1.Definitions

“Authorised Service Agent” means an agent authorised by CN United to provide inspection, repair and maintenance service on a Product

“Business Day” means a day that is not a Saturday, a Sunday or a public holiday in the city, state or territory where the Product is situated

“Customer” means the purchaser of a Product supplied new by CN United to the Dealer or the Customer

“Dealer” means a dealer, supplier or retailer of the Product

“Inspection Fee” means the fee payable by the Customer in order for CN United to inspect the Product to determine whether the whether the Customer’s warranty claim falls within the warranty terms and conditions contained in this document

“Product” means the product supplied new by CN United

  1. Application of the Warranty Terms and Conditions

2.1 These Warranty Terms and Conditions and no other terms and conditions whether written or oral shall apply to the Product.

2.2 These Warranty Terms and Conditions supersede all prior understanding, arrangements and agreements between CN United and the Customer and constitute the sole and only agreement with respect to the warranty provided by CN United.

  1. Warranty and Returns

3.1 Subject to the terms and conditions contained in this document, CN United warrants the Product purchased against  defects against manufacturing defects for a period : –

3.1.1  according to Individual Brands Wholesaler or Manfacturers’ (“CN Suppliers”) warranty period & term for both on-site repair service and replacement of parts free of any charge from the date of the purchase of the Product;

3.1.2 followed by  additional period (if any) as offered by CN Suppliers for replacement of parts free of any charge with the costs of the onsite service to be paid by the Customer.

3.2  All warranty claims must be lodged with: –

3.2.1  proof of purchase by way of tax invoice or delivery docket in relation to the Product. Without proof of purchase, the warranty will not apply; and

3.2.1  a Gas Certificate of Compliance if the Product is a gas appliance.

3.3  The Customer must give CN United written notice to CN United via the Warranty Request Form available on CN SUPPLIERS’ website immediately upon becoming aware of any defect and must give such notice prior to the expiry of the respective warranty periods of:

Any defect which arises prior to the expiry of the relevant warranty periods will not be covered under the warranty if the Customer notifies CN United or the Dealer of such defect after the relevant warranty periods have expired.

3.4 CN United’s warranty against all defects in material and workmanship for the respective warranty periods set out in Clause 3.1 above is subject to the following: –

3.4.1  if the defect arises from the customer’s failure to:

(a)  carry out regular servicing, at the customer’s cost, by CN United or an Authorised Service Agent; and or

(b) the customer fails to maintain the product as specified in the operation manual;

then the warranty against defects will be void.

3.4.2 the repair of the Product will be carried out within a reasonable period of time after notification of the defect is received by CN United and during the hours of 8.00 am to 4.00 pm on a Business Day.  if the Customer requires the Product to be repaired immediately or outside the hours of 8.00 am to 4.00 pm on a Business Day, such repair is subject to availability and the Customer must pay the urgent service fee plus GST. The Customer will be informed of such urgent service fee plus GST prior to the Customer’s confirmation for the service to be provided;

3.4.3   All Back to Base Products the Customer must return the Product to CN United’s head office located at No 2/31 Amay Crescent, Ferntree Gully, Victoria 3156 or to the nearest Authorised Service Agent as directed by CN UNITED, if available for repair with the costs of the delivery and collection of the Product to be borne by the Customer.   If the Customer requires or prefers on-site service, the Customer is liable for the travel fee plus GST if on-site service is available at the location where the Product is situated and the Customer will be informed of such travel fee plus GST prior to the Customer’s confirmation of the service to be provided;

3.4.4  all other costs and charges related to the repair and replacement of the defective parts of the Product including but not limited to re-installation and commissioning costs shall be borne by the Customer; and

3.4.5  CN United is not required to provide a replacement product for the Customer’s use while the Product is being repaired or while waiting for a replacement part to be available for repair.

3.5    As an alternative to the repair and replacement of the defective parts of the Product, CN United reserves the right to replace the Product with a product with similar features or to refund to the Customer the costs of the Product purchased at the discretion of CN United.

  1. Warranty Claim Procedure

4.1 To make a claim under this warranty, the customer must do the following: –

4.1.1 Complete the Warranty Request Form online available on CN United Catering’s website at http://www.cnunited.com.au/enquiry/index/service and forward the completed form to CN UNITED by email.

