Warranty Statement

River Medical Pty Ltd – Warranty Statement

1. Definitions
In this Warranty Statement, unless the context otherwise requires:
1.1 “Company” means River Medical Pty Ltd (ABN [insert ABN]).
1.2 “Customer” means the purchaser of the Equipment.
1.3 “Equipment” means the medical equipment supplied by the Company as set out in the relevant invoice, purchase order, or supply agreement.
1.4 “Warranty Period” means the period of warranty coverage as expressly agreed in writing between the Company and the Customer, taking into account the age, condition, and nature of the Equipment.
1.5 “Consumables” means disposable, single-use, or limited-life items, including but not limited to filters, sensors, sterile components, tubing, batteries, bulbs, seals, and any item subject to regular servicing or expiry.

2. Acceptance of Terms
2.1 Execution of the sale by way of payment of the purchase price by the Customer shall be deemed to constitute full and binding acceptance of this Warranty Statement.
2.2 No agent, distributor, or reseller has authority to vary these terms unless expressly approved in writing by an authorised officer of the Company.

3. Australian Consumer Law Statement
3.1 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 for 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.

4. Scope of Warranty
4.1 Subject to the terms of this Warranty Statement, the Company warrants that during the Warranty Period the Equipment will be free from defects in material and workmanship under normal use.
4.2 This warranty covers:
a. Replacement or repair of defective parts (excluding Consumables); and
b. Labour reasonably required to carry out such repairs or replacement.

5. Exclusions
5.1 This warranty does not extend to:
a. Consumables or parts with inherent expiry dates;
b. Normal wear and tear;
c. Defects caused by improper installation, commissioning, or training where these services are not performed by or on behalf of the Company;
d. Defects caused by unauthorised servicing, repair, or modification;
e. Defects caused by environmental or operating conditions outside the manufacturer’s specifications, including but not limited to dust, humidity, liquid ingress, electrical surges, or inadequate power supply;
f. Software or firmware faults, errors, or updates.

6. Warranty Claims Procedure
6.1 To make a claim, the Customer must notify the Company in writing within 14 days of becoming aware of the defect and provide:
a. Proof of purchase;
b. A detailed description of the defect; and
c. Access to the Equipment for inspection.
6.2 The Company may require return of the Equipment or defective part for inspection before approving any remedy.
6.3 Return freight, insurance, and associated logistics shall be at the Customer’s cost unless otherwise required by law.
6.4 Where no fault is found, the Company reserves the right to charge a reasonable inspection and handling fee.

7. Remedies
7.1 Following a valid warranty claim, the Company may, at its sole discretion:
a. Repair the Equipment;
b. Replace the Equipment with the same or equivalent model; or
c. Refund the purchase price paid, where repair or replacement is deemed uneconomical.
7.2 The Company’s determination of the appropriate remedy shall be final and binding.
7.3 Any refund will not exceed the original purchase price of the Equipment.

8. Limitation of Liability
8.1 To the fullest extent permitted by law, the Company’s liability in respect of the Equipment is limited to the remedies set out in clause 7.
8.2 In no circumstances will the Company be liable for:
a. Any indirect, incidental, special, or consequential loss or damage, however described;
b. Any loss of profit, revenue, business opportunity, goodwill, or anticipated savings; or
c. Costs associated with transportation, removal, re-installation, downtime, or training, except where required under the Australian Consumer Law.
8.3 The Company’s maximum aggregate liability under this Warranty, whether arising in contract, tort (including negligence), or otherwise, is capped at the purchase price paid by the Customer for the Equipment.

9. Governing Law
9.1 This Warranty Statement is governed by the laws of New South Wales, Australia.
9.2 The parties submit to the non-exclusive jurisdiction of the courts of New South Wales (Sydney Registry) and of the Commonwealth of Australia.
9.3 The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

10. Entire Agreement
10.1 This Warranty Statement constitutes the entire agreement in relation to the warranty provided by the Company.
10.2 This Warranty Statement operates subject to the Company’s Terms of Sale, which prevail in the event of inconsistency.
10.3 No amendment or variation will be effective unless in writing and signed by an authorised officer of the Company.