Thank you for using Omron ("Omron") products. These Warranty and Limitation of Liability (or any more recent version in effect when you purchase an Omron Product) ("Warranty Terms") applies to all Omron Products regardless of where you purchased the Omron Products. When you place an order, you are deemed to agree to the Warranty Terms, unless otherwise agreed in writing.
Omron is located at Unit 6, 108 Silverwater Road, Silverwater NSW 2128, AUSTRALIA and may be contacted by calling 1300-766-766 or emailing firstname.lastname@example.org
The following terms used herein are defined as follows:
(1) Omron Products: FA system equipment, general-purpose control devices, sensors, and electronic/mechanical components under Omron brand.
(2) Catalogues: Omron catalogues, including, without limitation, Omron "Best" Control Equipment Catalogue, and General Catalogue for Electronic/Mechanical Components, specifications, instructions and user manuals for Omron Products, whether or not provided electronically.
(3) Usage Conditions: Usage conditions, rating, performance, operating environment, handling instructions, warnings, restrictions on use, etc. of Omron Products described in the Catalogues.
(4) Customer Application: Any application of Omron Products by a customer to include, but are not limited to, embedding and/or using Omron Products in their parts/components, electronic substrates, devices, equipment or systems manufactured by customers.
(5) Fitness: (a) fitness for a particular purpose, (b) performance, (c) non-infringement of third-party intellectual property, (d) compliance with laws and regulations and (e) conformity to standards of an Omron Product.
(6) Australian Consumer Law or ACL: Schedule 2 to the Competition and Consumer Act 2010 (Cth).
(7) Consumer Guarantee: a Consumer Guarantee applicable to these Warranty Terms under the Australian Consumer Law.
You are deemed to accept the following points regarding the descriptions provided of Omron Products in the Catalogues when you adopt or use an Omron Product
(1) Rated values and performance values are based on stand-alone tests using each separate condition, and Omron does NOT warrant any rated values and performance values for multiple composite conditions.
(2) Reference data is provided for your reference only. Omron does NOT warrant that Omron Products work properly at all times as provided in the reference data.
(3) Application examples are provided for your reference only. Omron does NOT warrant the Fitness of Omron Products under such application.
(4) Omron may discontinue the production of Omron Products or change their specifications for the purpose of improving such products or for other reasons entirely at its own discretion and is under no obligation to notify you of any such change.
You are deemed to accept the following terms when you adopt or use Omron Products
(1) Use Omron Products in compliance with Usage Conditions including rating and performance.
(2) Confirm Fitness of Omron Products in Customer Application and use your own judgment to determine the appropriateness of using them in such application. Omron does NOT warrant the Fitness of Omron Products in Customer Application.
(3) Confirm that Omron Products are properly wired and installed for their intended use in your overall system.
(4) When using Omron Products, make sure to (i) maintain a margin of safety in relation to the published rated and performance values, (ii) design to minimize risks to any Customer Application in case of failure of any Omron Products, such as introducing redundancy, (iii) adopt system-wide safety measures to notify risks to users, and (iv) conduct regular maintenance on Omron Products and Customer Application.
(5) Omron Products are designed and manufactured as general-purpose products for use in general industrial products. They are not intended to be used in the applications described in subsection 3.(5)(a), (b), (c) and (d) below. If you are using Omron Products in the applications described below, Omron does not provide any warranty for such Omron Products, except for specific applications where Omron has specified that it intends to provide a warranty or by separate written agreement between the customer and Omron.
(a) Applications with stringent safety requirements, including but not limited to nuclear power control equipment, combustion equipment, aerospace equipment, railway equipment, elevator/lift equipment, amusement equipment, medical equipment, safety devices and other applications that could cause physical injury to a person or result in loss of life.
(b) Applications that require high reliability, including but not limited to supply systems for gas, water and electricity, etc., 24 hour continuous operating systems, financial settlement systems and other applications that handle rights and property.
(c) Applications under severe conditions or in severe environment, including but not limited to outdoor equipment, equipment exposed to chemical contamination, equipment exposed to electromagnetic interference and equipment exposed to vibration and shocks.
(d) Applications under conditions or environments not described in any of the Catalogues.
