Tomkin Standard Warranty
Effective as at February 2020
This standard warranty (“the Warranty”) is provided to the original end-user purchaser (“the Purchaser”) by:
Tomkin Australia Pty Ltd (“Tomkin”)
90 Euston Road
Alexandria NSW 2015
Telephone: +61 2 8665 4675
and applies from 1 February 2020 to the following product ranges manufactured and/or imported by Tomkin and sold or supplied to the Purchaser for use in Australia (“the Product”):
|1. Tomkin||5. Maxipan|
|2. tablekraft||6. Vitroceram|
|3. Chef Inox||7. GetSet|
|4. JAB Design Australia|
Tomkin will repair (or replace, at Tomkin’s option) the Product with free parts and labour if there is a fault in the Product caused by a manufacturer’s defect in materials or workmanship, subject to the terms of this Warranty and the Purchaser complying with the claims procedure set out below. All parts or Product replaced becomes the property of Tomkin.
The Warranty applies to claims notified by the Purchaser during the warranty term (“the Warranty Term”) as set out in the table below. The Warranty Term commences from the date of delivery of the Product. However, the Warranty Term ends automatically if the Product is sold, hired or otherwise disposed of to a third party by the Purchaser.
|Chef Inox||20 years|
|JAB Design Australia||10 years|
How to make a Claim under the Warranty
To make a claim under this Warranty the Purchaser must do the following:
- Contact Tomkin (details listed above) to notify your claim
- Provide sufficient details in writing of the claim to enable a representative of Tomkin to assess the claim
- Provide documentary proof of the original purchase eg. an invoice or receipt
- Return the Product to Tomkin if required to do so by Tomkin.
Who is to Pay the Expenses of a Claim under the Warranty
If Tomkin requires the return of the Product to its address notified above, the Purchaser will be liable to pay for the delivery of the Product to Tomkin including all packaging costs, transport and insurance.
Damage or loss of the Product during delivery caused by failure to package properly and/or to insure the Product is not covered by the Warranty.
If Tomkin accepts the claim under the Warranty and repairs (or replaces, at its option) the Product, the Purchaser will also be liable to pay for delivery of the repaired (or replaced) Product to the Purchaser including all packaging costs, transport and insurance.
Warranty Exclusions and Limitations
This section applies to the extent permitted by applicable law, including Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”).
The Warranty does not apply to normal wear and tear; damage caused by accident or acts of God (including but not limited to flood, lightning, earthquake and fire); damage caused by misuse, abuse, negligence, improper installation or improper operation or use; damage, staining, discolouration or pitting caused by over-heating or improper cleaning, maintenance, use or unauthorised modification, tampering or repair.
Repair of the Product or a part does not extend or restart the Warranty Term.
Tomkin is entitled to seek reimbursement from the Purchaser of any costs reasonably incurred by Tomkin if a Product is found to be in good working order or the problem is not the result of a manufacturer’s defect in materials or workmanship or where any of the warranty exclusions or limitations set out in this Warranty apply.
This section applies if you acquire the Product as a “consumer” as defined under Australian Consumer Law.
The benefits to the consumer given under this Warranty are in addition to other rights and remedies of the consumer under a law in relation to the goods or services to which the warranty relates.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. 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.
Standard Warranty, Created February 2020