About this Warranty
Cognian Pty Limited (“Cognian”) provides the following warranty in relation to products
supplied by Cognian in connection with an accepted order from a customer (each a
“Cognian Product” and collectively the “Cognian Products”) and is installed by an agent
who is trained and certified by Cognian (“Authorised Agent”).
Each Cognian Product is described in technical documentation supplied with such
Cognian Product (“Technical Specification”). The acceptable failure rates per product
(“Acceptable Defects”) are specified in the relevant technical documentation. In the
case of failures exceeding such Acceptable Defects, this Warranty will apply.
Warranty Period
In addition to any other guarantee or warranty implied by law, Cognian warrants that
all Cognian Products will be free from defects in materials and workmanship for a
period of 5 years from the date of purchase (“Warranty Period”).
Defective Cognian Products covered by this warranty must be returned to Cognian
within the Warranty Period at the expense of the customer. Any warranty claim must
be accompanied by proof of purchase and full details of the relevant defect, including
proof that the defect falls outside the Acceptable Defects. The defective product must
be returned to Cognian, within thirty days of failure for the warranty claim to be
assessed.
Cognian will at its election refund the customer, repair, or replace (which replacement
may involve equivalent goods if the same goods are no longer manufactured or are
unavailable) any defective Cognian Product covered by this warranty and return the
same to the customer at its expense.
If Cognian finds no defect in the Cognian Product after inspection and testing, or finds
that the Defect has been caused by something other than a design or production fault,
the customer must pay Cognian’s reasonable costs of service work and testing.
The customer must bear the expense of uninstalling the defective Cognian Product
and reinstalling the repaired or replacement Cognian Product. A repaired or replaced
Cognian Product is only covered by this warranty for the remainder of the original Warranty
Period.
This Warranty only applies to defects caused by design or production faults.
Accordingly, this Warranty does not:
Warranty Exclusions
1. apply to any Cognian product that has:
a. not been installed in accordance with its Technical Specifications by an Authorised
Agent or in accordance with relevant international or Australian standards;
b. not been operated in accordance with its technical specifications by an
appropriately skilled person or in accordance with relevant international or Australian
Standards including, without limitation, in relation to temperature, humidity, voltage
and current;
c. been installed with luminaires, sensors, switches, or any other equipment that are
not compliant with applicable international or Australian standards;
d. been repaired, altered or modified by someone other than Cognian or an Authorised
Agent; or
e. been used other than for the purpose for which it was designed;
2. cover any damage or defects to Cognian Products caused by:
a. normal wear and tear;
b. abnormal conditions (including temperature, water, fire, humidity, pressure or
stress);
c. abuse, misuse, neglect or accident;
d. damage or defects (including electrical defects) to components or other goods
external to the Cognian Product; or
e. any adverse electrical events including without limitation the electrical supply not
performing within the limits of applicable supply standards, electrical supply spikes
and over or under voltage.
Limitations
The refund, repair, or replacement of a defective Cognian Product in accordance with
this Warranty (in the sole discretion of Cognian) is the absolute limit of Cognian’s
liability under this warranty. In no event will this Warranty extend to any incidental or
consequential loss or damage (including, without limitation, loss of time, loss of use,
loss of profits, installation cost or any other damage).
Under Australian Law
This paragraph only applies to purchasers who fall within the definition of
“Consumers” under the Australian Consumer Law.
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.
General
If you have any questions about this Warranty, please contact Cognian
using the contact details below.
Cognian Pty Ltd
ABN 32 634 486 712
T 1300 459 525
This Warranty is governed by the laws of New South Wales, Australia.