Warranty information

1. Performance Sailcraft Pty Limited ACN 000 135 819 (PSA) of 2 Catamaran Road, Fountaindale, NSW 2258 manufactures and sells the sailing craft known as the Laser / ILCA and other sailboats and related items, hereinafter described as the Product(s) and warrants that the Products are free from defect in material and workmanship and within the tolerances generally regarded commercially acceptable under normal use and subject the limitations set forth herein and read in conjunction with the Terms and Conditions of sale as found on the PSA website – psasailing.com.au. Terms defined in the Terms and Conditions of sale have the same meaning in this Warranty Policy.
2. Subject to Clause 3, Products are warranted for 12 months from the date of purchase from PSA against defect in materials and workmanship (the warranty period). If a Product is used for commercial or rental purposes the warranty is limited to 1 month from the date of purchase from PSA and any used boats or equipment bought from PSA is explicitly not covered by this, or any other PSA warranty.
3. Certain products or materials or equipment which are sold by PSA are not manufactured by us but supplied to us by a third party for resale (Resale Products). Prior to buying Resale Products from PSA, you should make enquiries as to the warranty terms offered by the relevant manufacturer or supplier. PSA does not warrant Resale Products and any claim in relation to Resale Products is required to be made by you directly to the relevant manufacturer or supplier. PSA may, in its sole discretion, make representations to the manufacturer or supplier on your behalf once you have lodged a warranty claim. Prior to making a warranty claim against a third party provider of Resale Products you will notify us and provide relevant details, so that we may, at our sole discretion, discuss the matter with the supplier and consider issues of quality of supply. Where applicable, we warrant that the parts were installed correctly and according to the instructions provided by the manufacturer.
4. Upon purchase of any Product from PSA, you agree:
   1. to make a full inspection of the Product(s) immediately upon receipt and give us written notice to sales@psasailing.com.au with full details and photographs of any visible or otherwise apparent defect with 7 days of receipt of the Product, and
   2. that if a defect becomes apparent after use, you will immediately, upon discovering the defect, notify us in writing to sales@psasailing.com.au with 7 days of discovering the defect of the full particulars (including photos) of the defect and the circumstances under which such defect came to your attention.
5. Any potential claims which a customer may have is conclusively deemed to be waived unless notice is given to PSA in accordance with clause 4 above.
6. We shall, at our sole discretion, either repair, replace or give credit for any such Products which our examination confirms are defective in material or in workmanship within the warranty period if you have adhered to the payment provisions herein and further provided that:
   1. unless we advise you that we will arrange for a PSA employee (or our authorised representative) to visit your location to inspect, repair or replace the defective Product, you will return the defective Products to us or our authorised representative (as directed by us); and
   2. . You will cooperate fully and when requested make available / return the alleged faulty Product
7. PSA’s obligation is limited to the repair or replacement of any part or parts of its manufacture which have been inspected by PSA (or its representative) and have been determined, at the sole discretion of PSA, to be at fault due to a defect in manufacture or workmanship within the applicable conditions of this Warranty (including the warranty period) and the terms of sale.
   1. Where a PSA employee is not able to inspect the Product subject to the warranty claim, we may appoint a third party to inspect the Product on our behalf or request that you send the Products to us for inspection. You will cooperate fully and when requested make available / return the alleged faulty Product
8. The cost of all freight required to:
   1. deliver the Product to PSA, or a third party approved by PSA, for inspection;
   2. return the Product to you after inspection or repair (if appropriate); or
   3. deliver a new product to you (should replacement be deemed by PSA to be the appropriate remedy),

is the responsibility of the you / the customer in each instance.

9. Any service or repair undertaken pursuant to an approved claim made under this warranty must be undertaken by PSA, an authorised PSA dealer or PSA approved boat repairer. No repairs under warranty are to be undertaken by a third party without our prior written approval.
10. Where a repair is approved by PSA under this Warranty, it will be made without charge for the required replacement parts, however labour may be charged to you at the applicable rates charged by PSA (or the approved repairer) at the time the work is undertaken. All freight charges relating to the repair are at your cost.
11. . This Warranty shall not apply and will be voided for any PSA Products which:
    1. have been modified in any way from the form and condition in which the Product left PSA’s premises was delivered to you. This exclusion includes damage from attempts to modify the Products in any way;
    2. have been damaged by, or subject to, conditions or use beyond normal or generally accepted or recommended conditions or use for the Product and does not extend to defects in surface coatings, or defects or failures caused by weathering or normal use wear and tear;
    3. fail due to inexperience, negligence, non maintenance, unauthorised repair, or proper preparatory inspection before setting to sea;
    4. fail due to collisions, accidents or ship wrecks or any of these happenings which would normally be covered by a Marine Insurance Policy;
    5. has been repaired by parties other than PSA or an approved PSA repairer or where a repair adversely affects the performance or reliability of the Product;
    6. has been repaired or serviced using parts not sold or approved by PSA; or
    7. are ropes, centreboards, rudder blades, sails or sail battens.
12. You hereby agree that if we find that the Products subject to a claim are found not to be defective in workmanship or materials, or that you contributed in any way to any damage to or failure of Products for any reason, you will pay
    1. all transportation charges, duties and taxes, accommodation and living expenses and normal charges for the time of any PSA employee or person appointed by PSA who is associated with the repair, replacement and return of the Products to you,
    2. contribute such proportion of the cost of repair or replacement of the Product and any services as we, in our sole discretion, determine relate to your acts or omission, and
    3. reimburse us for all costs and damages associated with your claim, including any replacement Product and / or services.
13. PSA’s obligation under this Warranty is to the first owner of the Product only and is not transferable.
14. The repair or replacement of defective Products or goods during the warranty period will not extend the warranty period in relation to the Products.
15. Unless a PSA Director otherwise expressly agrees in writing, in no circumstances will our liability to you for any breach of the Warranty or claim relating to any defect or failure exceed the price paid for the individual Product/s subject to any claim made.
16. This Warranty is expressly accepted by you in lieu of any and all other terms, warranties, conditions, liabilities, claims and reliefs (including equitable), whether express or implied, in fact or in law, relating to the state, quality description, capacity, design, construction, operation, use or performance of the Products or to the merchantability, repair, or fitness for a particular purpose of the Products or otherwise. No agreement varying or extending the same will be binding upon us unless prior agreed in writing and signed by PSA Director.
17. Save as otherwise provided herein and to the extent provided by law, all warranties, terms, conditions including any such warranties, terms and conditions implied by statute are hereby excluded provided that nothing herein contained shall operate in any way to restrict, exclude or modify all or any of the provisions of Division 2 of the Trade Practices Act 1973, the exercise of a right conferred by such a condition or warranty implied by any provision of Sections 18, 19, and 20 except Section 19 (4) of The Sale of Goods Act 1923 as amended.
18. If you have any questions in relation to the terms of this warranty, please contact us by calling +61 2 4389 1088 or email us at info@psasailing.com.au.