Warranty Statement

1. INTRODUCTION

At Spectur Limited (ACN 140 151 579) (Spectur, we, us, our), we take quality control seriously as we understand that the standard of products and services is important to customers.

For peace of mind, most of our products and services come with a standard manufacturer’s/service provider’s warranty. Extended warranties are also available for purchase in relation to certain products. These warranties are intended for customers to whom we supply products (by way of sale or lease) and/or related services (Customers).

This document sets out the terms and conditions on which our warranties are provided. It is intended to be read in conjunction with our Standard Terms of Trade, a copy which can be found at our website (https://spectur.co.nz/terms- and-conditions/) or by email to [email protected].

Our warranties are provided in addition to any mandatory consumer rights and remedies to which our Customers may be entitled under:

• in Australia – the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law set out in Schedule 2 of the Act) and similar state and territory legislation;
• in New Zealand – the Consumer Guarantees Act 1993 (NZ) (Consumer Guarantees Act),

which may not be excluded or modified by contract (Mandatory Rights). Nothing in this document is intended to have the effect of excluding or modifying any Mandatory Rights.

2. CONSUMER RIGHTS

2.1 Australian consumers

The following warranty applies if the Customer is a “consumer” under the Australian Consumer Law and either:

• the price of goods or services is less than the amount prescribed under the Australian Consumer Law; or
• the goods or services are of a kind ordinarily acquired for personal, domestic or household use or consumption (irrespective of the price).

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.For major failures with the service, you are entitled:

• tocancelyourservicecontractwithus;and
• toa refund for theunused portion, or compensation for itsreducedvalue.

You are also entitled to choose a refund or replacement for major failures with goods.If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time.If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

To the maximum extent permitted by law, Spectur’s liability in relation to any breach or failure to comply with a Mandatory

Right under the Australian Consumer Law is limited to the following, at Spectur’s discretion:

• in the case of goods:
  • replacement of the goods or the supply of equivalent goods;
  • repair of the goods;
  • payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • payment of the cost of having the goods repaired; and
• in the case of services:
  • supply of the services again; or
  • payment of the cost of having the services supplied again.

2.2 New Zealand consumers

To the maximum extent permitted by law, the Consumer Guarantees Act will not apply to commercial products and services supplied by Spectur to a Customer.

However, if a Customer is a “consumer” under the Consumer Guarantees Act, the mandatory guarantees and rights under that Act will apply to the products and services supplied by Spectur to that Customer, to the minimum extent required by law. In such case, Spectur’s liability in relation to any breach or failure to comply with a Mandatory Right under the Consumer Guarantees Act is limited, at Spectur’s discretion, to the remedies listed in paragraph 2.1.

3. LIMITED PRODUCT WARRANTY

3.1 Warranty

Spectur warrants that, for the relevant warranty period in paragraph 3.2, and with normal use and service, Covered Products (including materials used in Covered Products) will be free from defects arising wholly or substantially from faulty parts, manufacture or workmanship (Product Warranty).

The Product Warranty is given on and subject to the terms and conditions set out in this document.

3.2 Coverage and warranty periods

The products covered by the Product Warranty and the warranty periods applicable to each level of the Product Warranty are set out in the table below.

For the purposes of the table:

• “System Component” means the metal system bodies, frames, poles, brackets and bases that form part of an integrated system;
• “Electrical Component” means the components of a Product other than the System Components; and
• “Product” means a product which:
  • was manufactured by or on behalf of Spectur;
  • bears Spectur’s branding; and
  • was sold/leased by Spectur or an authorised reseller/distributor of Spectur; and
  • was purchased in Australia or New Zealand, or leased in Australia or New Zealand, and includes any batteries supplied with such product.

3.3 General exclusions

The Product Warranty excludes the following:

• normal wear and tear to a Covered Product;
• repair of cosmetic damage not affecting the functionality of a Covered Product;
• replacement of a consumable part or parts used in a Covered Product;
• conducting general servicing or preventative maintenance in relation to a Covered Product;
• replacement of a Covered Product that is lost or stolen;
• repair of a defect, fault or damage to a Covered Product that is caused by or attributable to an act or omission on the part of the Customer;
• repair of a fault or damage to a Covered Product that is caused by any other non-Spectur products, machines, equipment or consumables;
• repair of a fault or damage to a Covered Product that is caused by reckless, abusive, wilful or intentional conduct by a person other than Spectur;
• repair of a fault or damage caused by use of a Covered Product in a manner that is not normal or was not intended by Spectur, or by continued use of Covered Products after any defect or fault becomes apparent or would have become apparent to a reasonably prudent operator or user;
• installation, removal, relocation or disposal of a Covered Product (including any temporary replacement provided during general servicing or maintenance);
• if a Covered Product has been installed by the Customer, repair of any fault or damage to a Covered Product
• (regardless of the cause) if the installation of that Covered Product did not comply with Spectur’s instructions for self- installation;
• repair of any fault or damage to a Covered Product (regardless of the cause) if the Covered Product has been opened, serviced, modified or altered by anyone other than Spectur or an authorised representative of Spectur;
• repair of any fault or damage to a Covered Product with a serial number that has been altered, defaced or removed; or
• repair any fault or damage caused by:
  • an act of God, unusually severe weather (including a cyclone, hurricane, typhoon or similar), earthquake, fire, subsidence, land slide, mud slide, wash-out, explosion, radioactive contamination or natural disaster; or
  • terrorism, insurrection, revolution or civil disorder, act of public enemies, malicious damage, sabotage, vandalism, war (whether declared or undeclared) or a military operation, blockade or riot.

