Phoenix Warranty Australia & New Zealand April 2019 - February 2022

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WA0001 RevB

Note: This warranty is only applicable for

products sold and installed in Australia

and New Zealand.

These warranty periods apply to

products purchased after 1st of April

2019. Please refer to ‘Phoenix Tapware

Warranty - 2018.pdf’ for all products

purchased before 1st April 2019.

— phoenixtapware.com.au

Warranty

2020

Warranty

VIC Office & Warehouse

926 Mountain Hwy, Bayswater

VIC 3153, Australia

Ph +61 3 9780 4200

WA Office & Warehouse

23/10 Geddes Street, Balcatta WA

6021, Australia

Ph +61 8 6147 9330

Phoenix Industries Pty Ltd

ABN 48 007 215 876

— phoenixtapware.com.au

Warranty Card

1.

Contact Details

Should any of our Products not perform to the Express Warranties

provided below, please contact our experienced customer service

personnel on:

Phoenix Industries Pty Ltd

Contact Number: +61 3 9780 4242

Email Address: aftersales@phoenixtapware.com.au.

2.

Warranty Conditions

2.1.

Phoenix Industries Pty Ltd (“Phoenix Tapware”) provides the following

warranty for all Phoenix Tapware Products purchased in Australia and

New Zealand from an authorised Phoenix Tapware reseller for use in

domestic or commercial installations. For the avoidance of doubt,

Phoenix Tapware Products purchased outside Australia or New Zealand

from other sources, including grey, parallel or direct imports, are not

covered by this warranty as Phoenix Tapware Products may not meet

local regulations and you should refer to the terms and conditions that

accompany your Product or any warranty provided by the retailer or

relevant sales company in the relevant country of purchase.

2.2. This express warranty covers Phoenix Tapware Products and applies to

defects which have arisen solely from faulty materials or workmanship in

the Products. For the avoidance of doubt, defects which arise as a result

of the following are not covered by this warranty:

(a)

abuse, misuse, neglect, maltreatment, excessive stress or strain;

(b)

excessive water pressure or temperature (which do not comply with

the recommended usage below);

(c)

repairs or alterations (other than by an accredited and licensed

technician); and

(d)

attachments of accessories any kind (other than approved Phoenix

Tapware attachments that are correctly installed).

2.3. For the purpose of this Express Warranty, a Phoenix Tapware Product is a

product which:

(a)

was manufactured by or on behalf of Phoenix Tapware;

(b)

bears a trademark owned by Phoenix Tapware;

(c)

was sold by an authorised reseller or distributor of Phoenix Tapware;

and

(d)

was purchased in Australia or New Zealand.

2.4. This Express Warranty commences on the earlier of:

(a)

the date of purchase or, for new buildings, the date of handover; or

(b)

the date of installation, provided the date of installation is no

greater than twelve (12) months from the date of purchase,

and will continue for the relevant periods set out in the warranty period

tables below.

2.5. It is the installer/consumer’s responsibility to ensure:

(a)

the Product is not damaged prior to installation;

(b)

the Product has all of its components; and

(c)

required maintenance is performed on the Product.

2.6. The Express Warranties provided in this Warranty Card are personal to

the Consumer who acquires the Product from the relevant retailer for

their own consumption or use and not for resale or resupply. Accordingly,

claims made pursuant to this express warranty cannot be made by

anyone other than the Consumer.

2.7. If the Express Warranty:

(a)

is covered by a parts and labour warranty, the warranty covers both

the repair of the defective part or the provision of a spare part to

replace the defective part but does not cover the installation of

that part to the extent that the installation requires the removal,

alteration, repair or change to a connecting surface or any indirect

or consequential building works; or

(b)

is covered by a parts only warranty, the warranty covers only the

repair of the defective part or the provision of a spare part to

replace the defective part and does not include the removal of the

defective part or the installation of the repaired or replaced part.

2.8. In addition to this Express Warranty, our Products come with consumer

guarantees that under the Consumer Law cannot be excluded,

restricted or modified under this Express Warranty. You are entitled to a

replacement or refund for a major failure and compensation for any other

loss or damage. You are also entitled to have the Products repaired or

replaced if the Products fail to be of acceptable quality and the failure

does not amount to a major failure.

3.

Warranty Periods

3.1. Residential

Phoenix Tapware warrants that the below Products which are purchased

by consumers for use in a residential home will be free from all defects in

materials and workmanship for the periods specified below.

