Aureguy Industrials Limited

 

Warranty terms and conditions

Applicability:

 

This warranty terms and conditions are applicable to all the new sweeping and scrubbing machines sold by Aureguy Industrials Limited for the following brands:

  • Hako, and

  • PowerBoss

 

Aureguy Industrials Limited, NZBN No. 9429039429247, having its registered office at 8D, Saturn Place, Rosedale, Auckland, New Zealand 0632, (hereinafter referred as “AIL”) are in the business of importing, distribution, marketing, servicing sweeping and scrubbing machines and the parts thereof.

 

The following warranty is available to the first owners of each sweeping and scrubbing machine (hereinafter referred as “Customer”).

 

Both AIL and the Customer (Herein after referred as “parties”).

 

Warranty terms:

 

The following statements only applies to a customer under sale of goods or services as defined in the New Zealand Consumer Law. In this statement, ‘Our’ means ‘AIL’ and ‘you’ means ‘Customer’:

 

Our machines come with a guarantee that cannot be excluded under the New Zealand Consumer Law.

 

To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these warranty terms and conditions are excluded and AIL is not liable in contract, tort (including, without limitation, negligence, or breach of statutory duty) or otherwise to compensate to the customer.

 

The new machine are fit for the purpose and is designed to protect customers from defective material or workmanship. AIL warrants to the customer that the machine sold are free from defects in workmanship and materials under normal use, subject to the exclusions and limitations as below.

 

Our warranty covers manufacturing defects of a part or a part failure caused by an error in the assembly of the machine. If a defect appears in the machine before the end of the warranty period and AIL finds the product to be defective in materials or workmanship, AIL will at its sole discretion replace or repair the defective part of the product. AIL may appoint an authorized agent to inspect and repair under this warranty.

 

AIL will endeavor to address the warranty issue at the earliest but cannot guarantee any time limit. In no circumstances, the machine will be replaced.

 

Regular preventive maintenance (PM) as specified in the operator’s manual together with the exclusive use of Hako/PowerBoss approved parts, fluids, battery, and cleaning agents are the key to safety and reliability for your machine. Our technicians are trained and equipped to undertake all the maintenance needs required to achieve the maximum possible service life from your machine. These items are considered vital to the ongoing reliability and safety of your machine. We provide PM plans to suit every customer at a reasonable price. 

 

Warranty period:

 

Warranty covered is measured by either the machine hours or length of time, not both. Warranty will cover 12 months from the date of delivery of the machine to the customer or 1,200 machine hours – whichever is earlier.

 

This warranty will cover labor for 3 months and parts for 1 year, provided all the terms and conditions of this warranty are met by the customer. Batteries are covered for full replacement for the first three months of the warranty period and on a pro-rated credit basis for the period from four to twelve months of the coverage.

 

To retain full warranty please ensure that:

 

  1. Your machine is serviced regularly in accordance with AIL recommendations,

  2. You use AIL recommended genuine parts for any repair or service of your machine,

  3. You use AIL recommended fuel, cleaning agents, brushes and battery chargers,

  4. If a failure does occur, all reasonable effort is made to protect your machine from further damage, and

  5. Official machine operational manuals are followed by the operators and the supervisors.

 

Special warning to the purchaser:

 

If a customer has replaced any parts of the machine by themselves or through an unauthorized service technician, or used unrecommended parts, fuel, brushes, or cleaning agents then warranty will lapse with immediate effect from this replacement. Please note that this practice may result in health and safety-related issue and may impact the machines performance in long run.

 

All the machines should only be operated by AIL-trained and certified operator. If machine is operated by an untrained operator, then any damage incurred to the machine will not be covered under this warranty. If you need training for your employees, please send us your request by email to admin@hakonz.com.

