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Warranty

1. APPLICABILITY

All descriptions, quotations, proposals, offers, acknowledgments, acceptances and sales of Stealth (“Products”) sold via Australian Kayak Specialists and the www.kayakspecialists.com.au and www.shopaks.com.au websites (“Website”) of Australian Kayak Specialists (“Company”) are subject to and shall be governed exclusively by the provisions of these STANDARD TERMS AND CONDITIONS OF SALE (the “Agreement”).  Purchaser’s offer to purchase Products from Company is limited to the terms and conditions of this Agreement.  Any terms or conditions in addition to, or inconsistent with those stated herein, that are proposed by Purchaser in any offer to Company are hereby, by reference, totally rejected.  No such additional, different or inconsistent terms and conditions shall become part of this Agreement between Company and Purchaser unless expressly agreed to in a writing signed by both parties.  Company’s acceptance of any offer to purchase by Purchaser is expressly conditioned upon Purchaser’s full agreement to all the terms and conditions herein stated, and any terms in addition to, or inconsistent with those contained in Purchaser’s Product order or receipt by Purchaser of Company’s Products, shall in all events constitute full acknowledgment of and assent to the terms and conditions in this Agreement.

2. LIMITED WARRANTY

Any Products purchased from Company shall be free from defects in material or workmanship under normal use and service (the “Limited Warranty”).  This Limited Warranty with respect Stealth Kayaks is for defects reported to Company no later than one (1) Year from the date of delivery of the Products to the Purchaser’s location.  Products repaired or replaced under this Limited Warranty are warranted for  one (1) year from the date of delivery. With respect to parts and accessories - a one(1) month warranty is provided unless otherwise stated.



EXCLUSIONS: Specifically EXCLUDED from this Limited Warranty are:


(a)     Routine maintenance items or cosmetic deterioration.


(b)     Damage to a Product resulting from inadequate maintenance, neglect, abuse, accident or collision.


(c)     Damage to a Product resulting from installation or use of non-Company approved parts or accessories. 


(d)     Damage to a Product during shipment to the Purchaser.



REMEDY:  Purchaser’s sole and exclusive remedy under this Limited Warranty in the event of a defect in material or workmanship in the Product is that Company will, at its sole option, repair or replace any defective Product. If Company elects to repair or replace a defective Product, Company may at its discretion provide a factory reconditioned Product or new Product from an alternate supplier. All replaced Products become the sole property of Company.  This exclusive remedy will not be deemed to have failed of its essential purpose so long as Company has made reasonable efforts to repair or replace the defective Product.

All claims against defects on arrival must be made within 7 days of delivery.


DISCLAIMER:  THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED FOR THE PRODUCTS AND IS MADE IN LIEU OF ALL OTHER WARRANTIES, IMPLIED OR EXPRESSED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH OTHER WARRANTIES BEING EXPLICITLY DISCLAIMED.

LIMITATIONS:  THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE (OR JURISDICTION TO JURISDICTION).  THE RESPONSIBILITY OF COMPANY FOR PRODUCT MALFUNCTIONS AND DEFECTS IS LIMITED TO REPAIR AND REPLACEMENT OF THE PRODUCTS AS SET FORTH IN THE LIMITED WARRANTY.  ALL EXPRESS AND IMPLIED WARRANTIES FOR THE PRODUCT, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN TIME TO THE TERM OF THE LIMITED WARRANTY. NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THE LIMITED WARRANTY PERIOD HAS EXPIRED. SOME STATES DO NOT ALLOW SPECIFIC LIMITATIONS ON IMPLIED WARRANTIES OR THEIR DURATION, SO THIS LIMITATION MAY NOT APPLY TO YOU.

Company reserves the right to improve, modify or change the design of any Company Product without being responsible to modify previously manufactured Products.

No Company employee or representative, or any other person, has any authority to bind Company beyond the terms of this Limited Warranty without the express written approval of the Company Warranty Department.