Timebirds Australia Pty Ltd (Timebirds) warrants its hardware products, software, and any accessories and merchandise against defects in materials and workmanship for one (1) year from the date of original retail purchase (Warranty Period) when used in accordance with Timebirds User Manuals, any instructions or directions for appropriate use, and any other user documentation provided to you with your item(s).
Timebirds does not warrant against fair wear and tear, damaged cause by incorrect or inappropriate use, accidents, abuse, modification, tampering or unauthorised repairs, dissatisfaction due to buyer’s remorse, or damages incurred during transportation, shipping, delivery or where the order is awaiting your collection.
This warranty only applies to customers who have purchased an item directly from Timebirds or an authorised seller of Timebirds for use strictly in accordance with its instructions for use and for intended purposes only. You will be required to provide evidence of your proof of purchase and other documentation when making a claim under this warranty.
This warranty excludes normal depletion of consumable parts such as batteries unless failure has occurred due to a defect in material or workmanship. Timebirds is not liable for any consequential or special damages resulting from any use or inability to use its products, including incorrect or inappropriate usage.
How to make a claim?
If, during the Warranty Period, you discover any defect in the workmanship and materials of any Timebirds products, you must, promptly after such discovery, report the defect to Timebirds by sending an email to team@timebirds.com with the Timebirds product serial number (excluding merchandise), a description of the defect, evidence of the defect, and a copy of the original receipt or proof of purchase. Evidence may be in the form of photos or videos of the defect.
Upon receiving notice of a defect from a customer, Timebirds shall either:
(a) make a preliminary determination of whether the reported defect is eligible for coverage under this warranty; or
(b) require that the part or item subject to the warranty claim to be returned at your cost to Timebirds for assessment of your claim and will provide you with instructions on how to package and ship the item or relevant part to a nominated location.
For the avoidance of doubt, return of the part or item for assessment will not be deemed acceptance of your warranty claim by Timebirds.
Determination of claim
If Timebirds determines that the reported defect is not eligible for coverage under this warranty, Timebirds will notify you of that decision and, at its discretion, may choose to give reasons why such coverage is not available to you.
If you have returned an item or part to Timebirds for assessment of warranty claim and Timebirds determines that the item or part is not defective, the Timebirds will return the part or item to you at your cost. If you do not provide payment to Timebirds of the shipping costs associated with the return of the part or item to you, then your items will be considered as abandoned and Timebirds may deal with the items in its sole discretion.
If Timebirds determines that the reported defect is eligible for coverage under this warranty, Timebirds will notify you, and may, in its sole discretion:
(a) repair the part or item at Timebirds’ facilities; or
(b) provide you with a replacement part or item.
If you have returned an item or part to Timebirds for assessment of warranty claim and Timebirds determines that the item or part is in fact defective, then Timebirds will reimburse you for the costs of shipping the defective item or part to Timebirds for assessment.
Where Timebirds elects to send a replacement part, component, or item, Timebirds may elect to use new, used or refurbished parts that are at least functionally equivalent to the original part when making warranty repairs. The repaired or replaced item or parts, as applicable, will continue to be covered under this warranty for the remainder of the then-current Warranty Period.
Following a preliminary determination, Timebirds will also determine whether a defective part or item should be returned to Timebirds. If Timebirds requests return of a defective part or item (and the part or item has not already been sent back to Timebirds for assessment), it will provide you with instructions on how to package and ship the item or relevant part to a nominated location. Timebirds will bear shipping costs associated with the return of the defective part or item.
All shipments being sent to Timebirds Australia Pty Ltd must be sent under Delivery Duties Paid (DDP) Incoterm. Any shipments that require customs clearance charges will automatically be refused and returned to you at your cost. Timebirds will not pay for any import taxes, duties, or any additional charges for orders being returned to us from overseas.
If the returned parts or item(s) do not present any of the reported defects, Timebirds will give you the option to request that the parts or items be returned to you, and you will be responsible for the return shipping fees (approximately US$20). We will issue you with an invoice sent to your last known email address and payment of our invoice must be made within 30 days of the date on the invoice. If you fail to make payment within the payment terms or are otherwise uncontactable, your item(s) will be considered as abandoned and Timebirds may deal with the item(s) in its sole discretion.
Australian Consumer Guarantees
Our items come with guarantees that cannot be excluded under the Australian Consumer Law. These guarantees may only be available to ‘consumers’ within the meaning of the Australian Consumer Law. You retain all rights under Australian Consumer Law, and you may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You may also be 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. Nothing in this warranty is intended to limit any condition, warranty or right available pursuant to any Australian legislation, except to the extent permitted under such legislation.
Warranty benefits are in addition to rights provided under local consumer laws and does not exclude, limit or suspend your rights arising from their local consumer law. You have the right to choose whether to claim service under Timebirds limited warranty or under your consumer law rights.
This policy is current as at June 20th 2021.
