product for a purpose other than as expressly described by Evolve, including for commercial purposes;
(e) any act or omission of any person other than Evolve;
(f) 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;
(g) unauthorised disassembly, tampering or alterations, modifications or repairs being made to the Product;
(h) use of the Product in a manner contrary to law; or
(i) failure to comply with any user manuals or guidelines provided by Evolve from time to time in respect of the Product, including maintenance and storage obligations.
- The Warranty does not cover perishable or consumable components of the Products, including but not limited to bearings, pivot cups, belts, tubes, tyres, bushings, grip tape and wheels.
- Evolve will not repair or replace a Product if the Customer has been refunded the Purchase Price for the Product.
5. How to make a Warranty claim
- If the Customer is eligible to make a Warranty Claim, the Customer must:
(a) contact Evolve by visiting the page www.evolveskateboards.com.au/pages/contact-us;
(b) provide Evolve with proof of purchase of the Product, such as a tax invoice, which clearly shows the Product purchase date; and
(c) deliver the Product to Evolve for inspection to diagnose the fault and confirm this Warranty applies, noting:
(i) Products should be returned in their original factory packaging, as the Customer is responsible for safely packaging the Product for shipping;
(ii) the Customer’s name, address, phone number and return authorisation number must be provided with the Product; and
(iii)the Customer should obtain shipping insurance in respect of any returned Product as Evolve is not liable under this Warranty should the Product be damaged or lost in transit.
- Evolve will evaluate the Warranty Claim and in its sole discretion either:
(a) accept the Warranty Claim, in which case Evolve will repair or replace the Product in accordance with the Warranty; or
(b) 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 parts.
- Evolve’s Products come with guarantees that cannot be excluded under Australian Consumer Law if the Customer is a consumer who purchases a Product from Evolve for purposes other than re-supply. A Customer is entitled to obtain a replacement or refund for a major failure of a Product and compensation for any other reasonably foreseeable loss or damage. A Customer is also entitled to have the Product repaired or replaced if the Product fails to be of acceptable quality and the failure does not amount to a major failure. What constitutes a major failure is set out in the Australian Consumer Law.
- A Customer’s right under law (including the Australian Consumer Law) is in addition to the rights provided by Evolve under this Warranty. Nothing in this Warranty purports to modify or exclude the guarantees and other legal rights under Australian law. This Warranty does not apply to the extent of any inconsistency with Australian law.
- Subject to clauses 5and 6.6below, Evolve’s liability for any loss or damage, however caused (including by Evolve’s negligence), suffered by a Customer in connection with a Product is limited to, at Evolve’s election to:
(a) the Purchase Price for that Product; or
(b) resupply of that Product.
- The limitation set out in clause 6.3above is an aggregate limit for all claims, whenever made.
- Subject to clause 6below, Evolve is not liable for any Consequential Loss however caused (including by Evolve’s negligence), suffered or incurred by a Customer in connection with a Product.
- If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in relation to any good or service supplied by Evolve and Evolve’s liability for failing to comply with that guarantee cannot be excluded but may be limited, then clauses 3and 6.5do not apply to that liability and instead Evolve’s liability for such failure is limited to (at Evolve’s election):
(a) in the case of a supply of goods, Evolve replacing the goods or supplying equivalent goods or repairing the goods; or
(b) in the case of a supply of services, Evolve supplying the services again or paying the cost of having the services supplied again.