Captis Series 2 Product Warrantyy

Version Date: 17 May 2024

1. General

(a) This limited product warranty will not apply where you have agreed an express warranty with us for the supply of Products.

(b) This is a limited warranty (Warranty) for the following Products manufactured by Kallipr Pty Ltd ACN 619 635 924 (Kallipr, we, us or our):

(i) Captis® Series 2 product (excluding the battery pack) (Device); and 

(ii) the removable battery pack that is utilised with the Device, whether supplied with the Device or separately (Battery);

(iii) Kallipr Radar Sensor (Radar); and

(iv) Kallipr bracket accessories (Kallipr Accessories). 

(c) The benefits provided to you under this Warranty are in addition to other rights and remedies available to consumers under the Australian Consumer Law.

(d) Where applicable, this is the Warranty referred to in the terms applicable to your purchase from Kallipr (Terms).

2. Who is responsible for what?

(a) Kallipr only provides a Warranty for the Products described in paragraph 1(a).

(b) Unless expressly agreed in writing:

(i) Kallipr is not responsible for any third party products or services which are provided in connection with the Product, including without limitation in respect of any accessories or other parts which are separable from the Devices and are not manufactured by Kallipr (regardless of whether supplied by Kallipr); and

(ii) to the extent that any third party product or service is provided with a warranty from the original equipment manufacturer or original supplier (as applicable), Kallipr will use its reasonable endeavours to pass on the benefit of such corresponding warranty, but otherwise has no obligation with respect to such warranty.

3. Warranty offered by Kallipr

(a) Kallipr warrants that each Product will be free from defects in materials and workmanship that arise within the Warranty Period for that Product.

(b) Unless further extended under paragraphs (c) or (d), the Warranty Period for a Product is:

(i) for a Device or for a Device and Battery sold as a combined Product, the period commencing on the date of purchase and ending three years after the earlier to occur of:

(A) 6 months from the date of purchase; and

(B) the date of first Activation; and

(ii) in all other circumstances, a three-year period commencing on the date of purchase.

For the purposes of this paragraph, Activation means a device has completed three or more device state changes from deep-sleep mode to active and/or has completed three or more transmissions.

(c) Where Kallipr:

(i) repairs or replaces a Device within the Warranty Period for that Device, a further 12-month warranty will apply to that repaired or replaced Device from the date that Kallipr dispatches the repaired or replaced Device to you;

(ii) replaces a Battery within the Warranty Period for that Battery, a further 3-year warranty will apply to that replaced Battery from the date that Kallipr dispatches the replaced Battery to you;

(iii) repairs or replaces a Radar within the Warranty Period for that Radar, a further 12-month warranty will apply to that repaired or replaced Radar from the date that Kallipr dispatches the repaired or replaced Radar to you; and

(iv) repairs or replaces a Kallipr Accessory within the Warranty Period for that Kallipr Accessory, a further 12-month warranty will apply to that repaired or replaced Kallipr Accessory from the date that Kallipr dispatches the repaired or replaced Kallipr Accessory to you.

(d) The Warranty Period for the Device, a Device and Battery sold as a combined Product, Radar and Kallipr Accessories may be extended for a further 3 years if you purchase the optional 3-year extended warranty at the time of purchase of the Products. For the avoidance of doubt, the optional 3-year extended warranty:

(i) is not available for purchase after the time of purchase; and

(ii) is not offered for the Battery as a standalone Product.

(e) The Warranty covers the original purchaser of the Product only and cannot be transferred to anyone else. For the avoidance of doubt, this Warranty will cover purchases of the Product through an authorised distributor or sub-distributor of Kallipr.

(f) This Warranty has no application to products or accessories of the Product that are not manufactured by Kallipr.

