NAME OF THE OFFER
POWERGUARD CONNECTED EQUIPMENT AND LIFETIME PRODUCT WARRANTY TERMS AND CONDITIONS (REV V1.0 JUNE 2023) ("Offer")
Cellnet Group Limited (ACN: 010 721 749) trading as POWERGUARD ("POWERGUARD")
Tenancy E1/5 Grevillea Place Brisbane Airport QLD 4008
Offer Period, Place & Outlet Coverage
- The Offer shall commence from your POWERGUARD Product (as defined in Section 3) purchase date as stated on a valid POWERGUARD invoice submitted.
- The Offer is valid in Australia and New Zealand only and will be available on purchases of POWERGUARD products from approved resellers of POWERGUARD products only.
- Purchases of second-hand POWERGUARD products made on Gumtree, Facebook Marketplace, eBay, online marketplaces and other 2nd hand reselling websites are not covered by this Offer. Approved resellers of product only.
- POWERGUARD reserves the sole right to reject claims and annul the product at its own discretion.
- The Offer shall be applicable on the following POWERGUARD products as follows ("Products"):
|Stock Keeping Unit ("SKU")
|Connected Equipment Warranty
|Lifetime Product Warrant
|Charge Protector – 25W Single USB-C
|Charge Protector – 32W USB-C + USB-A
|Charge Protector – 40W Dual USB-C
|Charge Protector – 40W Dual USB-C + Surge Protect
|Charge Protector – 77W USB-C + USB-A
|Charge Protector – 2 Outlet + Phone AU
|Charge All 2 with USB-C
|Charge All 4 with USB-C
|Power Board 6 Outlet
|Power Board 8 Outlet
This list is subject to change as new POWERGUARD products are launched.
- The Connected Equipment Warranty is in addition to the Lifetime Product Warranty and both are subject to the limitations set forth herein. These terms and conditions do not affect any statutory rights or obligations under Schedule 2 to the Competition and Consumer Act 2010 (Cth) ("Australian Consumer Law") or the Consumer Guarantees Act 1993 (NZ) ("CGA"), discussed further below.
- You are required to retain the original receipt digital or physical or other proof of purchase for warranty purposes and submit the proof of purchase for any future claims under the Warranty. Failing to make a claim without an original receipt or other proof of purchase can potentially result in your claim being declined (at POWERGUARD’s sole discretion). Proof of purchase can be original receipts, photos or photocopies.
The POWERGUARD product must be used indoors only and in dry areas. The connected equipment must be properly installed in a correctly earthed AC outlet (directly plugged into the power source fitted for Australian and New Zealand outlets) and must NOT be ‘daisy-chained’ with extension cords or power strips. All items connected must be indoors.
- Any opening or tampering with the Product will similarly make the Warranty null and void.
- The Warranty does not apply if the Product that is submitted for replacement is discovered to meet any of the following conditions, in which case it will be returned to you, with the associated costs borne by you:
- The Product was not installed incorrectly on a properly grounded AC outlet;
- The Product was used in conjunction with other extension cords, power strips, adapters,
uninterruptible power supplies, surge protectors, other grounding wires or electrical connections;
- The Product has been tampered with or the assembly seal has been removed or damaged;
- The Product has been altered or modified by someone other than POWERGUARD;
- The Product has been subjected to abnormal physical or electrical stress, misuse, negligence or accident;
- The Product was supplied or licensed for beta, evaluation, testing or demonstration purposes, and you did not buy or license the Product; OR
- The warranty claim was made fraudulently or by misrepresentation.
- POWERGUARD will reject packages that have not been packed and dispatched as per the packing steps detailed during the claim process. Packages will either be rejected or returned to you at your cost.
- POWERGUARD reserves the right to deny a claim under the Warranty where POWERGUARD is satisfied (at its sole discretion) that there is evidence of improper use of the Product that is contrary to these eligibility criteria or to the ordinary use and purpose for which the Product is sold.
Subject to the eligibility criteria set out in Section 4 above:
- The Connected Equipment Warranty provides coverage for any damage caused to equipment connected through the Product, using a properly wired AC power line with a protected ground "Connected Equipment").
- For the purpose of the Connected Equipment Warranty, the damage must result from the failure of the Product to function as described in the applicable product documentation and must be caused by lightning, power transients, momentary voltage surges or spikes (lasting less than 1ms) (an "Occurrence"). To be eligible for coverage under the Connected Equipment Warranty, claims must be submitted within three (3) days from the date of the Occurrence.
