BEAUGATES CONCEPT SDN. BHD. (Company No. 201801036296 (1298325-K)) (“Beaugates”), subject to the conditions and limitations listed herein, warrants to the customer that its products (each a “Product” and collectively “Products”), when properly installed according to our guidelines and product technical data sheet at time of installation or purchase is free from manufacturing and workmanship defects in the material for such period of warranty as stated herein. This warranty is limited to the terms and conditions, exclusions and limitations, requirements and legal rights stated in this Product Warranty (“Warranty”). The terms and conditions of this Warranty may be revised, changed, modified or varied by Beaugates from time to time and such revision, changes, modifications and variations shall take effect upon the same being updated in its website or by way of other methods deem fit by Beaugates.
1.WARRANTY PERIOD AND VALIDITY
1.1 The Warranty provided by Beaugates is as follows (where applicable) and each warranty shall be valid for such period as stated in the respective quotation/invoice/delivery order issued by Beaugates:-
No. Type of Product Warranty
1. Manufacturing defects for motor and gear box and motherboard
2. Workmanship warranty including aluminium frame welding points and wall mounting hinges & bearing
3. Powder Coating warranty (natural peel off caused by weather)
4. Parts, accessories or components warranty including48 hours backup function, multifunctional wireless keypad and 4 channel remote control
1.2The Warranty Period shall commence from the date of installation by Beaugates or its authorised distributor or dealer, or purchase of the Products by the customer.
2.SCOPE OF WARRANTY
2.1Beaugates’s obligations under this Warranty shall be limited to the repair and/or replacement only of such Products. Defective parts, accessories or components of the Product will be repaired or replaced with new parts from Beaugates. A refund of the purchase price is not possible without specific agreement with Beaugates.
2.2Beaugates shall have the right to examine and determine whether the Product is defective in materials or workmanship at its sole discretion. This Warranty specifically excludes dismantling and/or reinstalling of such Products. Any Product repaired or replaced as provided herein shall be subject to warranty only for the remainder of the time applicable to the original Warranty Period stipulated in the respective quotation/ invoice/ delivery order issued by Beaugates in accordance with Clause 1.1 above.
2.3Beaugates shall determine whether correction of any defect or failure under this Warranty shall be by repair or replacement. Beaugates’s liability hereunder shall not arise unless all repairs to the Product are made under the supervision of or with the prior written approval of Beaugates. Upon Beaugates’s examination that the Product is defective, Beaugates shall carry out the repair or replace the Product or any of its part, accessory or component thereof which is defective. This Warranty does not cover product parts, accessories or components that are not manufactured by Beaugates, except to the extent of the warranty, if any, given to Beaugates by the actual manufacturer.
3.WARRANTY CLAIM PROCEDURE
3.1All claims filed under this Warranty must be submitted to Beaugates in writing and delivered by registered mail or electronic means during the Warranty Period and not more than fourteen (14) days after notice of any apparent defect and such claim shall include:-
(a)the customer’s name, address and contact number;
(b)proof of purchase such as purchase order, invoice and receipt; and
(c)date of installation or purchase.
3.2All warranty claim notices must be made to Beaugates via instantaneous communication such as WhatsApp, report via call service centre or such other method of notice as notified by Beaugates from time to time. The Customer shall not dismantle the Product(s) unless Beaugates specifically direct the Customer to do so, after contacting Beaugates.
3.3Upon receipt of notice of a warranty claim, Beaugates will, at its sole discretion:
(a)inspect, examine and validate the claimed defect within 3-5 days;
(b)either repair, replace or refinish the Product determined to be defective, but only up to the replacement cost of the defective Product; or
(c)substitute products designated by Beaugates to be of comparable quality in the event the Product originally installed has been discontinued or modified.
3.4Any repairs or replacement of parts, accessories or components to be provided by Beaugates shall be subject to the exclusions set out in Clause 4.
4.1This Warranty specifically excludes:
(a)Any labour charges, transport costs and any other expenses incurred for the removal or installation of the original or replacement Product or repair of the Product.
