PART 1 GENERAL TERMS AND CONDITIONS
The Australian Competition and Consumer Act (2010) (including the Australian Consumer Law) and the New Zealand Consumer Guarantees Act (1993) as well as other laws in each of those jurisdictions guarantee certain conditions, warranties and undertakings, and give you other legal rights, in relation to the quality and fitness for purpose of Samsung consumer products sold in Australia and New Zealand respectively.
For products sold in New Zealand, these guarantees cannot be modified nor excluded by any contract, except in those circumstances contemplated by section 43(2) of the New Zealand Consumer Guarantees Act.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. What constitutes a major failure is set out in the Australian Consumer Law.
Nothing in this Warranty purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act the New Zealand Consumer Guarantees Act and other laws. This Warranty gives you additional protection for your Samsung consumer product, and identifies a preferred approach to resolving warranty claims which will be quickest and simplest for all parties, subject to the exclusions, terms and conditions below.
I. Coverage and Application
- Samsung Electronics Australia Pty Ltd of 8 Parkview Drive Homebush Bay NSW 2127 ("Samsung") warrants that your Samsung consumer product:
- is of acceptable quality;
- does not have a latent defect.
- For the purpose of this Warranty, a "Samsung consumer product" is a hardware product which:
but does not include any hardware or software which is packaged or sold with a Samsung consumer product unless that is itself a Samsung consumer product.
- was manufactured by or on behalf of Samsung; and
- is used in a normal domestic environment, not a commercial environment and
- bears a trade mark owned or used by Samsung (generally "SAMSUNG"); and
- was sold by an Authorised Reseller or Distributor of Samsung; and
- was purchased either in Australia or New Zealand,
II. Warranty Period
The period during which this Warranty is in effect will depend upon the Samsung consumer product to which it relates. In all cases the commencement date for the period is the actual day of purchase, as reflected on the Authorised Reseller's or Distributor’s invoice / receipt provided to you. The period during which each Samsung consumer product which is the subject of this Warranty is covered by this Warranty is identified in Part II of this Warranty.
III. Warranty Claim
If you consider that the Samsung consumer product which you have purchased is not of acceptable quality, has a latent defect, or is otherwise not compliant with the conditions, warranties, undertakings, and legal rights given to you under Australian Law or New Zealand Law (for example, it appears faulty, or does not work at all or properly), you can make a claim under this Warranty.
Except where an International Product Warranty has been provided with your Samsung consumer product, warranty service will only be provided in the specific country where the Samsung consumer product was originally purchased. For example, if you have purchased the Samsung consumer product within Australia, warranty service will be limited to Australia only. If you have purchased the Samsung product within New Zealand, warranty service will be limited to New Zealand only.
If you purchased this product in Australia and wish to make a claim under this Warranty, you should:
- contact 1300 362 603;
- visit the nearest Samsung Customer Service Plaza; or
- visit www.samsung.com/au.
If you purchased this product in New Zealand and wish to make a claim under this Warranty, you should:
- contact 0800 SAMSUNG(726786);
- visit the nearest Samsung Customer Service Plaza; or
- visit www.samsung.com/nz
PRODUCT ONLINE REGISTRATION
You can register your product online at www.samsung.com/au for customers in Australia and www.samsung.com/nz for customers in New Zealand. While registration is not necessary to make a claim under this Warranty, it may assist Samsung to process any claim which you may make more quickly.
When you make any claim under this Warranty it is essential that you provide a copy of your proof of purchase of the Samsung consumer product, whether in person, by email or by fax. A claim under this Warranty is not formally made unless and until that proof of purchase is provided. This does not detract from your statutory rights.
You will not be able to gain the benefit of this Warranty without making a claim.
If, following receipt of a claim under this Warranty, Samsung or its agent determine that your claim in respect of a Samsung consumer product is valid (having regard to the terms of Part II of this Warranty), and:
- if the goods can be repaired and the failure to comply with the warranty is not a major failure or a failure of substantial character, Samsung or its agent will either repair the Samsung consumer product or, if authorised by Samsung, pay you for the cost of a repair of the Samsung consumer product, or replace the Samsung consumer product with the same or similar product or refund you the cost of a replacement, in each case depending upon what is reasonable in the circumstances and at no cost to you. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods; or
- if the goods cannot be repaired or the failure to comply with the warranty is a major failure or a failure of substantial character, you may reject the goods or require Samsung to pay you compensation for any reduction in the value of the goods below the price paid or payable by you for the goods.
Samsung's preferred approach to resolving claims under this Warranty is set out by product in the tables in Part II of this Warranty, although each claim is assessed on its own merits. If Samsung provides you with either a replacement or refund, you immediately transfer ownership in the original Samsung consumer product to Samsung. Any such resolution by Samsung of a claim under this Warranty by you does not otherwise detract from any other statutory rights which you might have in the circumstances, including your right to monetary compensation for a valid claim.
If, following receipt of a claim under this Warranty, Samsung or its agent determine that your claim in respect of a Samsung consumer product is invalid, Samsung may charge you for any labour, parts or transport costs incurred by Samsung or its agent in assessing your claim.
IV. Warranty Transferability
This Warranty is transferable to a subsequent owner of a Samsung consumer product, in the event of the sale of that product, provided that Samsung is informed in writing within a reasonable time of the sale of the subsequent owner's name and contact details, such notice to be provided to Samsung as follows:
The notice should identify the name of the previous owner of the Samsung consumer product, place and date of purchase, model, make and serial number of the product. The effective transfer of this Warranty does not otherwise alter the terms of this Warranty in any way.
In cases of authorised product replacement of the original purchased Samsung consumer product, the replacement Samsung consumer product will be subject to its own Samsung Consumer Products Warranty then in force at the time of the replacement (which may or may not be on the same terms as this Warranty).
V. Carry-In and On-Site repairs
If you wish to make a claim in relation to a Samsung consumer product which you can reasonably transport to the nearest Samsung Customer Service Plaza or to an authorised repair service centre (as directed when you first make the claim under this Warranty), please bring, or send, that Samsung consumer product to that nearest Plaza or authorised service centre for assessment. Such Samsung consumer products do not include those products dealt with in sub-paragraph (B). Samsung will organise the transport of a Samsung Consumer Product under this sub-paragraph, the cost of which will be borne by Samsung if your claim is determined to be valid pursuant to Part I of this Warranty. Whenever possible, the product should be returned in its original carton and packing or alternatively in packing suitable to prevent damage to the product. Samsung will not accept responsibility for damage to the product during this transport caused by unsuitable or inadequate packing.
If you make a claim under this Warranty in relation to a Samsung consumer product of the type referred to in sub-paragraph (C), Samsung or its agent will send Authorised Samsung Service Personnel to the place where that Samsung consumer product is located to assess the warranty claim and, if necessary repair, the product on-site, at Samsung's cost.
On-site service is limited to Samsung-branded air conditioners.
If this Samsung consumer product is located in a place which is greater than 50 kilometres (by road) from the nearest Samsung Customer Service Plaza or authorised repair service outlet, Samsung will liaise with you to determine the best way in which to inspect and, if necessary, repair the product the subject of the claim under this Warranty.
With any on-site visit, while Samsung will make all efforts to fix the Samsung consumer product on-site, there may be instances when the product must be taken back to a Samsung Customer Service Plaza or to an authorised repair service centre for further testing. In these circumstances, you agree to let any designated Authorised Samsung Service Personnel pick up and take the product for further testing, at the cost of Samsung.
VI. Warranty Exclusions
This section identifies what is excluded under this Warranty.
For the avoidance of any doubt, any and all warranties or conditions which are not guaranteed under the Australian Competition and Consumer Act, the Australian Competition and Consumer Regulations 2010, or the New Zealand Consumer Guarantees Act (as applicable) and which are not expressly included in this Warranty as additional warranties or conditions are excluded.
This Warranty does not extend to loss caused by normal wear and tear, fire, water (liquid spillage or ingression), theft, vermin or insect infestation (including without limitation geckos, ants, spiders and frogs).
- This Warranty does not cover damage caused by:
- misuse or abusive use of the Samsung consumer product;
- incorrect operation or not following the operation instructions (as stated in the Product Operation Manual or manufacturer's instructions provided with the Samsung consumer product);
- improper installation or incorrect application
- incorrect or improper maintenance or failure to maintain the Samsung consumer product (including without limitation Annual Service and Cleaning of filters);
- failure to clean or improper cleaning of the product;
- incorrect voltage or non-authorised electrical connections;
- adverse external conditions such as power surges and dips, thunderstorm activity, acts of God, acts of terrorism, damage caused by vermin, or any other act or circumstance beyond Samsung's control;
- exposure to excessive heat, moisture or dampness;
- exposure to abnormally corrosive conditions;
- rust or normal weathering or corrosive environmental conditions (including without limitation salt spray, sand and dust);
- use of non authorised/non-standard, defective or incompatible parts;
- repair, modification or other work carried out on the Samsung consumer product other than by Authorised Samsung Service Personnel.
