GENERAL WARRANTY POLICY

BIGBRANDS.COM.AU – GENERAL WARRANTY POLICY

Effective Date: 18 January 2000

At BigBrands.com.au, we stand behind the products we supply and the installation services we provide. This Warranty Policy explains the general warranty terms applying to products purchased from BigBrands.com.au and installation services performed by BigBrands.com.au.

This policy should be read together with any specific manufacturer’s warranty supplied with the relevant product.


1. AUSTRALIAN CONSUMER LAW

Nothing in this Warranty Policy excludes, restricts or modifies any rights or remedies that cannot legally be excluded, restricted or modified under the Australian Consumer Law (ACL) or any other applicable Australian law.

Where the ACL provides a consumer guarantee or remedy, those rights apply independently of any manufacturer’s warranty or voluntary warranty provided by BigBrands.com.au.

Where a product or service does not meet applicable consumer guarantees, BigBrands.com.au will provide the remedy required by law.


2. PRODUCT WARRANTIES

Many products sold by BigBrands.com.au are covered by a manufacturer’s warranty.

Where a manufacturer’s warranty applies, the warranty period, conditions and exclusions are determined by the relevant manufacturer.

Manufacturer warranties may differ depending on:

  • Product
  • Brand
  • Product range
  • Residential or commercial use
  • Intended application
  • Installation method
  • Maintenance
  • Environmental conditions
  • Other manufacturer-specific requirements

A manufacturer’s warranty does not remove or replace any rights a customer may have under the Australian Consumer Law.

Customers should retain their invoice, receipt or other proof of purchase.


3. 12-MONTH LIMITED INSTALLATION WARRANTY

Installation Performed by BigBrands.com.au

Where flooring installation is purchased from and performed by BigBrands.com.au or an installer engaged by BigBrands.com.au, BigBrands.com.au provides a 12-month limited warranty on installation workmanship, commencing from the date the installation is completed.

This warranty applies to defects in workmanship that are reasonably determined to have resulted from the installation service itself.

Where an installation workmanship defect is confirmed, BigBrands.com.au may, subject to applicable law and at its discretion:

  • Repair the affected installation;
  • Rectify the workmanship issue; or
  • Provide another appropriate remedy where required by law.

This 12-month warranty applies to installation workmanship only and does not constitute a 12-month warranty on the flooring product itself.


4. WHAT IS NOT COVERED BY THE INSTALLATION WARRANTY

To the maximum extent permitted by law, the 12-month installation workmanship warranty does not cover issues caused by circumstances outside the installation workmanship, including:

  • Manufacturing defects in the flooring product;
  • Normal wear and tear;
  • Accidental damage;
  • Damage caused by customers, occupants, pets or third parties;
  • Incorrect use or misuse;
  • Water damage;
  • Flooding;
  • Plumbing leaks;
  • Excessive moisture;
  • Excessive humidity;
  • Structural movement;
  • Structural settlement;
  • Movement or deterioration of the subfloor;
  • Cracking or movement of the substrate;
  • An unsuitable or defective substrate;
  • Failure to properly prepare the substrate where such preparation is the responsibility of the customer or another party;
  • Failure to follow manufacturer installation requirements;
  • Failure to follow manufacturer care and maintenance instructions;
  • Incorrect cleaning products or cleaning methods;
  • Damage caused by furniture, appliances or heavy objects;
  • Damage caused after installation;
  • Alterations or modifications to the flooring;
  • Repairs carried out by persons other than BigBrands.com.au or an installer authorised by BigBrands.com.au;
  • Damage caused by building movement or other structural conditions;
  • Environmental conditions outside the product’s intended application; or
  • Any other matter outside the installation workmanship itself.

These exclusions apply only to the extent permitted by applicable law.


5. FADING, DISCOLOURATION AND COLOUR CHANGES

Fading, discolouration, colour change and colour variation are not covered by the BigBrands.com.au 12-month installation workmanship warranty.

Flooring may naturally change colour over time due to exposure to:

  • Direct sunlight;
  • Indirect sunlight;
  • UV radiation;
  • Windows;
  • Glass doors;
  • Skylights;
  • Artificial lighting;
  • Heat;
  • Environmental conditions;
  • Normal ageing; or
  • Other conditions affecting the appearance of the product.

The rate and degree of colour change may vary depending on the product, location, exposure, room conditions and environment.

Differences in colour between existing flooring and newly installed flooring may also occur due to different production batches, ageing or exposure.

Customers should follow the relevant manufacturer’s recommendations regarding UV exposure, window coverings, cleaning and product maintenance.

Nothing in this section excludes any rights that cannot legally be excluded under the Australian Consumer Law.


6. FLOORING MUST BE INSPECTED BEFORE INSTALLATION

Customers should inspect all flooring products as soon as reasonably practicable after delivery or collection and before installation.

