SAFETY DEVICES LIMITED WARRANTY
This is the Limited Warranty referred to in the Duress Master Service Terms.
If you are experiencing an emergency, please call local emergency services.
Safety Products are not intended as a substitute for emergency services.
1. WARRANTY OVERVIEW
This Limited Warranty is given by:
Duress Pty Ltd.
ABN 11 613 710 026
Level 8, 420 St Kilda Rd Melbourne Victoria 3004 Australia
Within Australia 1800 387 377
Outside Australia +613 9510 4593
support@duress.com
2. DEFINED TERMS
All defined terms in the Duress Master Services Agreement and (as applicable) Distributor Agreement apply here as well.
3. AUSTRALIAN CONSUMER LAW
3.1. The benefits under this Limited Warranty are in addition to other rights and remedies under applicable law in relation to the Safety Devices.
3.2. If you are a Consumer under the Australian Consumer Law, the Safety Devices come with guarantees that cannot be excluded. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Safety Devices repaired or replaced if the Safety Devices fail to be of acceptable quality and the failure does not amount to a major failure.
3.3. You may also have other or additional legal rights under the laws of your jurisdiction. The disclaimers, exclusions, and limitations of liability under this Limited Warranty will not apply to the extent prohibited by applicable law.
4. LIMITED WARRANTY
4.1. The original purchaser of Safety Devices from Duress has rights under this Limited Warranty.
4.2. The hardware components (not software) of the following Safety Devices are warranted to be free from defects in materials or workmanship for the following periods that commence on the date of purchase:
4.3. Within this period, Duress will, at its option, repair or replace any hardware components that fail in normal use. Such repairs or replacement will be made at no charge to the customer for parts or labour, provided that you shall be responsible for any transportation cost as set out in section 7.
4.4. If we replace the Safety Device, the replaced Safety Device will continue to be
warranted for the remaining time of the original warranty period.
4.5. All returned parts for which you have received a replacement will become the property
of Duress.
4.6. This Limited Warranty does not apply to:
4.6.1. cosmetic damage, such as scratches, nicks and dents;
4.6.2. consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship;
4.6.3. damage caused by accident, abuse, misuse, water, flood, fire, or other acts of nature or external causes;
4.6.4. damage caused by service performed by anyone who is not an authorised service provider of Duress;
4.6.5. damage to a Safety Device that has been modified or altered without the written permission of Duress;
4.6.6. the intentional or negligent treatment of the Safety Device in a harmful, injurious, malicious, reckless or offensive manner which results in its damage and/or failure;
4.6.7. damage to a Safety Device that has been caused by connection to power and/or data cables that are not supplied by Duress;
4.6.8. any claim for the restoration of software or data, or for retrieving data from a Safety Device;
4.6.9. improper transportation, repair, operation or maintenance of the Safety Device;
4.6.10. use of the Safety Device for purposes other than for which the Safety Device was designed or intended; or
4.6.11. forces beyond our reasonable control.
4.7. If during the warranty period you submit a claim for warranty service in accordance with this Limited Warranty, and/or we determine that the Safety Device is defective then Duress at Duress’ sole option will:
4.7.1. repair the Safety Device using new parts or previously used parts that satisfy Duress’ quality standards;
4.7.2. replace the Safety Device with a new or refurbished device that meets Duress’ quality standards, or
4.7.3. exchange the Safety Device for a full refund of your purchase price.
4.8. To the fullest extent permitted by law, such remedy shall be your sole and exclusive remedy under and for any breach of this Limited Warranty and our aggregate cumulative liability under this Limited Warranty shall not exceed the original purchase price paid for the Safety Device.
5. DATA NOTICE
5.1. Repair or replacement of Safety Devices that are capable of retaining user-generated data may result in loss of that data.
5.2. This Limited Warranty does not cover restoration of software or data, or data retrieval to/from your Safety Device. In no event will we be responsible for the restoration of software or data, or for retrieving data from any Safety Device.
6. CLAIM PROCESS
6.1. To claim under this Limited Warranty or to return a Safety Device to us, you must send us an email at the address above with your contact details, a description of the issue and photos (if relevant).
6.2. We may ask for additional information to ascertain whether this Limited Warranty is available to you and failure to provide this information may limit your entitlement to
this Limited Warranty.
6.3. If we agree that you may return a Safety Device, the Safety Device must be shipped to us, together with proof of purchase, either its original packaging or packaging affording an equal degree of protection. Failure to return the Safety Device may result in a delay of refund payment and/or result in a reduction of your refund or a credit to us.
6.4. You agree to reimburse us on request for the inspection and testing of the returned Safety Device determined by us not to be defective or which falls under one of the exclusions described in this Limited Warranty.
7. SHIPPING AND HANDLING
7.1. Unless you make alternative arrangements with us, you must pay all charges related to shipping and handling:
7.1.1. when you return a Safety Device to us in relation to a claim (whether we agree to that return or not); and
7.1.2. of Safety Devices that we return to you after determining they are not defective or otherwise fall outside of this Limited Warranty.
7.2. We will pay all charges related to shipping and handling for replacement Safety Devices provided under this Limited Warranty.
VERSION
July 2024