1 Excludes damage to ceramic disc cartridges from pieces of copper tube, plastic

tube, sand, dirt, or thread tape etc. 2 Excludes filter housing on Filtered Sink Mixer;

1 year parts only. In order to claim, receipts must be presented to verify filter

cartridges have been replaced as specified (every 6 months). 3 Excludes jumper

valves and ceramic disc spindles; 1 year parts only. 4 Chrome finish covered under

standard replacement product or parts warranty. 5 Excludes Drains and ‘tea staining’,

refer to care instructions https://www.phoenixtapware.com.au/faq-category/

cleaning-and-care/

3.2. Commercial

Phoenix Tapware warrants that the below Products which are purchased

by consumers for use other than in a residential home (e.g. hotels, aged

care facilities, hospitals, schools, factories, motels) will be free from all

defects in materials and workmanship for the periods specified below.

1 Excludes damage to ceramic disc cartridges from pieces of copper tube, plastic

tube, sand, dirt, or thread tape etc.

3.3. Builders Range Residential & Commercial

Phoenix Tapware warrants that the below Products which are purchased

by consumers will be free from all defects in materials and workmanship

for the periods specified below.

Residential Warranty

Category

Period (Yrs)

Details

Mixers

Lifetime / 15

/ 7 / 1

Lifetime -

15 Years -

7 Years -

1 Year -

Replacement European cartridge1

Replacement standard cartridge1

Replacement product or parts2

Labour

Tapware &

Outlets

7 / 1

7 Years -

1 Year -

Replacement product or parts3

Labour

NX Showers

Lifetime / 1

Lifetime -

1 Year -

Replacement product or parts

Labour

Standard

Showers

15 / 1

15 Years -

1 Year -

Replacement product or parts

Labour

Accessories

7 Years - Replacement product or parts

Drains

10

10 Years - Replacement product or parts

Wastes &

Traps

1 Year -

Replacement product or parts

Non-chrome

Finish4

Lifetime / 7

/ 3 / 1

Lifetime -

7 Years -

3 Years -

1 Year -

NX Showers and Stainless Steel 316

products 5

Mixers, Tapware, Outlets & Accessories

Standard Showers

Drains, Wastes & Traps

Commercial Warranty

Category

Period (Yrs)

Details

Mixers,

Tapware &

Outlets

15 / 7 / 1

15 Years -

7 Years -

1 Year -

Replacement mixer cartridge1

Replacement product or parts

Labour, finish, jumper valves, ceramic

disc spindles, hoses, sink mixer hand

pieces, filter housing

Showers

7 / 1

7 Years -

1 Year -

Replacement product or parts

Labour, finish, sliders, mounting brackets,

fixings, soap dishes, caps, hoses

Drains

10 / 1

10 Years -

1 Year -

Replacement product or parts

Finish

Accessories,

Wastes &

Traps

1 Year -

Replacement product or parts

Warranty

VIC Office & Warehouse

926 Mountain Hwy, Bayswater

VIC 3153, Australia

Ph +61 3 9780 4200

WA Office & Warehouse

23/10 Geddes Street, Balcatta WA

6021, Australia

Ph +61 8 6147 9330

Phoenix Industries Pty Ltd

ABN 48 007 215 876

— phoenixtapware.com.au

1 Excludes damage to ceramic disc cartridges from pieces of copper tube, plastic

tube, sand, dirt, or thread tape etc. 2 Excludes jumper valves and ceramic disc

spindles; 1 year parts only. 3 Chrome finish covered under standard replacement

product or parts warranty.

4.

Warranty Exclusions

To the maximum extent permitted by the Consumer Law, the Express

Warranties will not apply and Phoenix Tapware will not be liable for any

Loss or damage, whether to the Product itself, surrounding surfaces

including walls, fixtures, furniture or any other Consequential Loss caused

by a defect in the Product where:

(a)

the Consumer is unable to provide proof of purchase or equivalent

documentation which confirms that the relevant Product was

purchased from a Phoenix Tapware authorised distributor or

reseller;

(b)

the relevant Product is not a product which was manufactured or

imported by Phoenix Tapware with the intention of being supplied in

Australia or New Zealand;

(c)

the relevant Product was not purchased by the Consumer as a

brand new product;

(d)

the relevant Product was not installed by an accredited and

licensed technician, including a plumber or tradesperson, in

accordance with the manufacturer’s installation instructions

provided with the Product, including but not limited to:

(i) isolation stop taps must be fitted in accordance with all

applicable National Standards and State Regulations;

(ii) other devices must not be fitted to the outlet or tapware or tap

(e.g. water filters);

(iii) non-approved water flow regulating devices must not be fitted

to the Products; and

(iv) outlet aerator inserts must be regularly cleaned and replaced;

(e)

the relevant Product was not installed to the relevant National

Standards and State Regulations;

(f)

the damage to the relevant Product amounts to fair wear and tear;