4. What is the scope of the Warranty?

The Warranty applies to authorised Products manufactured by us and purchased by you. Products purchased at a discount with noted defects are exempt from warranty coverage. The following are also exclusions to the Warranty:

(a) any use of the Product not in accordance with any product manuals, user guides, product data sheets or similar documents or information setting out information regarding proper use of the Product, as advised by Kallipr to you or otherwise generally available on Kallipr’s website at https://kallipr.com/;

(b) any consumable forming part of the Product or any cosmetic damage to the product, except where this has occurred due to a defect in our materials or workmanship; 

(c) where there have been evasive inspections, alterations, modifications, reinstallation, tampering, attempted repair or any other changes made independently and without our consent, to the Product including but not limited to the connection of any non-approved sensors and device configuration; 

(d) damage resulting from an impact or fall; 

(e) damage resulting from rough handling; 

(f) damage resulting from excessive vibration; 

(g) damage resulting from any accidents, neglect or disassembly; 

(h) damage resulting from natural causes (including flooding resulting from heaving rain or lightning); 

(i) damage resulting from external causes; 

(j) failure by you to follow our instructions or guidelines, including where the product has not been installed by a Captis® certified installer following the official Captis® Installation Guides. including but not limited to those set out in paragraph 4(a); 

(k) failure by you to store the device at any recommended storage temperature made known to you, including but not limited to where captured under paragraph 4(a); 

(l) damage resulting from vermin infestations; and 

(m) fair wear and tear or anything otherwise resulting from normal aging. 

5. How do I make a claim?

(a) If you believe a Product is defective and covered by the Warranty, please contact us on the below details:

(i) Email: support@kallipr.com; and

(ii) Telephone: (+61) 1800 646 828.

(b) You acknowledge and agree that in making a claim, you will make available to Kallipr all reasonable information required to assess your claim, including without limitation the Product health and event data. Such data includes, but is not limited to, the operating and performance data, minimum, maximum and mean values of RSRP and temperature along with the number of transmissions in non-volatile memory onboard the Product. 

6. What happens after I make a claim?

(a) We will liaise with you as soon as reasonably practicable and provide instructions to return the Product either to:

(i) its place of purchase, with a detailed proof of purchase clearly showing the date and detail of the purchase; or 

(ii) our warehouse located at Unit 2, Building 2, 61 Metroplex Ave, Murrarie QLD 4172 Australia, with a detailed proof of purchase clearly showing the date and detail of the purchase. All costs related to the return and re-installation of the Product to Kallipr will be at your cost, unless otherwise agreed by us in writing. This includes but is not limited to costs of removal, demobilisation and re-installation of the relevant Product. 

(b) All returned Products or any associated parts for which you receive a replacement will become our property upon providing you with the relevant replacement. 

(c) In circumstances where we determine that your Warranty claim is valid, you will be reimbursed for your reasonable expenses arising directly in connection with the return of the Product subject to the relevant Warranty claim, provided that these are incurred after the claim is notified to us. You must provide evidence of your reasonable expenses to claim reimbursement. Where a Warranty claim is not valid, you will be responsible for our standard rates for professional services. 

(d) Without limiting any of your statutory rights, where we consider that your claim is not within this Warranty, we will advise you of this and you may elect to proceed with any relevant repair or replacement in your discretion. If you elect to proceed, we may charge you a fee under this Warranty for this and for any direct costs associated with this. 

7. Wat are our obligations if you make a valid claim?

Our obligations under the Warranty are limited to, at our election, the repair, replacement or refund of the defective Product. 

8. Australian Consumer Law

Notwithstanding this Warranty, our goods come with guarantees that cannot be excluded under the Australian Consumer Law.  

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.

9. Limitation of liability

Subject to paragraph 11, this Warranty does not affect or override any limitations on Kallipr’s liability that you have agreed with us as set out in the Terms.

For the avoidance of doubt, to the maximum extent permitted by law, we are not liable for consequential loss resulting from any breach of this Warranty, including but not limited to loss of revenue, loss of actual or anticipated profits, loss of business, loss of opportunity, loss of goodwill or loss of reputation.

10. Amendments to this Warranty

Kallipr may make changes to this document from time to time for future purchases of the Products. This version of the document is applicable as at the date that the warranty period starts for your purchased Products.