Customers should check for:

  • Visible damage;
  • Incorrect product;
  • Incorrect quantity;
  • Visible manufacturing defects;
  • Colour or shade variations;
  • Surface imperfections;
  • Batch differences;
  • Pattern or appearance issues; and
  • Any other obvious concerns.

Customers must not install flooring where visible defects, damage or other concerns are identified.

Customers should contact BigBrands.com.au before installation if they believe there is a problem with the product.

Where flooring containing an obvious or reasonably identifiable defect is installed, BigBrands.com.au may not be responsible for costs associated with removal or reinstallation of that flooring, to the extent permitted by law.

This does not affect any rights that cannot legally be excluded under the Australian Consumer Law.


7. INSTALLATION CONDITIONS AND SUBFLOORS

The condition of the installation area can significantly affect flooring performance.

The installation area must be reasonably suitable for installation and comply with applicable manufacturer requirements.

Installation issues may arise from:

  • Uneven subfloors;
  • Excessive moisture;
  • Structural movement;
  • Subfloor movement;
  • Cracking;
  • Settlement;
  • Inadequate preparation;
  • Unsuitable substrates;
  • Existing building defects; or
  • Other site conditions.

Where BigBrands.com.au identifies an unsuitable installation condition before installation, we may recommend additional preparation or other corrective work.

Where a customer instructs BigBrands.com.au to proceed despite an identified site condition or recommendation, any resulting issue may not be covered by the installation warranty, to the extent permitted by law.


8. PRODUCT MOISTURE AND ENVIRONMENTAL CONDITIONS

Flooring products can be affected by moisture, humidity, temperature, sunlight and other environmental conditions.

Customers and installers must ensure that the installation environment is appropriate for the particular flooring product and complies with the manufacturer’s requirements.

BigBrands.com.au is not responsible for damage caused by environmental conditions outside the intended application of the product, to the extent permitted by law.


9. CARE AND MAINTENANCE

Customers are responsible for following the manufacturer’s care and maintenance instructions.

Warranty coverage may be affected, to the extent permitted by law, where damage results from:

  • Incorrect cleaning;
  • Harsh chemicals;
  • Incorrect cleaning products;
  • Excessive water;
  • Steam cleaning where not approved;
  • Failure to maintain the flooring;
  • Failure to protect the flooring from furniture or other objects; or
  • Other improper maintenance.

Customers should use only cleaning products and maintenance methods recommended for the relevant flooring product.


10. RESIDENTIAL AND COMMERCIAL USE

Some products are designed specifically for residential applications.

Where a product is used in a:

  • Commercial property;
  • Office;
  • Retail premises;
  • Rental property;
  • Hospitality environment;
  • Industrial environment; or
  • Other high-traffic application,

the applicable warranty may differ.

Customers should confirm that the product is suitable for the intended application before purchase and installation.

Where a manufacturer specifies that a product is unsuitable for a particular application, the manufacturer’s warranty may not apply to that use.


11. CLEARANCE, SECONDS AND SPECIAL SALE PRODUCTS

Products sold as:

  • Clearance;
  • Seconds;
  • Discontinued products;
  • Damaged packaging;
  • End-of-line products; or
  • Products with a specifically disclosed imperfection,

may be subject to specific terms communicated to the customer before purchase.

Where a particular defect, imperfection or characteristic has been specifically disclosed to the customer before purchase and the customer knowingly purchases the product, a claim relating specifically to that disclosed condition may not be available, to the extent permitted by law.

This does not exclude any rights that cannot legally be excluded under the Australian Consumer Law.


12. CHANGE OF MIND

A change-of-mind return is separate from a warranty claim.

Unless otherwise stated by BigBrands.com.au, change-of-mind returns are subject to BigBrands.com’s applicable returns policy and any conditions communicated at the time of purchase.

Nothing in this section affects a customer’s rights where a product or service does not meet the Australian Consumer Law.


13. INSTALLATION BY THIRD-PARTY INSTALLERS

The BigBrands.com.au 12-month installation workmanship warranty applies only to installation services performed by BigBrands.com.au or an installer engaged by BigBrands.com.au.

Where a customer independently selects and engages an installer who is not engaged by BigBrands.com.au, the BigBrands.com.au installation workmanship warranty does not apply to that installation service.

Customers should contact their independent installer regarding workmanship issues.

This does not affect any rights the customer may have under applicable law concerning products supplied by BigBrands.com.au.


14. WARRANTY CLAIM PROCESS

To make a warranty claim, customers should contact BigBrands.com.au and provide:

  1. Proof of purchase;
  2. Invoice or order number;
  3. Customer name and contact details;
  4. Product name or description;
  5. Date of purchase;
  6. Description of the problem;
  7. Photographs and/or video where relevant;
  8. Photographs of the installation where relevant;
  9. Product batch or lot information where available; and
  10. Details of the installation method and installer where relevant.