(b)Damage or failure of the Product, caused by, resulting from, or due to any failure, defect, or damage caused by occurrences beyond Beaugates’s control, including but not limited to:
(i)damage caused by improper installation or results from improper use of the Product, including, but not limited to failure to follow Beaugates’s written installation instructions;
(ii)damage caused by improper repair of the Product or repair not authorized pursuant to this Warranty;
(iii)lack of proper maintenance of the Product or failure to maintain the product as directed by Beaugates;
(iv)defects, failure or damage caused by materials in proximity to the Product or the customer’s own installation of parts, accessories, components or wiring attached to the Product which is not authorised and/or carried out by Beaugates;
(v)damage caused by alteration or modification of the originally installed Product, whether such alteration or modification be by structural additions, changes, replacements or by equipment installation or carried out by Beaugates at the customer’s request or instructions;
(vi)natural causes, including but not limited to humidity, water, natural phenomena, thunderstorms, lightning, earthquakes, hurricanes, tornadoes, fire, flood or other natural acts of God or other extraordinary or unusual events;
(vii)external forces, including but not limited to accident, fire, settlement, movement, deflection, warpage, distortion, faulty construction or design of the structure, misuse of the structure or other failure of the structure;
(viii)vandalism, penetration or damage cause by third parties or foreign objects or agents, including plant or animal life;
(ix)shorts due to a wrong power connection or power fluctuations on the network or blown fuses or damage caused by electrical surges, power surges or power spikes;
(x)customer’s negligence, misuse, abuse or deliberate damage of the Product including banging and breaking the autogates or damage caused by the customer’s contractor/ third party service provider for any work done on the Product; and
(xi)ordinary wear and tear and consumable items including globes, batteries and fuses.
4.2This Warranty applies to the original customer of the Products purchased hereunder and is non-transferable and non-assignable. No other party, including distributors, dealers or installers, is authorised to make any other representation or warranty or assume or create any obligation on behalf of Beaugates other than by referring the customer to this Warranty.
4.3Notwithstanding the foregoing, if the customer vacates from the premises where the Product was installed (“Premises”) by way of a sale or otherwise, the customer may request to novate and transfer this Warranty to the new owner or occupier (“Transfer”), the approval of which may be granted by Beaugates at its sole and absolute discretion. For the avoidance of doubt, if Beaugates does not agree to the Transfer, this Warranty shall be terminated and be of no force and effect from the date the customer vacated from the Premises.
5.LIMITATION OF REMEDIES
Beaugates makes no further representations or warranties of any kind, either express or implied, by fact or law. Beaugates makes no warranties of merchantability and fitness for a particular use, which extend beyond the description as stated herein. Beaugates’s liability and customer’s exclusive remedy for any cause of action arising out of a breach of the warranty is expressly limited to Beaugates’s obligation contained in this Warranty and are expressly in lieu of any and all other obligations, guarantees and warranties, oral or written. Beaugates’s obligations, responsibilities, and/or liability shall be limited to repairing or replacing the defective Products and in no event shall Beaugates be liable for any indirect, special, consequential or incidental damages of any kind, including any damage to the structure, its contents or property or personal injury to any person, that occur as a result of the breach.
6.1This Warranty shall be void if the customer:
(a)fails to make payment, when due, of the full purchase price for the installation or purchase of the Product to Beaugates and/or its distributors or dealers; and/or
(b)does not permit Beaugates or its authorised representative to conduct an inspection and examination pursuant to the warranty claim procedure stated in Clause 3 above; and/or
(c)refuses or rejects for Beaugates to dismantle and remove the Product, where after examination, Beaugates is in the opinion that the Product shall be dismantled and be repaired in its warehouse or cannot be repaired on site.
In such event, Beaugates shall not be liable to perform its obligations under this Warranty and this Warranty shall be terminated immediately without further liability to Beaugates.
6.2Where the Product is retailed by any person other than Beaugates, except for the Warranty set out above, such person has no authority from Beaugates to give any warranty on Beaugates’s behalf in addition to the Warranty set out above.
6.3This Warranty is only applicable for repairs to the Products carried out within Malaysia and for Products in Malaysia.
6.4All Warranty related repairs or replacements will be governed under the law of Malaysia.
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