In this Warranty and the Warranty Registration:
ACL means Australian Consumer Law.
STIHL means STIHL Pty Ltd.
Local STIHL dealer means any dealer in Australia authorised by STIHL to sell STIHL products, whether or not that dealer services / repairs STIHL products.
STIHL product means the STIHL branded product whose details are recorded on the invoice (or other proof of purchase) and Warranty Registration (and includes the battery and charger where supplied).
Warrantor means:
STIHL Pty Ltd
5 Kingston Park Court, Knoxfield, Victoria, Australia, 3180
ACN 004 881 145
ABN 76 004 881 145
Email: csc@stihl.com.au Telephone: 1300 366 665
Warranty means this warranty.
Warranty Period means the period described in section 3 of this Warranty that applies to the STIHL product, as determined by its end-use or product type. However, where section 10 of this Warranty applies, the Warranty Period is double the period described in section 3.
Warranty Registration means the document completed by a STIHL dealer (in any form and however titled) in respect of a STIHL product, which confirms registration of that STIHL product for this Warranty. Unless the context otherwise requires, it includes a copy of that document.
You (and your) refers to the person named as the customer on the Warranty Registration Card.
2.1 This Warranty is provided by STIHL for your sole benefit. To be eligible to make a claim under this Warranty, the Warranty Registration must be completed at the point of purchase and given to you. You should retain the Warranty Registration and proof of purchase so that you are able to make a claim under the Warranty.
2.2 STIHL undertakes to you, subject to the terms and conditions set out in this document and to you complying with them, to repair or replace the STIHL product (at STIHL’s discretion) if the STIHL product fails during the Warranty Period due to a defect in materials or workmanship. Any repair work under this Warranty must be performed in Australia by a local STIHL dealer.
The Warranty Period for your STIHL product commences on the date of sale of the STIHL product and expires at the end of the applicable period set out below:
MAJOR EQUIPMENT:
LITHIUM-ION BATTERIES AND CHARGERS:
MULTITOOL ATTACHMENTS (KM & MM):
4.1 This Warranty applies to, and only to, the STIHL product whose details are recorded in STIHL’s Warranty Database. However, this Warranty does not apply to that STIHL product if that STIHL product was not new when you acquired it or you acquired it by way of auction, online or from a person other than STIHL or a local STIHL dealer. Also, this Warranty does not apply if STIHL has provided a separate warranty to you with regard to the STIHL product.
4.2 This Warranty does not require STIHL to repair or replace a STIHL product if:
4.3 This Warranty is for the benefit of you alone and is non-transferable. You are not entitled to assign any of your rights under this Warranty or transfer any of your obligations to another person.
4.4 This Warranty does not apply to, or in any way cover:
5.1 If you are eligible to make a claim under this Warranty and wish to do so, you must do so at your own expense in the following way:
If a claim validly made under this Warranty is accepted, STIHL will honour the Warranty by meeting its obligations under section 2. There will be no charge for repairs or replacements made to meet STIHL’s obligations under this Warranty (though you may incur other costs in making a claim under this Warranty). Repairs will be scheduled and performed in accordance with the normal work flow of the local STIHL dealer to whom you deliver the STIHL product. The timing of a repair may depend upon the availability of replacement parts and components. STIHL will take reasonable action to ensure that facilities for the repair of goods, and parts for the goods, are reasonably available during the applicable warranty period.
7.1 Except for any liability STIHL may have under, or as a result of, any existing law or regulation that cannot be validly excluded, restricted or modified by STIHL, STIHL’s liability to you or any other person for loss caused or contributed to by the failure of goods (within the meaning of the ACL) supplied by STIHL, or in respect of which STIHL is, or is deemed under the ACL to be, a manufacturer, is limited to the following (at the election of STIHL):
7.2 Further, except for any liability STIHL may have at law that cannot validly be excluded, restricted or modified by STIHL, STIHL is not liable to you or any other person for any Consequential Loss which may be suffered or incurred, or which may arise directly or indirectly from, or in connection with, any STIHL product and /or failure of or fault in any STIHL product, however caused (including negligence).
7.3 In section 7.1, “Loss” means any loss, cost, liability or damage, including legal costs. Further, in section 7.2, “Consequential Loss” means any Loss, however arising, that is:
7.4 Except to the extent expressly set out in this Warranty, STIHL does not make any term, condition, inducement, undertaking, promise or representation(together “representations”) as to any STIHL product or the quality, performance, or freedom from defect, of any STIHL product. To the maximum extent permitted by law, these representations are hereby excluded. Further, no person (including any STIHL dealer) other than STIHL has authority to make any representations on behalf of STIHL.
8.1 STIHL, or the local STIHL dealer to whom you make a claim under this Warranty, must determine whether to accept or reject your claim.
8.2 If you have a complaint about the handling of your Warranty claim, please contact STIHL by any of the means provided in section 1.
9.1 Clauses 9.2 and 9.3 apply if the supply of goods to you comes with consumer guarantees under the ACL.
9.2 Our goods come with guarantees that cannot be excluded under the ACL. 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.
9.3 Your right to have goods repaired or replaced under the ACL lies against the supplier of the goods. STIHL is not the supplier, if the STIHL product was supplied to you by a STIHL dealer, the hirer of STIHL products or any person other than STIHL.
9.4 Your rights under the ACL are not incorporated by, or enforceable under, this Warranty.
9.5 STIHL offers you the benefit of this Warranty in addition to any rights and remedies you may have under existing laws and regulations. This Warranty does not limit or remove those rights or remedies.
10.1 If clause 10 applies, the Warranty Period set out in clause 3 is doubled.
10.2 Clause 10 applies if you buy 1 Litre of HP Ultra or MotoMix in conjunction with any petrol powered “Eligible Product” for Personal/Domestic/Household use (as shown on the Warranty Registration and in STIHL’s Warranty Database). However, clause 10 does not apply if the Warranty Registration or STIHL’s Warranty Database discloses that the purchaser is a company or has an ABN.
10.3 “Eligible products” are STIHL products with the following model designations:
