PARTS AND ASSEMBLED COMPONENTS

FIRMUS Group, or any of its subsidiaries, warrants that all brand new parts and assembled components sold by it are to be free from defects in material and workmanship. This warranty does not apply to:

  • Parts and assembled components installed by anyone other than FIRMUS Group.
  • Third party brand On-highway parts and assembled components sold by FIRMUS Group.
  • Hydraulic Hose and fittings.

These products are covered by the manufacturers’ warranties.

This warranty is subject to the following:

WARRANTY PERIOD

For all parts and assembled components, except third party branded products, covered by this warranty, period is 90 days starting from the date of sale to the first user.

FIRMUS GROUP RESPONSIBILITIES

If a defect in material or workmanship is found during the warranty period, FIRMUS Group will, during normal working hours and at the place of business of FIRMUS Group or other source approved by FIRMUS Group:

  • Provide new or assembled components or repair needed to correct the defect.

Note: New parts or assembled components provided under the terms of this warranty are warranted for the remainder of the warranty period applicable to the parts or assembled components being replaced as if such parts or assembled components were the original parts or assembled components. Items replaced under this warranty become the property of FIRMUS Group.

  • For all products covered by this warranty; provide reasonable and customary repair labour needed to correct the defect if the product is found to be defective provided it was originally installed by FIRMUS Group and its replacement is reinstalled by FIRMUS Group or another source approved by FIRMUS Group.

USER RESPONSIBILITIES

The user is responsible for:

  • Providing proof of sale date to the first user.
  • Providing proof of date of installation.
  • Labour costs, except as stated in “FIRMUS Group Responsibilities”.
  • Transportation costs.
  • Premium or overtime labour costs.
  • Parts shipping charges in excess of those that are usual and customary.
  • Local taxes, if applicable.
  • Costs to investigate complaints.
  • Giving timely notice of a warrantable failure and promptly making the product available for repair or replacement.
  • Performance of the required maintenance (including use of proper fuel, oil, lubricants and coolant) and replacement of items due to normal wear and tear.

LIMITATION OF FIRMUS GROUP RESPONSIBILITIES

FIRMUS Group is not responsible for:

  • Failures resulting from any use or installation that FIRMUS Group judges improper.
  • Failures resulting from attachments, accessory items and parts not sold by FIRMUS Group.
  • Failures resulting from abuse, neglect, and/or improper storage or repair, including installation or parts and assembled components in contaminated systems.
  • Failures resulting from user’s delay in making the product available after being notified of a potential product problem.
  • Failures resulting from unauthorised repair or adjustments and unauthorised fuel-setting changes.

Claims under this warranty should be submitted to FIRMUS Group.

FIRMUS Group’s obligations under this Warranty are subject to, and shall not apply in contravention of the laws, rules, regulation, directives, ordinances, orders, or statutes of Australian Laws.

THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

FIRMUS GROUP IS NOT RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

FIRMUS GROUP EXCLUDES ALL LIABILITY FOR OR ARISING FROM ANY NEGLIGENCE ON ITS PART OR ON THE PART OF ANY OF ITS EMPLOYEES, AGENTS, OR REPRESENTATIVES IN RESPECT OF THE MANUFACTURE OR SUPPLY OF GOODS OR THE PROVISION OF SERVICES RELATING TO THE GOODS.

NEITHER THIS WARRANTY NOR ANY OTHER CONDITION OR WARRANTY BY FIRMUS GROUP, EXPRESS OR IMPLIED (SUBJECT ONLY TO THE MANDATORY RIGHTS), IS APPLICABLE TO ANY ITEM FIRMUS GROUP SELLS THAT IS WARRANTED DIRECTLY TO THE USER BY ITS MANUFACTURER.

IF THE MANDATORY RIGHTS MAKE FIRMUS GROUP LIABLE IN CONNECTION WITH SERVICES OR GOODS, THEN TO THE EXTENT PERMITTED UNDER THE MANDATORY RIGHTS, THAT LIABILITY SHALL BE LIMITED AT FIRMUS GROUP’S OPTION TO (a) IN THE

CASE OF SERVICES, THE SUPPLY OF THE SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN AND (b) IN THE CASE OF GOODS, THE REPAIR OR REPLACEMENT OF THE GOODS, THE SUPPLY OF EQUIVALENT GOODS, THE PAYMENT OF THE COST OF SUCH REPAIR OR REPLACEMENT OR THE ACQUISITION OF EQUIVALENT GOODS.

FIRMUS GROUP EXCLUDES ALL LIABILITY FOR OR ARISING FROM ANY NEGLIGENCE ON ITS PART OR ON THE PART OF ANY OF ITS EMPLOYEES, AGENTS, OR REPRESENTATIVES IN RESPECT OF THE MANUFACTURE OR SUPPLY OF GOODS OR THE PROVISION OF SERVICES RELATING TO THE GOODS. FIRMUS GROUP IS NOT LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES UNLESS IMPOSED UNDER MANDATORY RIGHTS.