3.4 General conditions

The Product Warranty is subject to the following general conditions:

(a) Compliance

To make a claim under the Product Warranty, the Customer must:

• have complied in all material respects with the instructions as to handling, transportation, storage, installation maintenance, servicing, use and operation of the Covered Products (as applicable) provided by Spectur or that otherwise accompanied the Covered Product when delivered;
• have paid all amounts due and payable to Spectur in relation to the Covered Products, and any other products or services; and
• not be in breach of any material term or condition of any contract between the Customer and Spectur in relation to the supply of the Covered Product.

(b) Inspection

The Customer must afford Spectur an opportunity to inspect a defective or faulty Covered Product as soon as practicable following the issue of a Warranty Claim Notice (see paragraph 5.1).

Spectur may conduct an inspection on-site where the Covered Product is installed or located, or may require the Covered Product be returned to a Spectur office or facility that it nominates.

Spectur’s costs of conducting an on-site inspection will be borne by the Customer, unless the defect or fault is subsequently found to be covered by the Product Warranty.

(c) Return

Spectur may require a Covered Product to be returned to its office or facility for inspection and/or to perform repairs. The Customer will be responsible for arranging return delivery at its own cost.

The Customer must adequately package the Covered Product to ensure that it is not damaged during return delivery. Should it be confirmed that there is indeed a product fault, we will refund your freight costs to return the item.

If the defect or fault is subsequently found to be covered by the Product Warranty, Spectur will refund the return delivery costs.

(d) Non-transferrable

The Product Warranty is personal to the Customer and is not assignable/transferrable. Claims under the Product Warranty may only be made by the Customer (and not any subsequent purchaser or owner of a Covered Product).

3.5 Special Conditions of Extended Warranty and Spectur Warranty

The Extended Warranty and Spectur Warranty are subject to the following special conditions:

(a) Purchase

The Extended Warranty or the Spectur Warranty (as applicable) will apply only if the Customer has agreed with Spectur to purchase such warranty and paid Spectur the relevant fee for the same (if any).

(b) Cancellation by Customer

The Customer may cancel the Extended Warranty or the Spectur Warranty at any time by giving Spectur at least 30 days’ prior written notice to that effect.

Notice may be given via the Spectur customer support line (see paragraph 7), or in writing with a copy of the Spectur Warranty to the contact email address on Spectur’s website.

Unless required by applicable law, the Customer will not be entitled to any refund of the fees paid for the unused balance of the relevant warranty period.

3.6 Application of third-party manufacturer warranties

Certain Covered Products or parts of Covered Products that are manufactured by third-party manufacturers may come with warranties by those manufacturers. If this is the case, despite the above:

• the Product Warranty is subject to, and Spectur’s obligations will be reduced to the extent of, any applicable warranties given by the manufacturer; and
• to the extent permitted by law, the Customer will have the benefits and entitlements of any applicable warranties by the manufacturer on a ‘pass through’ basis, on and subject to the terms and conditions of such warranties.

4. LIMITED SERVICES WARRANTY

4.1 Warranty

Spectur warrants that, for 1 year from the date Covered Services are performed, those services were carried out and completed with due skill and care, in a proper and workmanlike

manner, and in accordance with all applicable laws (Services Warranty).

The Services Warranty is given on and subject to the terms and conditions set out in this document.

4.2 Coverage

For the purposes of the Services Warranty, “Covered Services” mean services provided by or on behalf of Spectur for the Customer, excluding:

• services by third-party telecommunications service providers which are arranged/procured by Spectur for a Customer in relation to Spectur products;
• services by third-party artificial intelligence service providers which are arranged/ procured by Spectur for a Customer in relation to Spectur products;
• services by third-party data storage or processing service providers (including cloud or off-site storage) which are arranged/procured by Spectur for a Customer in relation to Spectur products; and
• any other services which are arranged/procured by Spectur for a Customer in relation to Spectur products.

4.3 General exclusions

The Services Warranty excludes the following:

• conducting general servicing or preventative maintenance;
• repair of a defect, fault or damage caused by or attributable to modification, relocation or re-performance of the Covered Services or the work product of Covered Services;
• repair of a defect, fault or damage in relation to Covered Services which is caused by or attributable to an act or omission (including a failure to comply with Spectur’s instructions) on the part of the Customer or a third-party, including reckless, abusive, wilful or intentional conduct; or
• repair of a defect, fault or damage caused by:
  • an act of God, unusually severe weather (including a cyclone, hurricane, typhoon or similar), earthquake, fire, subsidence, land slide, mud slide, wash-out, explosion, radioactive contamination or natural disaster; or
  • terrorism, insurrection, revolution or civil disorder, act of public enemies, malicious damage, sabotage, vandalism, war (whether declared or undeclared) or a military operation, blockade or riot.