(g)

the defective part of the relevant Product is a consumable part that

requires routine replacement;

(h)

the relevant Product was damaged as a result of accident, misuse

(including use for incorrect applications), incorrect installation,

cleaning or maintenance, unauthorised modification, tampering

or unauthorised repairs by any persons, use of defective or

incompatible accessories or exposure to abnormally corrosive

conditions, adhesives or sealants;

(i)

the relevant Product has been exposed to harsh or abnormal

environmental elements;

(j)

the relevant Product has been exposed to water pressures and or

temperatures that fall outside the following parameters:

Note: AS/NZS 3500.1-2003 (Clause 3.3.4) specifies 500kPa maximum water

supply pressure at any outlet within a building for new installations. The

500kPa maximum water supply pressure does not apply to fire service outlets.

(k)

the relevant Product has been exposed to water quality that

falls outside the parameters of potable water in the jurisdiction

into which the Products are supplied, including as a result of any

changes to the water quality advised by a government body or

regulatory agency from time to time;

(l)

the relevant Product is a shower and was used within:

(i) gravity-fed water systems;

(ii) instantaneous hot water systems; or

(iii) systems with a pressure supply less than 150kPa;

(m)

the relevant Product was used incorrectly (e.g. non-potable water);

(n)

the relevant Product was purchased as an ex-display product;

(o)

the relevant product is damaged as a result of obstructions due to

inadequate flushing of the system before use and problems caused

by water supply (e.g. silt, corrosion and excess water pressure);

(p)

the relevant Product has been serviced or repaired with non-

standard or non-Phoenix Industry replacement parts without

Phoenix Tapware’s written approval;

(q)

the relevant Product has been altered, amended, modified or has

in any way been changed from its original sale condition without

Phoenix Tapware’s prior written approval;

(r)

installation, use or removal of the relevant Product results in Water

Hammer, or in any other circumstances Water Hammer occurs,

noting that Water Hammer is not a manufacturing defect;

(s)

a flow regulator was not installed, or installed incorrectly, in respect

of the relevant Product (if applicable) (e.g. tapware and showers);

(t)

regulated check valves were not installed, or were installed

incorrectly, in respect of the relevant Product (if applicable, e.g. for

hand showers);

(u)

the relevant Product’s finish has been damaged as a result of:

(i) installation or post installation use; or

(ii) adhesives, sealants or abrasive cleaners, etc.; or

(v)

the consumer has failed to observe Phoenix Tapware’s

manufacturer’s care and cleaning instructions detailed in section 6

of this Warranty Card.

For cleaning, all that is required to maintain the finish in perfect condition

for a lifetime of use, is a soft cloth to remove surface dust when dry or a

moist cloth with warm soapy water

5.

How to make a claim

5.1. Submitting a claim

To make a warranty claim, the consumer must lodge the claim by

emailing, faxing or posting the following documentation to Phoenix

Tapware as soon as possible, but no later than ten (10) Business Days

after the consumer first become aware of the damage or defect:

(a)

proof of purchase (e.g. invoice or receipt) or certificate for

occupancy or handover documentation for new homes;

(b)

plumbing installation receipts (if applicable); and

(c)

warranty claim form, accessible from Phoenix Tapware’s website at

https://www.phoenixtapware.com.au/warranty.

If the Product has not been installed, you can return the Product with

your proof of purchase to the relevant Phoenix Industries authorised

distributor or retailer.

Our contact details are as follows:

Name:

Phoenix Industries Pty Ltd

Address:

926 Mountain Hwy, Bayswater VIC 3153

Telephone:

+61 3 9780 4242

Email:

aftersales@phoenixtapware.com.au

Claims will be processed through Phoenix Tapware’s Customer Service

and each claim will be issued with a claim number which is recorded by

Phoenix Tapware.

5.2. Valid claims

If a Consumer makes a valid claim under this Express Warranty and none

of the exclusions set out in section 4 apply, Phoenix Tapware will, in its

Phoenix Builders Warranty

Category

Period (Yrs)

Details

Mixers, Tapware

& Outlets

15 / 7 / 1

15 Years -

7 Years -

1 Year -

Replacement mixer cartridge1

Replacement product or parts2

Labour, hoses

Showers

7 / 1

7 Years -

1 Year -

Replacement product or parts

Labour, sliders, mounting brackets,

fixings, soap dishes, caps, hoses

Accessories

7 Years - Replacement product or parts

Non-chrome

finish3

1 Year -

All Products

Maximum Temperature

75 degrees centigrade

Maximum Pressure

500kPa

Minimum Temperature

1 degree centigrade

Minimum Pressure

150kPa (300kPa for Shower / Bath Diverters)

Warranty

VIC Office & Warehouse

926 Mountain Hwy, Bayswater

VIC 3153, Australia

Ph +61 3 9780 4200

WA Office & Warehouse

23/10 Geddes Street, Balcatta WA

6021, Australia

Ph +61 8 6147 9330

Phoenix Industries Pty Ltd

ABN 48 007 215 876

— phoenixtapware.com.au

sole discretion, either:

(a)

repair the relevant part of the Product; or

(b)

replace the relevant part of the Product with a product of identical

specification (or where the Product is superseded or no longer in

stock, with a product of as close a specification as possible).