4.1.2   Provide a copy of the tax invoice or delivery docket as proof of purchase.

4.1.3   Provide a copy of the Gas Certificate of Compliance in relation to a gas appliance.

4.1.4   Provide the Customer’s credit card / debit card details required in the Warranty Request Form as security for the payment of the Inspection Fee in the event that the warranty claim is not related to any defect in material or workmanship of the Product or the warranty has been voided by the Customer or the warranty claim does not fall within the warranty terms and conditions contained in this document.

4.2  Upon the Customer completing the procedures set out in paragraph 4.1 above, CN United or its Authorised Service Agent will carry out an inspection of the Product and determine whether the Product is under warranty in accordance with the terms contained in this document.

4.3  In providing the credit card / debit card details required in the Warranty Request Form, the Customer authorises CN United to place a temporary hold on the Customer’s credit card / debit card for the Inspection Fee which amounts to a pre-authorisation to CN United to process the credit card / debit card, if required. This pre-authorisation is not a charge and at this stage, no funds will be debited from the Customer’s credit card / debit card account.

4.4  If upon inspection by CN United or its Authorised Service Agent, the Product is not under warranty, the Customer is liable for the Inspection Fee and the Customer’s credit card / debit card will at this stage be processed for the payment of the Inspection Fee.

4.5  If the product is under warranty for both on-site repair service and replacement of parts or replace of parts only, CN United will not charge the Customer the Inspection Fee and the pre-authorisation on the credit card / debit card will be cancelled.  CN United or its Authorised Service Agent will then proceed with the repair of the Product at no charge to the Customer.

4.6   If the Product is not under warranty for both on-site repair service and replacement of parts, CN United will inform the Customer of the estimated costs of the on-site repair service and replacement of parts or the costs of the on-site repair service only (as the case may be in accordance with the terms of the warranty) required for the repair of the Product.  When the Customer authorises CN United to proceed with the repair of the Product, the Customer also authorises CN United to place a temporary hold on the credit card / debit card for the estimated costs of the repair amounting to a pre-authorisation to CN United to process the credit card / debit card, if required. This pre-authorisation is not a charge and at this stage, no funds will be debited from the Customer’s credit card / debit card account.  Upon completion of the repair by CN United or its Authorised Service Agent, the Customer’s credit card / debit card will be processed for the payment of the costs of the repair.

  1. Warranty Limitations and Exclusions

5.1  CN United’s warranty covers only new Products purchased by the Customer and is not transferrable to any other party.

5.2  CN United’s warranty will be suspended if the Customer has not paid for the cost of the purchase of the Product in full.

5.3  CN United’s warranty does not cover the use of the Product outside of Australia or if the Product is situated out of Australia.

5.4  CN United’s warranty does not cover: –

5.4.1   any component of the Product made of glass.

5.4.2   any light globes, infra-red tubes, quartz tubes or any other type of globes or tubes fitted to the Product.

5.4.3   any defect or damage to the Product caused or partly caused by blocked pilot assembly or burner jets from food stuff, oils, chemicals or debris or by a failure to clean and maintain the Product as specified in the user manual.

5.4.4   any unsuitability or limitations as to the use of the Product or any defect or damage to the Product caused as a result of any fault in the Customer’s specification or design provided by the Customer to CN United or the Dealer.

5.5 CN United’s warranty will be voided: –

5.5.1  if the serial number of the Product has been tampered with or removed;

5.5.2  if the Product has been repaired or serviced by any person other than the Authorised Service Agent;

5.5.3  if the defect or damage to the Product is caused by the Customer: –

(a)  failing to follow the instructions in the installation, commissioning, use or maintenance of the Product.

(b)  carrying out any modification or repair to the Product without the authority of CN United or its Authorised Service Agent;

(c) causing accidental damage to the Product;

(d)  using the Product in a manner which is inconsistent with the proper and recommended use of the Product by CN United;

(e)  being negligent in the installation, commissioning, use or maintenance of the Product;

(f)  failing to obtain a Gas Certificate of Compliance when required and/or the Customer failing to install all gas related Products in accordance with the installation requirements of AS/NZS 5601.1 and any other relevant legislation.

5.6. CN United will not in any circumstance be liable for any consequential loss or damage including any actual or expected loss of revenue claimed to have arisen from the Customer’s use of the Product.

5.7  The Dealer is not authorised by CN United to give any additional warranty in relation to the Product or to make any representation about the Product’s performance or fitness for any specific purpose.