Pongobyte’s Goods come with guarantees that cannot be excluded under the Australian Consumer Law (the ‘ACL’). You are entitled to a replacement or refund for a major failure of the Product 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 (the ‘Warranty‘).
Please inspect goods immediately upon arrival. You may make a claim under this clause (the ‘Warranty Claim‘) for material defects and workmanship in the Goods within 30 days from the date of purchase (the ‘Warranty Period‘).
In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Pongobyte showing the date of purchase of the Goods, provide a description of the Goods and the price paid for the Goods by sending written notice to Pongobyte at Suite 1002, 10-12 Flushcombe Rd, Blacktown NSW 2148 or by way of email to support@pongobyte.com.au (the ‘Service Address’).
Where the Warranty Claim is accepted then Pongobyte will, at its sole discretion, either repair or replace any defective Goods or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be liable for any postage or shipping costs incurred in facilitating the Warranty Claim. In all circumstances, you must ensure that the Goods are appropriately packed and protected from damage.
The Warranty shall be the sole and exclusive warranty granted by Pongobyte, and shall be the sole and exclusive remedy available to you in addition to any other rights under law in relation to the Goods to which this warranty relates.
In the event a Good provides for a direct manufacturer to customer warranty service, we will alert you of this, and in circumstances where time is of the essence, you can elect to liaise directly with the manufacturer as it may provide a faster turnaround time.
All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
The Warranty does not apply to any appearance of the supplied Goods nor to the additional excluded items set forth below nor to any supplied Goods where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
In the event that you receive the Goods or Services you have purchased, but you simply change your mind, you will not be offered a refund.
In the event that the Goods have been damaged during delivery:
a. Please contact us as soon as possible (at most 5 business days from the date of delivery) and we will discuss whether the Goods can be repaired or returned at reasonable expense for repairs or replacement;
b. Any damaged product must be returned in the condition in which it was received, together with any packaging and other items which you received with the damaged Goods at your expense.
Notwithstanding, any other provisions of these Terms and Conditions, we may refuse to provide a repair, replacement or refund for Goods or Services purchased by you if:
a. you misused the said product in a way which caused the problem;
b. you knew or were made aware of the problem(s) with the product or service before you purchased it;
c. the defect or damage was caused by or resulted from a connection or attachment to the product which was not approved by the Pongobyte or themanufacturer or is not an approved attachment to the product;
d. the product that is repaired or altered by anyone other than an authorised Pongobyte service personnel where a product was disassembled or repaired in such a manner that performance or functionality is affected;
e. the product fails or is damaged as a result of improper storage, operation under abnormal conditions, misuse, neglect, abuse, accident or maladjustment of consumer controls. Short circuiting the equipment will be considered misuse and will cause the product not to be covered by warranty.
f. the defect or damage is due to spills of liquid or other substances, excessive temperature or humidity and environmental conditions;
g. you asked for a service to be done in a certain matter, or you asked for alterations to a product, against our advice, or you were unclear about what you wanted; or
h. any other exceptions that apply under the Australian Consumer Law.
In the event that a product you have purchased fails to meet one or more Consumer Guarantees under the Australian Consumer Law, and the sale is governed by the Australian Consumer Law, we shall bear the cost of shipping theGoods (the ‘Returned Good’), back to you, as well as any cost of shipping anyreplacement product to you.
If the Returned Goods are not faulty, you may be responsible for the associated costs (the ‘Service Fee’) including the costs incurred by Pongobyte in processing your Warranty Claim, any labour costs of both the Pongobyte or the manufacturer and any postage costs incurred by Pongobyte.
If the Returned Good can easily be shipped or returned, then you are responsible for organising the Returned Good to be returned to us. We will send you a Return Authorisation Form (the ‘RMA’) for you to fill in and return to us. We will then provide subsequent shipping instructions. If the Returned Good is eligible for repair, replacement or refund under these Terms (including under Australian Consumer Law) then we will reimburse you for the reasonable postage, shipping or transportation costs for the Returned Good.
Pongobyte accepts no responsibility for any damage nor will they offer a refund, repair or replacement for Returned Goods that have not been appropriately packaged by you and are damaged in transit as a result.
Pongobyte Branded Goods – Extended Warranty
Extended Warranty is offered as an extra level of service for Pongobyte Branded Goods. The components that are used to build these systems carry manufacturers warranty, we will assist you to make claims based on the manufacturer’s warranties, once the Extended Warranty has expired.
If your Pongobyte Branded Goods only include 1 year Extended Warranty (standard inclusion with the purchase of all Pongobyte Branded Goods), there may be extra years of manufacturers based warranty included for individual components in the system after the Extended Warranty has lapsed.
The advantage of having an Extended Warranty is that claims are processed quicker using parts from Pongobyte’s own inventory, bypassing the standard manufacturer’s warranty that can take approximately 2-6 weeks.
If you purchase Pongobyte Branded Goods, you will be given the option of purchasing a Pongobyte Extended Warranty for the Goods for a period of 1 or 2 years.
If you purchase a Pongobyte Extended Warranty, you will receive the following services:
a. where a Pongobyte Branded Good is found to be faulty, we will supply and provide all parts and labour necessary to repair your Pongobyte Branded Good;
b. Pongobyte will at its discretion, replace the faulty part with a manufacturer repaired, refurbished or a new part. If Pongobyte cannot find a replacement part of the same model, it may use a part of equivalent or better quality and performance.
Without limiting any other provisions in these Terms and Conditions, in regard to Pongobyte Branded Goods:
a. Pongobyte will at its own cost repair hardware faults arising and reported by sending written notice to us within 12 months from the date of purchase, or where you have purchased an extra 1 or 2 year Extended Warranty, if the fault is reported within 3 years from the date of Purchase, depending on the type of Extended Warranty you have opted for).
b. Pongobyte may refer repairs to the manufacturer if a specific part requires repair. Where parts are referred to the manufacturer for repair or replacement, Pongobyte has no control over the processing time of the manufacturer or the turnaround time (unless you purchased an Extended Warranty in which case clause 11 applies).
c. Without limiting the above, some components used to build the Pongobyte Branded Goods carry manufacturers warranty, Pongobyte will assist customers to make claims based on the manufacturers warranties, once the Extended Warranty has expired.
d. Pongobyte reserves the right under this clause, to use its sole discretion when repairing a system covered by Extended Warranty with respect to parts being new or refurbished, and where Pongobyte cannot source the same part or brand, they will use a different part or brand of a similar or better performance.
