Warranty Info

Terms and Conditions of this Limited Warranty:

1. This Limited Warranty is implied and expressed to the extent of the manufacturer of the powder coating product used. These manufacturers are Axalta, Interpon, Dulux and OxyTech or any other manufacturer whose powder coating products Pilbara Powder Coatings may use.

2. Manufacturer Warranties specified in Clause 1 above can be found at the following websites:

1. Axlata           www.axalta.com
2. Interpon        www.specifyinterpon.com.au
3. Dulux            www.duluxpowders.com.au
4. OxyTech       www.oxytech.com.au

3. No warranty is implied or expressed by the Supplier other than that of the Warranties of the manufacturers and their powder coating products, specified in Clause 1 above.

4. Pilbara Powder Coatings denies any expressed or implied liabilities that may arise from a successful Warranty claim. Any successful Warranty claim is strictly limited to the liability of the manufacturer’s Warranty. 

5. Where a manufacturer accepts a Warranty claim, at its sole discretion and in limited circumstances, the Supplier may agree to recoat the affected Goods at the Supplier's cost. 

6. When the Supplier agrees to recoat any affected Goods under a manufacturer's Warranty, the recoating is to be done only at the Supplier’s premises.

7. When the Supplier agrees to recoat any affected Goods under a manufacturer's Warranty, in no way whatsoever does this make Supplier liable under the manufacturer’s Warranty for any claims that may arise from the Warranty claim.

8. Any Goods the Supplier agrees to recoat are to be recoated at the Supplier’s premises only. The Customer must arrange for the Goods to be delivered to, and pick-up from, the Supplier’s premises at the Customer’s own expense.

9. The recoating of any Goods at the Supplier’s discretion is limited to the recoating only at the Suppliers premises and excludes:

1. transport of any Goods to and from the Supplier’s premises;
2. uninstallation and/or installation of any Goods;
3. unfixing and/or fixing of any Goods;
4. anything other than the recoating of the Goods at the Supplier’s premises.

10. The Supplier may refuse to recoat any Goods where:

1. previously repainted or repaired OEM finishes
2. failure due to pre-existing rust or rust originating from the Customer’s Goods;
3. scratches, abrasions, or stone chips
4. damage caused by accidents.
5. damage to the paint film caused by improper care, abrasive detergents or waxes, acid rain, industrial emissions or fallout, or heavy-duty pressure washing.
6. failure resulting from misuse or abuse, including improper storage.
7. failures of systems or components containing products from other manufacturers not specified in Clause 1
8. failure of finishes/systems which have been applied outside manufacturers recommendations
9. failure of Goods that have not been applied fo their specific use
10. there is fair wear and tear, any accident, or act of God.

11. This Warranty sets forth the entire limited Warranty by the Supplier. Except as otherwise expressly set forth herein, the Supplier makes no representations or warranties, either expressed or implied, with respect to any Goods and Services provided by the Customer. Without limitation that the Goods and Services will increase productivity, financial performance, efficiency or profitability, the Customer agrees that any implied warranty of merchantability or fitness for a particular use is expressly denied.

12. In no event shall any Goods representation or Warranties received by the Customer from the Supplier create any more Warranty than that of the manufacturer’s Warranty. Where a term in this Limited Warranty conflicts with the manufacturer’s Warranty, the manufacturer’s Warranty shall prevail with all liabilities and obligations resting with the manufacturer.

13. Notwithstanding any provision of this Warranty or a manufacturer’s Warranty or any incentive document to the contrary, in no event shall the Supplier be liable to the Customer for:

1. any punitive, exemplary, or other special damages arising under or relating to any Warranty or the subject matter thereof;
2. any indirect, incidental, or consequential damages (including, without limitation, loss of use, income, profits or anticipated profits, business or business opportunity, savings or business reputation) arising under or relating to any Warranty agreement or any incentive document or the subject matter hereof, regardless of whether such damages are based in contract, breach of warranty, tort, negligence or any other theory, irrespective of whether such party of, knew of, or should have known of the possibility of such damages;
3. the remedies set forth herein shall be the sole and exclusive remedy for any breach of a manufacturer’s warranty;
4. no event shall aggregate the liability to the Customer for each claim arising from a manufacturer’s Warranty or subject thereof, regardless of whether such claims are based in contract, breach of warranty, tort, negligence, or any other theory exceeding that specified in the manufacturer's Warranty;
5. This section shall survive any termination or expiration of a manufacturer's Warranty.

14. This Warranty Agreement shall be governed by, and construed, and enforced according to the laws of the state of Western Australia and the Commonwealth of Australia. Each party consents and submits to the exclusive jurisdiction of and service of process by the Courts of Western Australia.