BigBrands.com.au may request additional information reasonably required to assess the claim.


15. WARRANTY ASSESSMENT

All warranty claims are subject to reasonable assessment.

Depending on the circumstances, BigBrands.com.au may:

  • Request photographs or videos;
  • Request product samples;
  • Arrange an inspection;
  • Inspect the installation;
  • Inspect the substrate or surrounding conditions;
  • Refer the matter to the manufacturer or supplier;
  • Request information from the installer;
  • Determine whether the issue is related to the product or installation;
  • Determine whether a manufacturer’s warranty applies; or
  • Provide an appropriate remedy where required by law.

Customers must provide reasonable access to the property where an inspection is reasonably required.


16. MANUFACTURER ASSESSMENT

Where appropriate, BigBrands.com.au may refer a product warranty claim to the relevant manufacturer or supplier for technical assessment.

The manufacturer may assess matters including:

  • Product condition;
  • Installation method;
  • Subfloor conditions;
  • Moisture levels;
  • Environmental conditions;
  • Maintenance;
  • Usage;
  • Product batch;
  • Manufacturing specifications; and
  • Other relevant factors.

Manufacturer warranties will be assessed according to the manufacturer’s applicable warranty terms.


17. REPLACEMENT PRODUCTS

Where a replacement product is provided, the replacement may differ from the original product in:

  • Colour;
  • Shade;
  • Pattern;
  • Texture;
  • Finish;
  • Batch; or
  • Availability.

This may occur where the original product has been discontinued or manufactured in a different production batch.

Where an identical product is unavailable, an equivalent or alternative product may be offered where appropriate and permitted by law.


18. REMOVAL, REINSTALLATION AND CONSEQUENTIAL COSTS

To the maximum extent permitted by law, BigBrands.com.au does not accept responsibility for costs that are not required to be provided as part of the applicable legal remedy or warranty.

This may include:

  • Removal of flooring;
  • Disposal of flooring;
  • Reinstallation;
  • Installer labour;
  • Moving furniture;
  • Moving appliances;
  • Accommodation;
  • Loss of use;
  • Business interruption; or
  • Other indirect or consequential expenses.

Nothing in this section excludes or limits any liability that cannot legally be excluded or limited under Australian law.


19. UNAUTHORISED REPAIRS OR MODIFICATIONS

Customers should contact BigBrands.com.au before carrying out repairs, alterations, modifications or removal of flooring that is the subject of a warranty claim, where reasonably practicable.

Unauthorised repairs, modifications or alterations may affect a manufacturer’s warranty or installation warranty to the extent permitted by law.


20. PROOF OF PURCHASE

BigBrands.com.au may require reasonable proof that the product or installation service was purchased from BigBrands.com.au.

Acceptable proof may include:

  • Tax invoice;
  • Receipt;
  • Order confirmation;
  • Customer account records; or
  • Other reasonable evidence of purchase.

21. NO WAIVER OF AUSTRALIAN CONSUMER LAW RIGHTS

The warranties described in this policy are additional to any rights and remedies available to customers under the Australian Consumer Law.

The expiry of a manufacturer’s warranty does not necessarily mean that a customer has no further rights under the Australian Consumer Law.

Similarly, this 12-month installation warranty does not limit any consumer guarantees that may apply to installation services under Australian law.


22. LIMITATION OF LIABILITY

To the maximum extent permitted by law, BigBrands.com.au will not be liable for loss or damage that is not required to be compensated under applicable law.

Where Australian law permits liability to be limited, BigBrands.com.au’s liability may be limited to the extent permitted by law.

Nothing in this Warranty Policy excludes, restricts or modifies any liability or consumer right that cannot legally be excluded, restricted or modified.


23. CHANGES TO THIS WARRANTY POLICY

BigBrands.com.au may update this Warranty Policy from time to time.

The version applicable to a purchase will generally be the version in effect at the relevant time, subject to any rights that cannot legally be excluded or varied.


24. CONTACT BIGBRANDS.COM.AU

BigBrands.com.au

Address: Unit 41, Greens Road, Dandenong South VIC 3175, Australia

Phone: 1300 12 22 20

Website: BigBrands.com.au

For warranty enquiries, customers should provide their invoice or order number wherever possible.


IMPORTANT NOTICE

This Warranty Policy sets out BigBrands.com’s general warranty terms and procedures.

Specific products may be subject to additional manufacturer’s warranty terms.

Where there is any inconsistency between this Warranty Policy and a mandatory requirement of Australian law, the applicable law will prevail.

BigBrands.com.au reserves all rights available to it under applicable law.

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