PRODUCT AND SERVICES WARRANTY

(Copyright 2021 Lightning Down Under Pty Ltd)

LDU Group Pty Ltd

Lightning Down Under Pty Ltd

LDU Consultants Pty Ltd

Collectively known as "The Company"

All products produced or repaired by the company except for, consumables contained therein or thereon including in the case of electrical components, illumination sources, items made wholly or partly of glass or ceramic material, electrical elements, transformer windings and cooling solutions, electric motor windings, printed circuit boards and parts there of, reconditioned replacement parts, batteries (hereafter referred to as the product), are guaranteed to be free from defects in material for a period of One (1) year for Direct Strike Lightning Protection Systems (which can be extended to 10 years by contracting the company to conduct annual preventative maintenance) and Ten (10) years for surge protection product up to and including Gatekeeper 63A surge filters, from the date of acceptance by the customer. Any product the company is a manufacturer’s distributor for or resells carries the same term and conditions as issued by the manufacturer.

This guarantee or any other implied warranty or condition whatsoever incorporated doesn’t and shall not cover:

1. Any damage caused to the equipment as a result of a lightning strike or overvoltage due to the failure of the equipment for whatever reason.
2. The repair of any fault in the product or the replacement of any part thereof where such repair or replacement has resulted from negligence or malpractice of the customer, its servants, agents, employees or any other third parties or persons.
3. Any consequential loss or damage suffered by the customer arising from any defect in design, materials or workmanship of the product, including any damage or cost due to loss of operation or lost profit or any other direct or indirect cost or damages.
4. The cost of freight or insurance to or from the company’s workshop and unless otherwise agreed to by the Company in writing prior to shipment, the customer shall return the product freight prepaid.
5. The repair or replacement of any product where the product has been altered or modified by the purchaser, or where the Customer has not installed the product, in strict accordance with the initial specifications upon which the Company’s quotation for the product was based.
6. Natural Corrosion of metal materials caused by atmospheric conditions.

The above guarantee is additional to rights which arise for the sale of industrial and technical products and services to knowledgeable buyers under the Australian Trade Practices Act 1974 as amended.  However, to the extent that the Trade Practices Act permits a company to limit its liability to a breach of a condition or warranty implied by the said Act, the company’s liability for such breach of a condition or warranty shall be limited to:

• The replacement of the product.
• The repair of the product.
• The payment of the cost of having the product repaired.
• In the case of a service:
  • The supply of the service again.
  • The payment of having the service repeated.

The purchaser agrees that since atmospheric lightning discharge is a natural and unpredictable process and subject to the laws of nature, under these conditions a guarantee cannot be given with respect to the operation of our equipment such as surge or transient protection products.  Total protection is not offered i.e. 100% protection cannot be guaranteed.  Component parts of our products may be sacrificial when exposed to the effect of lightning and also voltage surges and transients.  Unless otherwise agreed in writing, such parts are therefore not covered by any warranty.

Reports: Any reports issued by the company are issued for the express use of the company or any of its authorised agents or sub-contractors only and shall remain the property of the company.  No responsibility or liability will be borne by the company should any other person or party utilise the report without express written authorisation from the company to the person or party.

Once the customer has placed their purchase order on the company, it is deemed by the company that the customer has read, understood and accepted these General Conditions of Quotation and Sale.

Preventative Maintenance: On Lightning Protection systems installed or not installed by the company, the company may offer an extended warranty. This only applies to direct strike systems or filters above 63A. For the warranty to remain in effect the system or filter must be inspected and re-certified every 12 months by a representative authorised by the company. Inspections conducted by any other persons or company will not be considered as an authorized inspection. Any works, replacement parts or service conducted on the system or filter by unauthorized personnel will void the warranty.