- WARRANTY AGAINST DEFECTS.
1.1 Isolux Pty Ltd supplies goods that are covered by various manufacturers warranties as set out in the table below. These warranties are offered in addition to your statutory rights under the Australian Consumer Law. Isolux Pty Ltd will endeavour to assist its customers, at its option and subject to the terms, exclusions and limitations set out in this warranty statement, to make claims under any applicable manufacturer’s warranties if any of the products speciﬁed in the table below (product) have a manufacturing defect in material or workmanship which:
(a) Falls within the scope of the manufacturer’s warranty; and
(b) Which occurs within the relevant warranty period.
(c) Isolux Pty Ltd will provide a 5 year warranty on the operation and performance of the whole PV system , including all workmanship and products, Isolux Pty Ltd is responsible for claiming ALL manufacturer’s warranties.
1.2 Isolux Pty Ltd, at its option and subject to stock availability, elect to replace a defective Product
with another product of comparable value and features as reasonably determined by ISOLUX PTY LTD and process a warranty claim against the relevant manufacturer itself.
1.3 Isolux Pty Ltd also offers a limited installation services warranty for any defects in the work carried out by its qualiﬁed installers.
- SPECIFIED PRODUCTS, SCOPE OF WARRANTIES AND WARRANTY PERIODS
2.1 Unless otherwise stated in the relevant warranty documents, all warranty periods commence on the earlier of the date the Product is installed by Isolux Pty Ltd, or sold to the customer.
2.2 Only Products listed in the table above, for the scope speciﬁed above (scope) and subject to the limitations in clause 3 below, are covered by manufacturer’s warranties. For the avoidance of doubt, panel glass is not covered by an express warranty.
- LIMITATIONS AND EXCLUSIONS
3.1 To the extent permitted by law, claims are excluded from the Scope and Isolux Pty Ltd will not process a manufacturer’s warranty claim or be liable in respect of any express or implied warranty or guarantee.
(a) Unless the Product was installed by a Clean Energy Council (“CEC”) qualiﬁed installer and as per the installation instructions supplied with the Product or installed by Isolux Pty Ltd;
(b) Unless the customer has paid in full all amounts owing to Isolux Pty Ltd by the customer;
(c) If the defect is contributed to or caused by any improper usage of the Product, failure to comply with any instructions supplied with the Product or usage of the Product for purposes other than
that for which the Product was designed or intended;
(d) If the defect occurs wholly or partially as a result of any act or omission by the customer, or any person other than a person employed or sub-contracted by Isolux Pty Ltd.
(e) If the Product is not satisfactorily maintained, is subject to misuse, neglect, accident or abuse, or for damage caused by the customer continuing to use the Product after the defect becomes apparent;
(f) If the Product is repaired, or any attempt to repair the Product is made, by anyone other than a CEC accredited installer of the Products acting at Isolux Pty Ltd’s direction;
(g) If the Product is moved for any reason after it has been installed (regardless of whether the Product is subsequently reinstalled or moved back to the same location) unless the Product is reinstalled at the same address by a CEC qualiﬁed installer nominated by Isolux Pty Ltd and it is stored during any interim period in accordance with that installer’s instructions;
(h) For any damage or defect caused by lightning, ﬂood, power surge, ﬁre, pest damage, corrosion, actions of third parties or any other act of God, event or accident outside Isolux Pty Ltd’s reasonable control and not arising under normal and standard operating conditions;
(i) If the Product is altered or modiﬁed in any way (including if the Product’s serial or identiﬁcation number is altered, defaced or removed) unless such modiﬁcation has been approved in writing by Isolux Pty Ltd;
(j) For normal wear and tear; or
(k) For any other like fault which does not affect the basic performance of the Product, including but not limited to, any external scratches, stains, or natural mechanical wearing.
3.2 Except as provided for in your Final Quote, your supply and installation contracts and this document, to the full extent permitted by law, and subject to your statutory rights under the Australian Consumer Law, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on Isolux Pty Ltd are expressly included.