- The Lifetime Product Warranty warrants that the Product shall be free of defects in design, material or workmanship and that POWERGUARD will repair or replace any unit found to be defective in design, material or workmanship.
- For the purpose of the Lifetime Products Warranty, POWERGUARD will cover a ‘damaged or destroyed Product’ only.
- The term ‘damaged or destroyed Product’ refers to a Product that has suffered damage from a power-related incident, such as lightning, ground surge, line over (under voltage), spike or transient while being connected to and operated on any authorised utility power provided by an appropriate power provider.
- POWERGUARD will support unlimited Product replacements to valid claims (at POWERGUARD's sole discretion).
- POWERGUARD will repair or replace the ‘damaged or destroyed Product’ with the same Product.
- POWERGUARD can only ship replacement Products under the Warranty to locations in the country where the original Product was purchased.
Redemption of Warranty
- POWERGUARD will support the Warranty if the claim form has been completed in full and the claim is made within three (3) days from the date of the product failure.
- You must initiate and follow the steps to complete your claim via on the POWERGUARD website located at powerguard.com.au via the designated ‘Contact us’ section.
- You can claim for the POWERGUARD Connected Equipment Warranty and Lifetime Product Warranty Program.
- POWERGUARD will pay to repair or replace the damaged Connected Equipment and Product, an amount equal to the fair market value of the Connected Equipment (at the time of the damage occurring), or the original purchase price of the Connected Equipment up to the maximum value per direct-connected and nominated item of equipment set out in Section 3, whichever is lesser.
- The Connected Equipment can be new or old, but it must be free from defect when connected to a POWERGUARD Product. The fair market value of the Connected Equipment shall be the current retail market depreciated value of equipment of the same or similar model or specification as reasonably determined by POWERGUARD at the same time it agrees to settle the claim.
- POWERGUARD reserves the right to view the damaged Product, the damaged Connected Equipment and the site where the damage occurred. All freight costs for shipping the Product and damaged Connected Equipment to and from POWERGUARD shall be borne by you.
- If it is impractical to ship the Product and damaged Connected Equipment to POWERGUARD, POWERGUARD may appoint, in its sole discretion, an authorised repairer or electrical test lab (claims assessor) to estimate the cost to repair the Connected Equipment. The cost, if any, of shipping to this facility shall be borne solely by you.
- All damaged Connected Equipment must remain available for inspection until the claim is finalised. Whenever claims are settled, POWERGUARD reserves the right to be subrogated under any existing insurance policies you may have.
- The Warranty excludes damage to software or software applications, loss of data and consequential loss of any type other than damage to or loss of hardware.
- The protective device must show physical signs of power-related damage in keeping with let-through voltage damage to the Connected Equipment and must test as having been stressed performing outside its design specifications.
Verification of the Claim
- Claims made towards the Warranty will require the following information:
- Your full name;
- The Product SKU or name;
- A detailed description of the issue;
- Your physical address (no PO boxes);
- Proof of your original purchase – to be uploaded as an attachment via the Claims Form; AND
- Your case number if you have spoken with us previously.
- All information submitted by you will be conditionally approved pending further investigation by a POWERGUARD representative and our database when a claim is submitted for review. At this point, the information surrounding your case will be scrutinised to validate the claim submitted.
- You must provide photographic evidence of an original receipt or proof of purchase to ensure a valid purchase of POWERGUARD Products.
- In the event any documents or invoice are found in POWERGUARD'S reasonable opinion to be false/fabricated or the original invoice is lost/printed/torn to the point that it is unable to be recognised or understood, you are obligated to provide a legible version so the claim process can continue. Pending claims awaiting legible versions will remain open for one month until you provide this information.
- Identified or suspected fraudulent activity will be reported to relevant authorities and/or POWERGUARD's contracted agents for further investigation and communications between POWERGUARD and the party associated to the perceived fraudulent claim will subsequently cease immediately.
- If further information is required, a POWERGUARD representative will contact you via the email address provided to gather outstanding information to close off the claim or registration.
- POWERGUARD will hold historic customer data procured in the product registration process for up to two (2) years before responsibly purging it from its databases/systems.
- You do not have to provide POWERGUARD with any personal information. It is solely at your discretion whether you purchase POWERGUARD products or services or receive communications. If you choose not to provide personal information necessary to the completion of the registration or claim process, POWERGUARD will be unable to provide the service offered and may decline to deal with you altogether.