4.4 General conditions

The Services Warranty is subject to the following general conditions:

(a) Compliance

To make a claim under the Services Warranty, the Customer must:

• have complied in all material respects with the instructions provided by Spectur in relation to the Covered Services;
• have paid all amounts due and payable to Spectur in relation not the Covered Services, and any other products or services; and
• not be in breach of any material term or condition of any contract between the Customer and Spectur in relation to the supply of the Covered Services.

(b) Inspection

The Customer must afford Spectur an opportunity to inspect or assess any defective Covered Services as soon as practicable following the issue of a Warranty Claim Notice (see paragraph 5.1).

Spectur’s costs of conducting an inspection will be borne by the Customer, unless the defect is subsequently found to be covered by the Services Warranty.

(c) Non-transferrable

The Services Warranty is personal to the Customer and is not assignable/transferrable. Claims under the Services Warranty may only be made by the Customer.

4.5 Application of third-party manufacturer warranties

Certain Covered Services that are performed by third-party service providers may come with warranties by those service providers. If this is the case, despite the above:

• the Services Warranty is subject to, and Spectur’s obligations will be reduced to the extent of, any applicable warranties given by the service provider; and
• to the extent permitted by law, the Customer will have the benefits and entitlements of any applicable warranties by the service provider on a ‘pass through’ basis, on and subject to the terms and conditions of such warranties.

5. WARRANTY CLAIMS PROCEDURE

5.1 Notification

The Customer must notify Spectur in writing (Warranty Claim Notice) of any event or circumstance which may give rise to a warranty claim within 30 days of becoming aware of the alleged defect or fault, and in any event, before expiry of the relevant warranty period in paragraph 3.2 (or the relevant period under mandatory consumer legislation referred to in paragraph 2, if applicable).

Notices must be provided in accordance with paragraph 7.

If the Customer fails to give notice as required above, Spectur may, in its sole and absolute discretion, rectify the defect or fault, but otherwise does not have any obligation to do so.

5.2 Customer’s obligations

After submitting a Warranty Claim Notice, the Customer must:

• provide details about the problem giving rise to the warranty claim;
• respond to Spectur’s requests for information in relation to the warranty claim; and
• follow Spectur’s lawful instructions.

Stored data may be deleted or reformatted in the process of inspection/diagnosis or performing repairs. The Customer is responsible for backing-up its data.

5.3 Remedial action

If, following receipt of a Warranty Claim Notice in accordance with paragraph 5.1, Spectur reasonably determines that the Customer’s claim in respect of the Covered Product or Covered Service (as applicable) is valid, Spectur may take any of the following actions, at its discretion:

• in the case of Covered Products:
  • repair or replacement of the Covered Products, or paying the costs of the same; or
  • refund the purchase price paid for the Covered Products, excluding any costs of delivery or installation of the same; and
• in the case of Covered Services:
  • repair or re-perform the Covered Services, or paying the costs of the same; or
  • refund the fee paid for the Covered Services.

Warranty options, parts availability and response times may vary.

If Spectur is required to attend and perform any remedial work under the Product Warranty or Services Warranty more than 50 kilometres from a Spectur office or an office of a Spectur authorised service agent, it may charge the Customer additional labour and travel costs, as notified by Spectur to the Customer.

A replacement for a Covered Product may be new or used, but will be at least as functionally equivalent to the original Covered Product. An original Covered Product which is replaced will become the property of Spectur.

Covered Products which are repaired or replaced may be provided with updated software. In this regard, Spectur may install updates that will prevent Covered Products from reverting to earlier versions of software. Third-party software applications installed on the Covered Products may not be compatible or work with the Covered Products as a result of the updates.

All repaired or replaced Covered Products, and all repaired or re-performed Covered Services, will be subject to the Product Warranty and the Services Warranty respectively, for the remainder of the original applicable warranty period.

Subject to paragraph 2, the Customer’s rights under this paragraph 5.3 are its sole remedy in relation to any breach of the Product Warranty or the Service Warranty.

6. EXCLUSION OF IMPLIED PROVISIONS

Other than Mandatory Rights, all terms, conditions, guarantees and warranties (including as to the condition, suitability, quality, fitness for any purpose, safety of, or title to, goods or services (as applicable)) which would otherwise apply by application of law, are excluded to the maximum extent permitted by law.

7. NOTICES

Claims or other notices to Spectur in relation to the Product Warranty and/or the Service Warranty must be submitted by a Customer by email to [email protected] or otherwise by arrangement with Spectur.

8. ENQUIRIES

For any enquiries regarding the Product Warranty and/or the Service Warranty, please contact the Spectur customer support line on 1300 802 960 (if located in Australia) or on 0800 802 960 (if located in New Zealand).