(6) In addition to the applications listed in subsections 3.(5)(a) to (d) above, Omron Products are not intended for use in automotive applications (including two wheel vehicles). Do NOT use Omron Products for automotive applications. Please contact Omron sales staff in charge of products for automotive use for information about those products.
warrants that Omron Products
will perform in accordance with the specifications set out in the Catalogue, subject to and in accordance with the following:
(1) Warranty period: The Warranty Terms shall apply for one year from the date of purchase by the customer unless otherwise described in Catalogues.
(2) Sole Remedy: Unless required to do otherwise as a result of statutory guarantees or warranties applicable under ACL, Omron will provide, at its own discretion, either of the following two services as the sole remedy for a malfunctioning Omron Product:
- (a) Repair of the malfunctioning Omron Product(s) at an Omron maintenance service location at no charge to the customer (this repair service is not available for electronic/mechanical parts.), or
- (b) Replacement of the malfunctioning Omron Product(s) with the same number of replacement/alternative products at no charge to the customer.
(3) Exceptions: This warranty of Omron Products does not apply if the cause of the malfunction falls under any of the following:
- (a) Usage in a manner other than the original intended use for the Omron Products.
- (b) Usage other than as described in the Usage Conditions.
- (c) Usage that is not in accordance with Section 2 (Descriptions) and Section 3 (Precautions) above.
- (d) Modification or repair made to the Omron Products by other than Omron personnel.
- (e) Software program embedded in the Omron Product by other than Omron or usage of such software.
- (f) Causes which could not have been foreseen with the level of science and technology at the time of shipping from Omron.
- (g) Causes originating from other than Omron or Omron Products (including force majeure such as but not limited to natural disasters).
(4) A customer who intends to make a claim under this Warranty Terms must contact Omron using the email address provided above with (i) proof of purchase; (ii) evidence of the particulars of the claim that give rise to the application of the Warranty Terms; (iii) confirmation that the cause of the malfunction was not an Exception set out above; and (iv) the phone, email and address details of the customer. Unless Omron, at its absolute discretion, determines otherwise, the costs of making a claim under this Warranty Terms shall be borne by the customer.
5. Australian Consumer Law
(1) The Warranty Terms is given by Omron in addition to other rights and remedies which the customer may be entitled to under the ACL. In the event that this agreement constitutes or involves a supply of goods or services to a consumer as defined in the ACL, nothing contained in this agreement excludes, restricts or modifies any condition, guarantee, warranty or other obligation which is applicable to or is conferred on Omron pursuant to the ACL where to exclude, restrict or modify any such condition, warranty or other obligation is unlawful.
(2) To the extent that you are a consumer for the purposes of the ACL:
6. Disclaimer of Warranty; Exclusive Remedies; Limitation of Liability
- (a) Our goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You 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.
- (b) To the full extent permitted by Law, where the benefit of any such condition, warranty or other obligation is conferred upon the customer pursuant to the ACL, Omron's sole liability for breach of any such condition, warranty, guarantee or other obligation will be limited to: (A) the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or (B) the repair of the goods or payment of the cost of having the goods repaired.
TO THE EXTENT PERMITTED BY APPLICABLE LAW:
(1) SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, OTHER THAN AS STATED IN SECTION 4 ABOVE AND SELLER DISCLAIMS AND EXCLUDES ANY WARRANTY OF ANY OTHER KIND.
(2) THE SOLE AND EXCLUSIVE REMEDY FOR MALFUNCTIONING OMRON PRODUCTS SHALL BE AS SET FORTH IN SECTION 4.(2) ABOVE.
(3) OMRON AND THE DISTRIBUTORS OF OMRON PRODUCTS ARE NOT LIABLE FOR ANY DAMAGES WHICH MAY ARISE FROM OR BE RELATED TO OMRON PRODUCTS.
7. Export Controls
Customers of Omron Products shall comply with all applicable laws and regulations of Australia and/or other relevant countries with regard to security export control, when exporting Omron Products and/or technical documents or providing such products and/or documents to a non-resident of Australia. At its discretion Omron may not provide customers with Omron Products and/or technical documents should they fail to comply with such laws and regulations.