TAURANGA DIESEL SPECIALISTS LIMITED (‘TDSL’)
Warranty Terms and Conditions
Product: shall define either a complete or component part of a complete system designed by an Original Engine Manufacturer (“OEM’) to enable its diesel fuel injection system to perform.
Supply: shall define the sale to customer of a Product purchased in its entirety by TDSL from an OEM and/or aftermarket manufacturer and/or “Supply” of TDSL’s services in repair of a product sent by the customer or sourced elsewhere by TDSL and repaired for the supply to the customer.
Services: shall define the remanufacture by TDSL of said Product using new parts as required. Services include the assessment, dismantling, rebuilding and recalibrating of Product to OEM specification.
Limited Services: shall define the repair by TDSL of said Product and include assessment, partial dismantling, replacement of seals and subsequent testing for leaks but is NOT a remanufacture of said Product. Limited Services receive only the Limited Warranty pursuant to Clause 1 below.
1. Warranty Terms
1.1 Standard Warranty: Subject to the terms and conditions set out below, TDSL agrees to repair or replace Products supplied by it and/or services supplied on Products, at its own cost, in circumstances where the Product does not perform in accordance with either original manufacturers specifications where applicable or where the Product subject to TDSL repair work is failing in use.
1.2 Limited Warranty: Subject to the terms and conditions set out below, in all cases where Limited Services have been provided, TDSL agrees only to repair/rework at its own cost faults or failure in its workmanship and/or failure in any new parts fitted in the process of the Limited Service.
Standard and Limited Warranty period extends to the earlier of:
A period of 12 months, commencing on the date of dispatch from TDSL premises (or deemed delivery) ; OR 50,000 kilometers if the Product or service pertains to an engine where usage is measured by distance travelled; or 2000 hours if the Product or service pertains to an engine where usage is measured by hours in use.
1.3 This contractual Product warranty does not operate to limit rights under the statutory warranties referred to in clause 3.1 below.
2. Warranty Conditions
2.1 Proof of purchase (invoice or paid Order confirmation) must be provided when requesting service under the Standard Warranty.
2.2 TDSL requires any customer requesting service under the Warranty to comply with directions from TDSL staff in relation to troubleshooting any issue and facilitating any repair or replacement under these Warranty Terms and Conditions.
2.3 The Customer is responsible to inspect all goods received from TDSL upon arrival. In instances where goods have been damaged in transit, the Customer must report this to TDSL within 3 days of receipt of the Product. Failure to report physical damage on arrival within 3 days of receipt may result in denial of warranty for physical damage.
2.4 TDSL reserves the right to replace the Product or relevant part with the same or equivalent Product or part, rather than repair it. Where a replacement is provided, TDSL will determine, at its own discretion, the equivalent be it as a result of part number supersession or otherwise. TDSL may replace parts with refurbished parts. Replacement of the Product or a part under the Warranty does not extend or restart the Warranty period.
2.5 If TDSL is unable to repair or replace the Product, the customer will be provided with a credit with TDSL or may be refunded the price of the Product (at TDSL’s election). This credit or refund will be for the amount of the purchase price of the Product plus the associated delivery cost.
2.6 In the event that a replacement, refund, or credit is provided as per clause 2.5, the faulty item will become the property of TDSL.
2.7 Where TDSL authorises warranty service to a Product, TDSL will cover the cost of transport of the serviced Product to and from the Customer. It is the customers responsibility to ensure that the Product is safely and securely packaged for safe transport and to provide TDSL the cost quoted by that customers local courier. TDSL at its discretion will use that courier or arrange an alternative courier.
2.8 The Product will be at the Customer’s risk while in transit to TDSL using the customer’s courier.
2.9 TDSL may seek reimbursement of any costs incurred by it where upon arrival and checking, the Product is found to be in good working order and/or faults are completely unrelated to services performed by TDSL, thereby negating a claim under warranty.
2.10 TDSL reserves reasonable discretion to determine whether any Product is or is not performing in accordance with specifications.
2.11 The Warranty is not transferrable and to be valid, claims must be made by the customer who ordered the Product or services from TDSL.
3.1 Legislation may imply warranties or conditions or impose obligations on TDSL, which cannot be excluded, restricted or modified.
3.2 To the full extent permitted by law, the Warranty will not apply in respect of a Product:
(a) If the Product has not been installed, operated, maintained or used in accordance with the original manufacturer’s instructions or specifications;
(b) If the factory-applied serial number has been altered or removed from the Product;
(c) If damage, malfunction or failure resulting from alterations, accident, misuse, abuse, fire, liquid spillage, incorrect fuel, water ingress, mis-adjustment of customer controls, force majeure, tampering or unauthorised repairs by any persons, use of defective or incompatible accessories, the operation of a computer virus of any kind, exposure to abnormally corrosive conditions or entry by any insect, vermin or foreign object in the Product;
(d) To damage arising during transportation, installation or while moving the Product, or to any transportation costs of the Product or any parts thereof to and from the Customer, unless otherwise specified in these Warranty Terms and Conditions;
(e) To any third-party components not contained in the Product as originally configured by the manufacturer;
(f) To any failure, to the extent that the failure is not a failure of the Product to perform in accordance with its specifications;
(g) To service of any product whilst it is outside of New Zealand.
3.3 To the full extent permitted by law:
(a) TDSL will not be liable for any loss or damage to third party property no matter how occurring; or for any loss or damage arising from loss of use, loss of profits or revenue, or for any resulting indirect or consequential loss or damage.
(b) TDSL’s aggregate liability in respect of all claims under the Warranty shall not exceed the original purchase price of the Product or service to the Product or, at TDSL’s option, the replacement of the Product with a like or similar Product.
(c) TDSL excludes all other warranties, conditions, terms, representations and undertakings whether express or implied.