Products presented for repair may be replaced by refurbished products of

the same type rather than being repaired. Refurbished parts may be used

to repair the Products.

Phoenix Tapware will not be liable for any claims for labour, additional

products or parts associated with alleged faulty Product for work not

approved in advance by Phoenix Tapware in writing. Phoenix Tapware

requires adequate access to products, fittings and fixtures to undertake

warranty repairs. Phoenix Tapware will not be responsible for any damage

or costs (including any consequential damage or costs) where adequate

access to product fittings and fixtures is not easily accessible.

Any work carried out in relation to a warranty claim is limited to the pre-

approved scope of work. Additional work will require authorization from

Phoenix Tapware’s After Sales & Services Departments.

5.3. Invalid claims

Should any warranty claim be made and, in the opinion of Phoenix

Tapware or a Phoenix Tapware authorised Service Agent the problem

was from faulty installation or use of the Products in conjunction with

products of another manufacturer or from some other cause other than

a manufacturing defect to the Products for which Phoenix Tapware is

responsible, Phoenix Tapware has the right to charge a service fee for

each service staff attending the consumer’s premise where Products

have been installed.

6.

Product Care and Maintenance

If treated in accordance with the below advice and instructions, and any

specific instructions provided with a Product, Phoenix Tapware Products

will endure for many years. These instructions are based on our expert

knowledge and experience but are not to be construed as a legal warranty

or liability on our party.

6.1. All products

Products should be cleaned with mild liquid detergent or soap and water.

Never use harsh detergents, citrus based cleaners, or abrasive cleaners

such as citrus based products, on any Products as these will scratch

and damage the surface. Additionally, use of wax based furniture cream

should be avoided as these can result in a build-up of deposits, which

could detract from the appearance.

Do not use undue pressure when wiping.

6.2. Tapware

Under no circumstances should tapware be installed using silicone.

Phoenix Tapware reserves the right to alter, or amend this warranty offer

in writing at any time. Phoenix Tapware reserves the right to provide

minor components (including, but not limited to, handles, aerators,

buttons, dress rings, hinges, clips, rod and washers) as ‘Parts Only’ to the

Customer.

6.3. Maintenance

Regularly clean or replace dirty or blocked outlet aerator inserts in

tapware and/or shower heads.

7.

Definitions

In this Warranty Card, the words below have the following meanings:

(a)

Business Day means any day except a Saturday, Sunday or public

holiday in Victoria, Australia;

(b)

Consequential Loss means loss beyond the normal measure of

damages and includes indirect loss, loss of reputation, loss of

profits, loss of actual or anticipated savings, loss of bargain and loss

opportunities;

(c)

Consumer has the meaning provided to it in the Consumer Law;

(d)

Consumer Law means the Schedule 2 of the Competition and

Consumer Act 2010 (Cth) referred to as the Australian Consumer

Law, any equivalent State or Territory legislation, and the equivalent

legislation or statutory regime in the jurisdiction in which:

(i) the Customer is registered or operates; or

(ii) the Products are supplied,

as the context requires;

(e)

Customer means the entity or person requesting that Products be

supplied to it by the Company;

(f)

Loss means any loss, liability, cost, expense, damage, charge,

penalty, outgoing or payment however arising, whether present,

unascertained, immediate, future or contingent and includes direct

loss and Consequential Loss;

(g)

National Standards and State Regulations means all national

standards and state regulations applicable to the Products,

including but not limited to the installation, maintenance and

removal of the Products in the country in which the Products are

installed, being either Australia or New Zealand;

(h)

Phoenix Tapware means Phoenix Industries Pty Ltd (ABN 48 007

215 876) of 926 Mountain Highway, Bayswater, Victoria 3153 trading

as ‘Phoenix Tapware’;

(i)

Products means the products to be supplied by the Company to

the Customer;

(j)

Warranty Card means this warranty card which sets out the

Express Warranties; and

(k)

Water Hammer means the hydraulic shock caused by a pressure

surge when water in motion experiences a momentum change by

being forced to stop or change direction suddenly, commonly as

a result of the rapid closing of a valve or stopper at the end of a

pipeline system.

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