HARDWARE WARRANTY POLICY

This document outlines the warranty policy for certain hardware products distributed by FRESHTRACK SYSTEMS PTY LTD ABN 13 146 508 590 (referred to in these terms and conditions as ‘FRESHTRACK’, ‘we’, ‘us’, or ‘our’). A person or entity who has purchased a FRESHTRACK good or service and/or is an end user of a FRESHTRACK hardware product will be referred to in this document as ‘you’ or ‘your’.

Capitalised words and phrases used in these terms and conditions have the meaning given:

a) by the word immediately preceding any bolded and bracketed word(s) or phrase(s); or

b) in the definitions set out below.

Our Hardware (FRESHTRACK Products) comes with guarantees that cannot be excluded under the Australian Consumer Law (ACL). For major failures with FRESHTRACK Products, you are entitled to a refund or replacement.

If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the relevant goods. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

For the avoidance of doubt, except as required under the ACL, you will not be entitled to a refund or replacement for:

a) (third party hardware) any issues arising from hardware components manufactured by third parties, either integrated the ​Hardware or sold together with the Hardware as part of the product kit;

b) (negligent or intentional act) any issues arising out of damage caused by intentional and/or negligent acts and/or omissions, accident, abuse, flood, fire, earthquake or other external causes including but not limited to electrical shortages; and

c) (installation, maintenance and use) any issues in the Hardware arising out of:

(i) the installation of the Hardware, except in accordance with our specific instructions or as performed by us (or a service partner approved by us in writing);

(ii) regular wear and tear to the Hardware;

(iii) unauthorised modification or misuse of the Hardware;

(iv) failure to use and maintain the Hardware in accordance with any Documentation or our written instructions;

(v) failure to take reasonable care of the Hardware;

(vi) damage caused by operating the Hardware outside the permitted or intended use as determined by FRESHTRACK in its ​sole discretion;

(vii) damage caused by services (including, but not limited to, upgrades and expansions) performed by any other provider other than FRESHTRACK or an approved service partner); or

(viii) damage cause by using the Hardware along with non-FRESHTRACK products, accessories and/or software

a) For the avoidance of doubt, FRESHTRACK Products:

(i) are highly specialised and must be handled and used in accordance with instructions for use or installation instructions provided by us (or the original manufacturer) from time to time, including without limitations any load limitations or specifications outlined in any Documentation; and

(ii) must only be installed or repaired by qualified and approved professionals appointed by us.

b) To the extent permitted by law, you will not be entitled to a replacement or repair of any FRESHTRACK Product where:

(i) the relevant FRESHTRACK Product is used in any way which is not in accordance with any Documentation or instructions provided to you (whether by us or a third party such as the original manufacturer);

(ii) except where agreed by us in writing, the relevant FRESHTRACK Product is installed by any party other than an approved service partner;

(iii) where you alter, manipulate, modify or misuse the relevant FRESHTRACK Product at any time (whether before or after installation has been completed); and

(iv) any of the exclusions set out in clause 3 apply.

If, you believe that the Hardware you purchased is faulty, please contact us via email at hello+warranty@freshtrack.com with full details of the fault (including images, if possible).

If we determine, in our absolute discretion:

a) that the relevant Hardware is faulty and covered by this warranty, we will provide you with a repair; or replacement of the Hardware or the non-conforming component of the Hardware at our cost; or

b) that the relevant Hardware is not faulty, or is faulty due to the issues set out in clause 3.1(c), we will refuse your warranty claim.

a) You will need to cover any travel expenses incurred by us (or our approved contractor) related to the repair of a FRESHTRACK Product under this warranty, if you require that the repair be conducted urgently (being within 14 days of the repair being reported to us).

b) To the extent required by law, we will contribute to the cost of returning the FRESHTRACK Produc t after confirming that the FRESHTRACK Product does require repair and that the FRESHTRACK Product is eligible for repair or replacement under this policy. If you need to travel to us or ship the FRESHTRACK Product to effect replacement or repairs under this policy, you must seek our written approval before incurring any expenses in connection with such travel or shipping and agree that such expenses must be reasonable.

FRESHTRACK disclaims all warranties and representations, express or implied that it will be able to repair or replace the faulty FRESHTRACK Product or its components and under this warranty without risk to or loss of and/or corruption of the software program or data.

To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this warranty document, or in written terms and conditions issued by us, are excluded.

a) To the maximum extent permitted by law, we exclude any liability that may arise as a result of you pursuing a warranty claim in accordance with this warranty document. For the avoidance of doubt, FRESHTRACK is not liable to you for any loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise arising from or relating in any way to:

(i) any economic losses (including without limitation the loss of revenue, profits, contracts, business or anticipated savings);

(ii) any loss of goodwill or reputation; or

(iii) any indirect, consequential, incidental, punitive and/or special damages (Consequential Damages) which have been suffered or incurred by you owing to the use or inability to use FRESHTRACK Products.

b) Where a court of competent jurisdiction considers Consequential Damages as a valid and enforceable remedy, you acknowledge and agree that the maximum amount of Consequential Damage payable in the aggregate shall not exceed the amount of the purchase price of the relevant FRESHTRACK Product.