Botton + Gardiner Express Warranty
Products sold by Botton + Gardiner (registered as Baresque Australia Pty Limited ABN 39 097 110 846) and its subsidiaries come with guarantees that cannot be excluded under Australian Consumer Law. Consumers are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. Consumers are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
In addition to all rights and remedies to which consumers may be entitled under Australian Consumer Law and any other relevant legislation, Botton + Gardiner offers a further express warranty on the terms set out below (Express Warranty).
The benefits given to consumers by this Express Warranty are in addition to other rights and remedies that may be available under a law in relation to the products to which this Express Warranty relates. This Express Warranty does not exclude, restrict or modify any such statutory rights or remedies.
Botton + Gardiner warrants the products sold by it and its subsidiaries to be free from defects in material and workmanship for the warranty periods specified below.
The following products, listed below, are backed by a 5 year warranty.
All remaining items not listed are backed by a 2 year warranty.
Airlie Bin, Avoca Bin, Bellerive Bin, Bondi Bins (all designs), Bowen Bin, Brighton Bin, Bronte Bin,
Bronte Post Bin, Byron Bin, Coogee Bins (all designs), Corindi Bin, Cottesloe Bin, Dunalley, Cigarette Bin, Fremantle Bin, Henley Bin, Leura Bin, Maitland Bin, Mandalay Bin, Manly Bin, Maroubra Bin, Maroubra Capsule Bin, Mindil Bin, Moreton Bin, Noose Bin, Prospect Bin Corral, Torakina Bin, Whitehaven Bin
Avenue Range, Ambra Bench, Austen Modular Bench, Botanist Range, Diamante Seating, FGP Bench and Seat, FGP Collaborative Range**, Giada Bench, Harris Bench and Seat, Ideas Bench and Seat, Isolaurbana Modular Range, Libre Modular Seating, Lorenz Modular Seating, Moonstone Bench, Multiplicity Table, Bench and Seat, Puzzle Bench, Nuvola Table, Bench and Seat, Parallel 42 Bench, Pic Bull Table and Bench, Prospect Truss and Block Ranges, Sarah bench, Sorrento Range, Stone bench, Terrain Table, Bench and Seat, Treeline Modular Seating, Urban Pop Table, Urban Range, Verge Table, Bench and Seat
**External grade finishes only
Austen Modular Planter, Avenue Bollard, Corallo Bollard, FGP Bike Rack, Mamba Planter, Multiplicity Bike Rack, Onice Planter, Prospect Drinking Fountain**, Prospect Bike Rack, Prospect Bollards, Smeraldo Bike Rack, Urban Bollard, Vaso Tree Guard, Verge Bollard, Zaffiro Bollard
**Excludes bubbler head and tap
Botton + Gardiner will pass through to the original purchaser any warranty supplied by other manufacturers to the extent possible.
This Express Warranty covers the sale of Botton + Gardiner products in all countries. Not all of the product lines are marketed by Botton + Gardiner in all countries, and promotion does not imply an offer for sale of a product line in a particular place.
During the applicable warranty period, Botton + Gardiner, as its sole obligation, will repair or replace (at its option) any product, part, or component covered by this warranty and sold after the effective date of this Express Warranty which fails under normal use as a result of a defect in material or workmanship; Botton + Gardiner will repair or replace the aforementioned product, part, or component with a comparable product, part, or component.
This Express Warranty extends only to the original purchasers who acquire new product from Botton + Gardiner, its subsidiaries, or its authorised resellers. Without excluding, restricting or modifying any rights or remedies to which you may be entitled under the Australian Consumer Law or other applicable law, where a product has been purchased second hand, Botton + Gardiner will no longer be liable for claims against product warranties.
The warranty period starts from the date of invoice.
Subject to any rights or remedies to which you may be entitled under the Australian Consumer Law or other applicable law, and without excluding, restricting or modifying any such rights or remedies this document inclusively describes all of the warranties given and remedies available with respect to the Botton + Gardiner’s products and services. Botton + Gardiner and its subsidiaries disclaim any other warranty whether express or implied, statutory or otherwise, in relation to the products.
Without excluding, restricting or modifying any rights or remedies to which you may be entitled under the Australian Consumer Law or other applicable law, Botton + Gardiner does not warrant, and this Express Warranty does not cover any claim, damage, loss or expense arising out of or relating to:
Accident or vandalism;
Abuse, misuse, neglect or unapproved or abnormal use of the product, or damage or accident beyond the product’s limitations
(including but without limitation environmental conditions);
Installation contrary to the instructions provided by Botton + Gardiner or manufacturer and good installation practices;
Installation costs of incorrectly supplied or defective material
Defects caused by the materials on the surface to which the product is applied or affixed
Water damage including from steam or excessive moisture
Heat damage including damage consisting of cracks in and scorching of the product
Heavy weight or impact damage
Abnormal conditions of use, including use on surfaces subject to moisture infiltration or accumulation;
Mould or mildew;
Improper maintenance or failure to maintain;
Improper storage or handling
Use of incompatible adhesive, materials, tools or equipment; and
Design, installation or construction deficiencies of any kind or nature.