 

The items specified below are specifically not covered under this warranty:

 

  1. Damage caused by improper storage at the customer or their agents’ premises,

  2. This warranty does not apply to the second and subsequent owners, except resold by AIL,

  3. This warranty does not apply to consumable parts such as brushes, pads, lights, tires, air filters, hoses, refrigerants, tires, etc,

  4. Normal wear and tear which includes but not limited to scratches, corrosion, breakage, etc,

  5. Damage caused by operator abuse in any way or damaged by neglect, accident, or improper use, or damaged by mineral deposits, debris, salt, sand, chemicals, hail, stones or glasses,

  6. Any consequential losses as well as claims for damages of any kind resulting from a claim by a third party,

  7. Damaged during transportation, post-delivery of the machine,

  8. Intentional damage or damage caused by negligence or improper handling,

  9. The warranty does not extend to direct or indirect consequential loss or damage to either persons or property or expenses such as (but not limited to) recovery or towing charges, hire or loss of use charges, hire charges, travelling expenses or hire/replacement of machines, loss of income, loss or damage to the third party, etc,

  10. Any repair as a consequence of lack of preventive maintenance in accordance with the manufacturer’s minimum recommendations or minimum preventive services every 3 months, whichever is lower,

  11. The machine has been altered by changing the manufacturer’s specifications or by removal or change of the manufacturer’s identification number or marks.

  12. Run time in excess of the manufacturer’s recommendations as set out in machines operating manuals,

  13. Unavoidable natural disasters, fire, collision, theft etc. We highly recommend customers take necessary and adequate insurance,

  14. Any damage caused due to using inappropriate fuel, lubricant or fluid; warranty will lapse with immediate effect from such event.

  15. Any additional parts installed or any alterations done on the machine by the customer,

  16. Any alteration made to the machine,

  17. AIL will not be responsible for costs or repairs performed by unauthorized by AIL, the warranty will lapse with immediate effect from such repairs, and

  18. We highly encourage that customers use recommended brushes, pads and batteries. If any damage occurs to the machine due to unrecommended brushes, pads or batteries, those damages will not be covered under this warranty.

 

Claim process:

 

Where the defect is considered severe, please do not use the machine. It might not be safe to use the machine. Please contact us immediately.

 

Customer should submit a valid warranty claim form with all the details, within the warranty period. The warranty claim form can be downloaded from our website www.hakonz.com. Customers can submit the duly filled-in and signed claim form to us by email at admin@hakonz.com. Download claim form.

 

Assignment:

 

Customer shall not assign any rights under this warranty unless AIL agrees in writing prior to said delegation or assignment.

Limitation:

 

AIL’s overall liability under this warranty will be limited to the extent to the price of the defective parts in the product sold by AIL to the customer.

 

Compliance with local laws and customs:

 

The customer is responsible for complying with federal laws, local laws, state laws, international laws, health and safety laws, work safe, or codes, regulations, and rulings as may be applicable to the customer.

Applicable law:

 

This warranty will be governed by and construed in accordance with the laws of New Zealand.

 

Force Majeure:

 

Either party is not liable for a failure to perform any of their obligations hereunder in so far they prove:

  1. That the failure was due to obstruction beyond their control, and

  2. That they could not practically be expected to take into account the disablement and its effect upon their ability to perform at the time of conclusion of the contract, and

  3. That they could not judiciously have avoided or overcome it or its effects,

  4. Either party is unable to perform any of its obligations under this contract because of natural disasters, acts of God, war, act of terrorism, riots, governmental actions, or any other event beyond such party’s control, then the said party shall upon written notice to the other party, be relieved from its obligations till such act continues or for a maximum period of six months.

 

Arbitration:

 

Both the parties will try to resolve any dispute through mutual agreement through friendly mediation within ninety days from the date of written notice by the claimant. If the dispute is not resolved through mutual mediation, then all the disputes arising out of or in relation to this contract, including any question about its validity, existence, or termination, shall finally be settled as per the rules and regulations of Arbitration Act 1996 in New Zealand. Arbitrators will be appointed in accordance with the said Act. The place of arbitration shall be in Auckland, New Zealand and the proceedings shall be carried out in the English language. Such arbitration will be binding on both parties. The arbitrator's ruling shall be final and shall not be contested by either party. The losing party in the above arbitration shall bear all the expenses related to the arbitration.

 

Notices:

 

Any notice required pursuant to this warranty shall be sufficiently serviced if mailed in a registered letter to the following addresses of the parties.

 

Aureguy Industrials Limited

8D Saturn Place, Rosedale, Albany, Auckland, New Zealand 0632.

 

Updated on 8th July’2021.