Grundfos New Zealand Consumer Warranty Document

CONSUMER WARRANTY

1.This warranty applies to GRUNDFOS products where the purchaser acquires the products from a Grundfos Dealer or On-seller for his/her own use and not for purpose of re-supply. Grundfos products purchased as part of other manufacturers’ systems are not covered by this consumer warranty. This warranty is in addition to any rights and remedies that the purchaser may have under the Consumer Guarantee Act 1993 (CGA) and other laws.

2. GRUNDFOS warrants that the products are free from defects. A Product is considered as being defective only if it is not delivered in accordance with the Agreement due to faulty material, design, workmanship or manufacturing on the part of Grundfos or a third party acting on Grundfos’ behalf.

Not covered by the warranty is damage due to such events as ordinary wear and tear; incorrect product selection, use of the product for applications for which they are not matched to or intended for; modifications, alterations or repair of the product undertaken by the Purchaser or a third party (not acting on GRUNDFOS’ behalf); failure to follow GRUNDFOS’ instructions (whether oral or in writing); installation, commissioning, operation (e.g. use of the product outside its specifications) or maintenance not in accordance with GRUNDFOS installation or service manual; use of faulty or inadequate ancillary equipment in conjunction with the product; the application of spare parts of poor quality (excluding the application of any GRUNDFOS original spare parts); accidental or wilful damage or misuse of the product by Purchaser or third party (not acting on GRUNDFOS’ behalf); Purchaser/end user’s or its own product’s non-compliance with applicable law and regulation; improper supply voltage or a fluctuation (either up or down) of the power supply specifications or characteristics thereof (including for example the loss of supply of any phases); electrical fusion, electronic drive controls or motor protection equipment or electrical filtering equipment that has not been endorsed for use by Grundfos; lightning strike; insufficient liquid to enable the Product(s) to perform; cavitation; corrosive action or damage caused by water quality conditions which are outside the parameters of the installed Product including but not limited to, excessive particles or solids, salinity, conductivity, electrolytic action, hazardous or caustic liquids, PH levels, liquid temperature beyond the products’ recommended range, and Purchaser’s or its own product’s non-compliance with applicable law and regulation.

3. GRUNDFOS is not responsible for the design of the hydraulic systems in which the product is installed, and, therefore, cannot guarantee the product will be able to meet its specifications in the actual application. Material compatibility is not the responsibility of GRUNDFOS.

4. The terms of this warranty policy may be inconsistent with the warranty statement in the product manual. To the extent of any inconsistency, the terms of this warranty shall prevail.

WARRANTY PERIOD

5. This is a limited manufacturer’s warranty of 24 (twenty-four) months from the date of purchase.

6. In case of remedy of defects, the warranty period related to the product as such remains the same after remedy, however: a) if part of a product is repaired or replaced, the warranty period concerning such repaired/replacement parts is 12 (twelve) months from the date of repair or replacement; and b) if the whole product as such (e.g. a pump) is replaced, a new warranty period of 24 (twenty-four) months from the date of replacement.

For Services, the Purchaser must notify their dealer or GRUNDFOS no later than 24 months from the performance of the Services (the “Warranty Notification Period”).

REMEDY OF DEFECTS

7. To make a warranty claim, check first with the dealer/on-seller from whom the product was purchased, as they may be able to make the claim on behalf of the end-user or Purchaser.

If this is not known, Grundfos may direct you to make a claim via the closest nominated dealer.

If you have made unsuccessful attempts to make a claim via your place of purchase/Dealer, or a Grundfos nominated dealer, then you may make a claim under this warranty:

·        by phoning 0800 788 900, or

·        via email to nzservice@grundfos.com, or

·        in writing via posted mail to: Grundfos Pumps, Attention - Service & Solutions,  17 Beatrice Tinsley Crescent, Albany, Auckland. 0632. New Zealand.

In all cases, the notice shall include a description of the problem, product number, serial number (if applicable), all listed details on the data plate, a date of purchase and a valid proof of purchase, photos of the product and installation, as well as any other as requested by Grundfos to enable accurate product identification, assessment and data recording.

If it is deemed that the defective product is to be returned to Grundfos for further assessment, then the Purchaser will be provided with a Return Material Authority (RMA) tracking number and an address to return the product to.

Note that the return address may be located in a different town or state to that of the Purchaser, and, may be either the workshop of a Grundfos premises, or a Grundfos Authorised Service Partner. It is at the sole decision and discretion of Grundfos as to where the product is to be returned to.

GRUNDFOS must remedy defective (parts of) products by repairing or replacing (in whole or part) the defective (part of the) product within reasonable time depending on the nature of the defect.

8. Repair or replacement will be at GRUNDFOS’ own cost, however:

a) All cost and expenses related to transport of (parts of) products from Purchaser’s site to GRUNDFOS’ workshop as well as any costs and expenses for dismounting and mounting and de-/re-installation shall be at Purchaser’s account.

b) All cost and expenses related to transport of (parts of) products from GRUNDFOS’ workshop back to Purchaser’s site shall be at Grundfos’ account if it shows that the product subject to repair or
replacement suffers from defects covered by GRUNDFOS warranty.

c) All costs and expenses related to transport of (parts of) products to and from GRUNDFOS’ workshop, as well as all costs related to repair or replacement shall be at Purchaser’s account, if it shows that the product subject to repair or replacement did not suffer from any defects covered by GRUNDFOS warranty. Such payment is to be made by the Purchaser based on GRUNDFOS’ pricelists prior to service and shall cover any costs and expenses related to such service.

9. The product may not be disassembled prior to remedy. Any failure to comply herewith will render the warranty null and void. GRUNDFOS reserves the right not to remedy products polluted by poisonous media or other liquids injurious to the environment or people.

STATUTORY RIGHTS

10. GRUNDFOS products come with consumer guarantees that cannot be excluded under the Consumer Guarantee Act (CGA) 1993. Where a consumer has a right of redress against Grundfos in accordance with CGA 1993 in respect of the failure of a product to comply with a guarantee, the consumer may exercise the following remedies:

(a) Where the failure cannot be remedied or is of a substantial character within the meaning of section 21 of CGA 1993, the consumer may reject the product and get a refund of any money paid for the defective product or obtain from GRUNDFOS damages in compensation for any reduction in value of the product below the price paid or payable by the consumer for the defective product.

(b) Where GRUNDFOS does not remedy the failure within a reasonable time, the consumer might have the failure remedied elsewhere and obtain from GRUNDFOS all reasonable costs incurred in having the failure remedied or might reject the defective product and get a refund of any money paid for the defective product.

(c) In addition to the remedies set out above, the consumer may obtain from GRUNDFOS damages for any loss or damage to the consumer resulting from the failure (other than loss or damage through reduction in value of the defective product) which was reasonably foreseeable as liable to result from the failure.

11. To the extend the product is acquired for business needs, GRUNDFOS liability under this warranty is limited to repair or replacement of the product.

12. Any warranty given to the Purchaser in relation
to GRUNDFOS products by a dealer or on-seller (other than the warranty provided in this warranty policy) is not GRUNDFOS warranty and is full responsibility of the provider. GRUNDFOS will not accept claims under any such warranty and will not be liable to the Purchaser or any third party with respect to any such warranty. GRUNDFOS under no circumstances can be held responsible for the fitness for purpose of a re-sold product.