GEMINI INDUSTRIES PTY LTD: WARRANTY

This product Warranty is provided by:
Gemini Industries Pty Ltd (ABN: 87 079 297 617)
PO Box 728 Botany, Sydney. NSW. Australia. 1455.

PH: 1300 717 717 (business hours)
FX: 1300 746 480
Email: warranty@gemini-industries.net

Product Warranty

The benefits given by the warranty set out in this document are in addition to any other rights and remedies you may have under a law in relation to the goods to which the warranty relates.

Our goods come with guarantees that cannot be excluded under 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.

Vitreous-china, Taps, and enamelled-steel Baths, sold by Gemini Industries Pty Ltd under the brand names Cotto, Gemini, Imex, Johnson Suisse, & Serel are guaranteed against defects which appear within a period of 5 years from date of purchase subject to the conditions below.

Bathroom Accessories, Grab Rails, Plastic Cisterns, In-Wall Cisterns, Vanity Cabinets, Toilet Seats, Cistern Valves, Sealing Washers & all Fixing Hardware sold by Gemini Industries Pty Ltd under the brand names Cotto, Gemini, Imex, Johnson Suisse, R&T, & Serel all are guaranteed against defects which appear within a period of 1 year from date of purchase subject to the conditions below.

This warranty applies from date of purchase, not from date of installation.

Warranty Claims

To make a claim under this warranty you must contact either the Merchant from which the goods were purchased, or Gemini Industries directly by telephone, fax or email as set out above, with details of the product fault. You will need to produce proof of purchase of the goods including the date of purchase. Gemini will then contact you within 7 days of first being advised of the claim by you or by the merchant (as the case may be) and depending on the circumstances arrange to either (a) replace the goods (b) repair the goods (c) replace and install new goods (d) request more information (e) reject the claim.

Where the goods claimed have not been installed, you must return the goods at your expense to either their point of purchase, or your nearest Gemini distribution centre for evaluation. If the claim is then accepted, Gemini will refund the freight cost to you when you give Gemini proof of payment of the freight cost and the amount paid.

Where the goods claimed have already been installed, Gemini will arrange for a site-call by a Gemini representative who will evaluate the claim. This person will then either (a) agree to replace the goods (b) agree to repair the goods (c) agree to replace and install new goods (d) request more information (e) reject the claim. Note: where the claim is for a 'visible fault' that should have been detected at installation, Gemini will only replace the goods - with removal & re-installation being at your cost.

Water Damage

Some claims may include a claim for rectification of water damage to surrounding areas as a result of leaking from a product. Such claims will require a site-call by a Gemini representative who will evaluate the claim. A further inspection by an insurance representative may also be required before a claim can be determined.

Site Calls

Where Gemini has arranged a site-call, and a claim is rejected following inspection (often in the case of unlicensed or incorrect installation), the consumer will be charged a call-out fee of $85, payable to Gemini.

Warranty Conditions

Note: Gemini will not accept some claims against this Warranty where the following conditions are found to exist:

• Plumbing installations have not been carried out by a licensed plumber, and/or are not in accordance with the Plumbing Code of Australia.
• The goods have been installed by a licensed Plumber but not correctly installed.
• The goods have been installed correctly by a licensed Plumber, however subsequent repairs, modifications and/or adjustments to the goods after installation have not been carried out by a licensed plumber.
• Claims against faulty cistern valves, and seals will be rejected where after-market sanitising additives have been introduced into the toilet cistern tank, rather than to the toilet bowl.
• Claims for visual defects to product surfaces may be rejected where harsh cleaning or scouring products have been used (rather than a mild household detergent and soft (non-abrasive) cloths).
• Claims against vitreous china product faulty dimensions or glazing imperfections (that are permitted within AS1976 - Vitreous China used in Sanitary Applications). It is permitted that vitreous china products will vary up to +/- 3mm on any surface and be acceptable products due to the unique conditions of the product's manufacturing process.
• Claims where proof of purchase is not provided by you.

Warranty Limitations

To the extent permitted under the Australian Consumer Law, and other relevant legislation, Gemini's liability is limited in the following circumstances:

• Gemini is not responsible for any lack of operation or performance of goods (or any loss or damage) where the goods have been subject to misuse, negligence, accident or are used or adapted for a purpose for which they were not designed.
• Gemini is not responsible for any lack of operation or performance of goods (or any loss or damage) where goods are combined or integrated with other goods not supplied by Gemini.
• It is the responsibility of you and installer before installation to ensure the goods are correct and free of obvious visible faults.
• Gemini is not responsible for the labour and rectification costs incurred in the above circumstance.

Except as expressly stated, and to the extent permitted by law, this warranty does not include any right to be reimbursed or compensated for physical or financial injury, loss, damage, expense, time or inconvenience (whether direct or indirect) or special or consequential losses arising out of the occurrence of a defect in the parts or products or caused by use or installation of the products or damages caused by acts of nature.