- You can request to access to procured personal information by contacting our Privacy Officer. We will provide you with access once you have proved your identity. If your request is unusual or onerous, you may be required to pay us a fee before we provide you access to your personal information. If your personal information is incorrect or you wish us to delete it, contact our Privacy Officer (firstname.lastname@example.org) to update or delete it. Upon this occurring we will be unable to provide the service originally offered and may decline to deal with you altogether.
- You agree that POWERGUARD shall not be liable in any way for any personal or business claims, costs, injuries, losses or damages of any kind arising out of or in connection with the product or service offered.
- POWERGUARD reserves the right to substitute POWERGUARD product offering(s) with other gift(s) of equivalent value under this Offer at its sole discretion without giving any reasons.
- POWERGUARD holds no liability or responsibility for lost inbound or outbound product shipments.
POWERGUARD will make every reasonable effort to follow up and investigate lost outbound shipments with couriers.
- POWERGUARD will make every reasonable effort to process and turn around approved and received Product replacements within fourteen (14) days.
- Additionally, any reimbursement to you for a valid and approved claim will be diligently processed within forty-five (45) days from the date of the repair invoice provided by you, as far as is reasonably practicable.
- POWERGUARD shall not be liable for any unforeseen delays caused by disruptions, losses, damages, computer-related malfunctions or general failures which affect your participation in the claim process.
- Failure by POWERGUARD to enforce any of its rights at any stage does not constitute a waiver of those rights.
- POWERGUARD complies with the Australian Privacy Principles (“APPs”) which regulate how it collects, uses, discloses, stores and protects your personal information.
- In the event of any conflict or inconsistency regarding any instructions, rules or conditions on any advertising or promotional material relating to the Warranty, the terms of this Offer shall prevail over all such other instructions, rules or conditions.
- The benefits provided in this Warranty are in addition to any rights and remedies that you may have under Schedule 2 to (if you are in Australia) the Competition and Consumer Act 2010 (Cth) ("Australian Consumer Law") or (if you are in New Zealand) the Consumer Guarantees Act 1993 (NZ) ("CGA"), and any other relevant consumer protection laws in Australia and New Zealand ("ANZ Consumer Laws").
- Your rights under the ANZ Consumer Laws depend on the country where you made the purchase.
- In Australia, 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.
- In New Zealand, our goods are covered by guarantees that cannot be excluded under the CGA. This manufacturer's warranty does not intend to alter or exclude any rights granted by the CGA that cannot be lawfully changed or excluded. It also does not limit or exclude any rights you may have against the seller of the POWERGUARD product if they have breached the sales contract with you.
- The general exclusions and liability limitations outlined in this document do not affect any rights you may have under any part of the ANZ Consumer Laws.
- Other than as expressly provided under this warranty and subject to the provisions of the ANZ Consumer Laws, to the full extent permitted by law, POWERGUARD:
- excludes all other conditions, guarantees, rights, remedies, liabilities, representations, warranties and other implied or express terms, conferred by statute, custom or the general law, that impose any liability or obligation on POWERGUARD, including but not limited to any implied warranties of non-infringement, loss of or damage to devices, data, security, performance, that the functions contained in the Product will meet your requirements, or that defects in the Product will be corrected, or that your use of the Product will generate reliable results;
- excludes all liability for the loss of, or damage to, devices and data caused by use of a POWERGUARD product, or its repair;
- excludes any liability it may have to you for:
- loss of income, revenue or profit;
- loss or damage to any third-party devices, products, software or services other than what is described above for this warranty, and
- any indirect, consequential, special, incidental or punitive loss or damages (including but not limited to loss of use, loss of data, business interruption or cost or procuring substitute services or products), which arises under any law (including the law of negligence) and
relates to your use, or inability to use a POWERGUARD product, or any related services,
- even if POWERGUARD has been advised of the possibility of such damages and even if any warranty or remedy provided under this manufacturer’s warranty fails of its essential purpose; AND
- limits its monetary liability to you, under any law, to the price that you paid for the POWERGUARD Product (as applicable).
- References above to ‘indirect, consequential, special or incidental losses’ shall mean any losses, which:
- were not reasonably foreseeable by both parties; and/or
- were known to you but not to POWERGUARD; and/or
- were reasonably foreseeable by both parties but could have been reasonably prevented by you.
- Decisions of POWERGUARD in relation to the Offer, the Product, the Warranty and matters incidental thereto shall be final and binding on you. The terms of this Offer and all disputes relating to the Product and the Warranty shall be governed by the laws of the country in which you purchased the Product and the courts located in that country shall have the exclusive jurisdiction in respect of all the subject matter with relation to the same.