Warranty Policy

1. Subject to the terms and exclusions set forth below, Pokit Innovations Pty Ltd ACN 619 605 186 (Pokit Innovations, Us, We or Our) of Suite 2.2, 56 Delhi Road, North Ryde, NSW 2113, Australia, warrants that the product sold with this warranty policy (Limited Warranty) will be free from defects in materials and workmanship under normal use as described in the published product documentation for 12 months from the date of original purchase (Limited Warranty) by its buyer (You and Your) of that product.

2. This Limited Warranty is only valid and enforceable if You have purchased the product directly from Pokit Innovations or Our authorised resellers and distributors (for a list of these current from time to time see Our website at https://www.pokitinnovations.com/).

3. This Limited Warranty does not apply where You have bought the product from a reseller or distributor who is not on Our list of authorised resellers and distributors from time to time.

4. If, at the time of purchase, You were located in the UK or the EU and You bought the product direct from Us or from one of Our authorised resellers or distributors, this Limited Warranty gives You certain legal rights separate from, and in some respects additional to, Your statutory rights under UK and/or EU law or the domestic local laws of Your country of residence being the UK or an EU member state. These includes a right to elect that the domestic local laws of Your country of residence shall apply to the original contract between You and Us; also Your right to a “cooling off period” of 14 days after the date of Your purchase in which You may return the product that you bought, if unopened, for a full refund.

5. If you are based in Australia our products sold and distributed within Australia come with guarantees that cannot be excluded under the Australian Consumer Law. If you are located in Australia, you are entitled to a replacement or refund for a major failure with the product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the product repaired or replaced if the product fails to be of acceptable quality and the failure does not amount to a major failure.

6. If you are based in the United States, this Limited Warranty is given subject to any applicable laws of the United States and applicable state or local law.

7. Note generally that the disclaimers, exclusions, and limitations of liability under this Limited Warranty may not apply to You to the extent prohibited by applicable laws as the laws of certain countries do not permit limitations on how long a warranty lasts or specific exclusions. If You are unsure as to Your full legal rights You are entitled to seek advice as to these including from a relevant consumer advisory service. This Limited Warranty does not affect Your statutory rights.

8.Subject to paragraph 8, where this Limited Warranty attaches to the purchase of one of Our Products, You hereby become entitled on purchase to:

a) a replacement or refund for a major failure of the product which You have bought; or

b) have the product that you bought repaired or (at our election) replaced if the product fails to be of acceptable quality and that failure does not amount to a major failure.

9. To the extent permitted by the Australian Consumer Law and any applicable local law:

a) our obligations under this Limited Warranty are limited to the repair, replacement or refund of covered parts that prove defective under normal use during the Limited Warranty and does not extend to any claim for damages that you or any other person may have for any loss (including without limitation consequential damages or loss of profit, freight/shipping or travel costs), or damage howsoever caused whether or not such loss or damage arises as a result of any defect in the product or from the failure or omission on our part to comply with any obligation at law;

b) in replacing a defective product under the Limited Warranty, we may, at our discretion, substitute a model of equivalent nature where the exact model is unavailable;

c) this Limited Warranty does not apply to fuses, disposable batteries and other consumables supplied with any products;

d) this Limited Warranty does not apply to damage caused by failure and damage caused by improper use or abuse, fair wear and tear, accidents, misuse (including failure to follow instructions regarding care and maintenance of the product), neglect, disassembly, alterations or external causes such as, but not limited to, water damage, exposure to sharp objects, and exposure to excessive force;

e) we are not liable for, and you irrevocably release and discharge Pokit Innovations from, any loss, expense or damages arising out of conduct of defence or award or judgement of or in relation to any claim, action, demand or proceeding relating to or arising out of your improper use of the product, or failure to operate the product in accordance with the instruction manual, including but not limited to death, any injury to people or damage to property suffered by any person (including you and any third party);

f) we may elect, at our discretion and as an alternative to repairing or replacing a defective part to refund the cost of the relevant product upon it being returned to us; and

g) this Limited Warranty does not extend to any products acquired for the purposes of re-supply, or for use in a manufacturing, or repair processes.

10. To make a claim under this Limited Warranty, you must contact Us by phone: +61 1300 611 388, or by email: support@pokitmeter.com to make Us aware of the claim and You will then be required to either:

a) return the product to its place of purchase, with a detailed proof-of-purchase clearly showing the date and detail of the purchase; or

b) ship the product to our warehouse located at Suite 2.01, 56 Delhi Road, Sydney, NSW 2113, Australia with a detailed proof-of-purchase clearly showing the date and detail of the purchase. All transport to and from Our warehouse will be at Your cost, unless otherwise agreed in writing. All returned parts for which You have received a replacement will become Our property.

11. TO THE EXTENT PERMITTED BY LAW, POKIT INNOVATIONS PTY LTD AND ITS VENDORS DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY SIMILAR STANDARD IMPOSED BY APPLICABLE LEGISLATION AND POKIT INNOVATIONS PTY LTD’S RESPONSIBILITY TO REPAIR, REPLACE, OR OFFER A REFUND FOR DEFECTIVE PRODUCTS IS THE SOLE AND EXCLUSIVE REMEDY PROVIDED TO ITS CUSTOMERS UNDER THIS WARRANTY.

12. IN NO EVENT WILL POKIT INNOVATIONS BE LIABLE TO YOU OR ANY OTHER PARTY CLAIMING THROUGH YOU AS CUSTOMER FOR ANY DAMAGES IN EXCESS OF THE PRICE PAID BY YOU FOR THE PRODUCT OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR FOR ANY LOSS OF PROFIT OR REVENUE HOWSOEVER CAUSED WHETHER OR NOT SUCH LOSS OR DAMAGE ARISES AS A RESULT OF ANY DEFECT IN THE PRODUCT OR FROM THE FAILURE OR OMISSION OF POKIT INNOVATIONS.

13. This Limited Warranty is Your exclusive contractual warranty and replaces all other contractual warranties or conditions, express or implied, including, but not limited to, any implied warranties or conditions of merchantability or fitness for a particular purpose.

14. If any of the provisions in this Limited Warranty shall be held to be illegal or unenforceable, that term or condition shall be severed from the Limited Warranty and the legality or enforceability of the remaining terms and conditions shall not be affected.

15. We expressly reserve the right to make changes to this Limited Warranty from time to time to appropriately accord with any divergence in the laws that may affect this Limited Warranty.

16. Subject to any statutory right to the contrary, this Limited Warranty is governed by and construed under the laws of New South Wales, Australia and any dispute or claim (including non-contractual dispute or claims) arising out of or in connection with it or its subject matter or formation shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

17. No person other than a director of Pokit Innovations is authorised to make any modification, extension, or addition to the terms of this Limited Warranty.

18. Nothing in this Limited Warranty seeks to excludes or limits in any way Our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence, for fraud or for fraudulent misrepresentation.

19. If you have any questions concerning this warranty policy, you may contact us by phone: +61 1300 611 388 or by email: support@pokitmeter.com.