Without excluding, restricting or modifying any rights or remedies to which you may be entitled under the Australian Consumer Law or other applicable law, Botton + Gardiner does not warrant, and this Express Warranty does not apply in the case of:
Colour variation within commercial tolerance when compared to samples supplied or within material delivered
Natural variations in wood grain or figure or the presence of character marks;
Changes in surface finishes due to aging or exposure to light or smoke, or changes in environmental conditions, including exposure to sudden or frequent changes in temperature or humidity;
Marks, scars, or wrinkles occurring naturally in leather;
Veins, marks, voids, fissures, or cracks found naturally in stone or concrete;
Failure resulting from normal wear and tear;
Rust resulting from normal wear and tear or chipping of powder coat
The matching of colours, grains, or textures of natural materials;
The colourfastness or the matching of colours of textiles, including an exact match to cuttings, samples, or to swatch cards;
Damage, marking, or staining of veneer surfaces due to contact with rubber or similar compounds; damage from sharp objects or imprinting from writing instruments, or prolonged exposure to direct sunlight; or
Discolouration of textiles due to soiling, stains, or dye transfer from clothing including denim
Botton + Gardiner tests customer supplied items for manufacturing quality only and, without excluding, restricting or modifying any rights or remedies to which you may be entitled under the Australian Consumer Law or other applicable law, does not provide any warranty with regard to these materials.
Botton + Gardiner does not warrant products that are exposed to extreme environmental conditions or that have been subject to improper storage.
Botton + Gardiner’s products meet the requirements of national and specific local codes as stated in the website and other written publications.
TO THE EXTENT ALLOWED BY LAW AND WITHOUT EXCLUDING, RESTRICTING OR MODIFYING THE APPLICATION OR EXERCISE OF ANY RIGHT OR REMEDY TO WHICH YOU MAY BE ENTITLED UNDER AUSTRALIAN CONSUMER LAW OR ANY LIABILITY OF BOTTON + GARDINER IN RELATION TO A FAILURE TO COMPLY WITH A GUARANTEE THAT APPLIES UNDER AUSTRALIAN CONSUMER LAW TO A SUPPLY OF GOODS OR SERVICES, ANY IMPLIED WARRANTIES ARE DISCLAIMED AND, TO THE EXTENT THEY ARE LEGALLY REQUIRED, ARE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS WARRANTY.
UNLESS REQUIRED BY THE AUSTRALIAN CONSUMER LAW OR OTHER APPLICABLE LAW THAT CANNOT BE EXCLUDED, BOTTON + GARDINER SHALL NOT BE LIABLE FOR LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Except as stated above, Botton + Gardiner will not be liable for any loss or damage (including costs) however caused, whether direct or consequential, incurred or suffered by the purchaser or any third party in respect of the products. Nothing contained herein will or will be considered to exclude, restrict or modify the application or exercise of any right or remedy to which a consumer may be entitled under the Australian Consumer Law, nor any liability on Botton + Gardiner’s part in relation to a failure to comply with a guarantee that applies under the Australian Consumer Law to a supply of goods or services or for death or personal injury resulting from negligence.
Warranty Claim Process
To make a warranty claim please ensure you have the following information:
Proof of purchase (copy of your tax invoice, point of sale receipt or sales order);
Image and description of fault;
Address where the product is currently located; and
Contact details of the claimant (must correspond to the purchaser’s details).
Then please contact Botton + Gardiner on p) 1300 762 701 or via email at email@example.com with the details of your warranty claim. Botton + Gardiner will usually respond within two (2) working days. Given the nature of the products sold and location of our manufacturing partners, warranty claims are usually finalised within 30 days if the products or parts are located in Australia. However if the product requires repair using parts that need to be sourced internationally or the product needs to be replaced, this could take up to 3 months.
Note that the customer is responsible for the cost of delivering the product to Botton + Gardiner and picking it up once the warranty process is complete. If the warranty claim is approved by Botton + Gardiner, the costs of providing the remedies as set out in this Express Warranty will be covered by Botton + Gardiner.
For more information about our products and services please call 1300 762 701 or visit us at www.bottongardiner.com.au