- Use of faulty/leaking batteries.
- This Warranty does not cover Samsung consumer products purchased in an auction.
- If the Samsung consumer product you are using has been rented or leased by you, and you consider a claim might be made under this Warranty, you should refer the matter to the rental or leasing company immediately and they will handle the matter.
- This Warranty does not cover service costs in replacing and maintaining consumable parts which have ceased working through normal wear and tear such as, but not limited to: filters and other parts classifiable as a consumable part.
- This Warranty does not cover any Samsung-branded air conditioning units, which have been installed in a movable dwelling such as a caravans (travel trailer) or house boat. These Samsung consumer products are not designed to be used in such moveable dwellings and their performance may be affected in such contexts.
- This Warranty does not cover any Samsung-branded air conditioning unit which is installed, removed or re-installed (other than by Authorised Samsung Service Personnel) at a location other than the original location at which the unit was first installed during the period of this Warranty.
- This warranty does not cover any Samsung-branded air conditioning unit where the primary use is not climatic human comfort (including without limitation a computer server room).
- This Warranty does not cover Samsung consumer products which, at the time you consider a claim might be made under this Warranty, do not bear the original manufacturer’s factory-applied serial number in its original form (for instance where it or the sticker bearing it has been removed, wiped out, rubbed off, or altered).
- If, after we have inspected the Samsung consumer product, we are of the opinion that the product or alleged defect is not covered by this Warranty and the consumer guarantees for whatever reason, you will be liable for any labour, parts or transport costs incurred by the Authorised Samsung Service Personnel or Authorised Samsung Service Centre.
- A Samsung-branded air conditioning unit installed in an area which is not easily accessible (including without limitation roofs or above ground level) may require additional costs for labour and access equipment. Such costs are to be borne by you should service or maintenance be required.
- In order to comply with Australian electrical regulations, electrical connections for all permanently wired air conditioners must be completed by a qualified electrician or other suitably qualified and licensed person and provided with an electrical code of compliance where installation is subject to a building consent.
New Zealand only exclusion
If you purchased the Samsung consumer product in New Zealand for the purposes of a business, it is hereby agreed that the provisions of the Consumer Guarantees Act 1993 do not apply in accordance with section 43(2) of the Act.
PART II PRODUCT WARRANTY PERIODS AND SPECIAL CONDITIONS
I. Parts (Options) and Accessories Warranty
- This part of the Warranty identifies Samsung's preferred approach to resolving warranty claims in relation to parts and accessories.
- The table below this sub-paragraph identifies the periods under which a claim may be made under this Warranty for replacement of a part or accessory. However, you may also have statutory rights outside of these periods. The parts and accessories are divided into those which are supplied within the box of the Samsung consumer product for which they are to be used (In-Box), and those which are supplied separately from a Samsung consumer product for use with it (Out-Box).
- All remote controls purchased with the Samsung consumer product are covered under this Warranty for the same period as the Samsung consumer product purchased.
- All other Samsung parts and accessories (including batteries) purchased together with the Samsung consumer product are covered under this Warranty for a period of 6 months. Generally Samsung will replace the defective part or accessory which is the subject of the claim during this 6 month period.
- You will only be able to make a claim under this Warranty for lost or missing Samsung parts and accessories if, with your claim, you are able to provide satisfactory evidence that the relevant item was missing from the box or other storage or packaging material originally supplied by Samsung.
- Parts and accessories purchased from Authorised Samsung Resellers and Distributors are generally covered under this Warranty from a 3 month to 1 year warranty period. Please refer to the specific period below.
|Other Parts, Accessories
- 1 year
- 1 year
II. PARTS AND LABOUR WARRANTY
Unless specified, this Warranty covers corresponding costs for parts and labour which may be required to repair the Samsung consumer product, part or accessory if Samsung or its agent repair the item under this Warranty.
III. WARRANTY BY PRODUCT TABLE
The table below in this sub-paragraph summarises Samsung's preferred approach to resolving claims under this Warranty, although each claim is assessed on its own merits. Please refer to Part I, paragraph (III)(F) for the range of Samsung's responses to a claim under this Warranty in accordance with the table below. In some instances the appropriate response to the claim will differ from the approach noted below.
||Special Warranty Conditions
|Air Conditioner (All Types)
- Excludes costs for labour and access equipment where
Samsung-branded air conditioning unit is installed
in an area which is not easily accessible
(including without limitation roofs or above ground level).
- For the Climatic Comfort of Humans Only