Product Warranties

30 YEAR PRODUCT WARRANTY AUSTRALIA

Subject to the conditions and limitations set out below in this warranty document, Duncan Equine Group Pty Ltd ACN 126 134 307 (“Duncan Equine”), provides the following warranty to the original purchaser of its non-electric STALLION RAIL™ product (“Product”).

1 . Rights of consumers under the Australian Consumer Law

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 goods fail to be of acceptable quality and the failure does not amount to a major failure.

The above applies if you are a “consumer” for the purposes of that law, which means:

1. the amount you paid for the Product did not exceed $100,000;
2. the Product is considered to be of a kind ordinarily acquired for personal, domestic or household use or consumption; and
3. you did not acquire the Product for the purpose of resupply or transforming it in trade or commerce.

If any of the criteria above are not met, and Duncan Equine has limited its liability in a manner permitted by the Australian Consumer Law (as set out in this document), your rights are limited to that extent.

2. Warranty

Duncan Equine warrants that its Products will be free from manufacturing defects for a period of 30 years from the date of their purchase.

Subject to any obligations under applicable laws which cannot be excluded, modified or restricted, Duncan Equine’s liability to You shall be limited (at Duncan Equine’s election) to:

1. replacing the defective Product (to the extent that it is affected by the defect);
2. providing equivalent material in a quantity to replace the defective Product (to the extent that it is affected by the defect); or
3. the cost of repairing the defective Product.

This liability does not include or extend to any labour costs associated with removal or repairing the defective Product or its replacement.  Nor does it cover any injury to persons or animals, damage to property, loss of income, profit or business or any other loss (direct or indirect) associated with or caused by the defective Product.

3. Exclusions and limitations

This warranty covers defects in the manufacturing process and does not cover:

1. defects caused by faulty installation of the Product;
2. defects caused by installation of the Product by any person not qualified to install it;
3. mechanical, chemical or other damage sustained during transport (other than caused by Duncan Equine), handling, storage, installation, erection (whether initial or subsequent);
4. damage caused by chemical agents, fumes, liquid (other than rain), solids;
5. damage caused by unusually corrosive environments;
6. damage caused by animals;
7. intentional damage or misuse by persons;
8. damage caused by misuse of the Product, including failure to install or use in accordance with any instructions provided by Duncan Equine (whether written, verbal or provided through audiovisual means);
9. damage caused by alteration of the Product;
10. where the Product is intended to be used with electrification, failure to turn on electrified fences, leading to animals making contact with the Product;
11. damage or defects caused by excessive animal pressure on the Product;
12. damage caused by use of third party accessories or other fittings, and failure to use accessories provided or suggested by Duncan Equine to enable the Product to function and remain in good condition;
13. damage or destruction caused by earthquakes, hurricanes, cyclones, typhoons, lightning, hail, fires, flood, extreme weather events of other extreme “acts of God”;
14. normal wear and tear;
15. improper maintenance;
16. any defect that is trivial or insubstantial; and
17. any other event or cause beyond the reasonable control of Duncan Equine.

Except as expressly set out herein or as required by law, Duncan Equine does not provide any warranty in relation to the Products and disclaims any implied warranties and representations including but not limited to the implied warranty of merchantability and fitness for a particular purpose.

To the extent permissible at law, this warranty does not operate for the benefit of any person other than the original purchaser of the Product,

4. Making a warranty claim

Any enquiries regarding this warranty should be sent to Duncan Equine Group, PO Box 128, Vasse, Western Australia, 6280.  Enquiries can also be made by calling 1800 259 365 or by email to info@duncanequine.com.au.

To make a claim under this warranty, please send the following written details to the address set out below:

1. Your name, address and telephone number;
2. Email details;
3. Details of where and when you purchased the Product affected, including any proof of purchase Duncan Equine may require;
4. If the Product has been installed, the address at which it has been installed, the date of installation, the name of the person and the company or other business that installed it; and
5. Description of how the Product is defective and when you found out that it was defective. Please also provide photographs showing the defect.

15 YEAR PRODUCT WARRANTY AUSTRALIA

Subject to the conditions and limitations set out below in this warranty document, Duncan Equine Group Pty Ltd ACN 126 134 307 (“Duncan Equine”), provides the following warranty to the original purchaser of its electric fence product (“Product”).

1. Rights of consumers under the Australian Consumer Law

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 goods fail to be of acceptable quality and the failure does not amount to a major failure.

The above applies if you are a “consumer” for the purposes of that law, which means:

1. the amount you paid for the Product did not exceed $100,000;
2. the Product is considered to be of a kind ordinarily acquired for personal, domestic or household use or consumption; and
3. you did not acquire the Product for the purpose of resupply or transforming it in trade or commerce.

If any of the criteria above are not met, and Duncan Equine has limited its liability in a manner permitted by the Australian Consumer Law (as set out in this document), your rights are limited to that extent.

2. Warranty

Duncan Equine warrants that its Products will be free from manufacturing defects for a period of 15 years from the date of their purchase.

Subject to any obligations under applicable laws which cannot be excluded, modified or restricted, Duncan Equine’s liability to You shall be limited (at Duncan Equine’s election) to:

1. replacing the defective Product (to the extent that it is affected by the defect);
2. providing equivalent material in a quantity to replace the defective Product (to the extent that it is affected by the defect); or
3. the cost of repairing the defective Product.

This liability does not include or extend to any labour costs associated with removal or repairing the defective Product or its replacement.  Nor does it cover any injury to persons or animals, damage to property, loss of income, profit or business or any other loss (direct or indirect) associated with or caused by the defective Product.

3. Exclusions and limitations

This warranty covers defects in the manufacturing process and does not cover:

1. defects caused by faulty installation of the Product;
2. defects caused by installation of the Product by any person not qualified to install it;
3. mechanical, chemical or other damage sustained during transport (other than caused by Duncan Equine), handling, storage, installation, erection (whether initial or subsequent);
4. damage caused by chemical agents, fumes, liquid (other than rain), solids;
5. damage caused by unusually corrosive environments;
6. damage caused by animals;
7. intentional damage or misuse by persons;
8. damage caused by misuse of the Product, including failure to install or use in accordance with any instructions provided by Duncan Equine (whether written, verbal or provided through audiovisual means);
9. damage caused by alteration of the Product;
10. where the Product is intended to be used with electrification, failure to turn on electrified fences, leading to animals making contact with the Product;
11. damage or defects caused by excessive animal pressure on the Product;
12. damage caused by use of third party accessories or other fittings, and failure to use accessories provided or suggested by Duncan Equine to enable the Product to function and remain in good condition;
13. damage or destruction caused by earthquakes, hurricanes, cyclones, typhoons, lightning, hail, fires, flood, extreme weather events of other extreme “acts of God”;
14. normal wear and tear;
15. improper maintenance;
16. any defect that is trivial or insubstantial; and
17. any other event or cause beyond the reasonable control of Duncan Equine.

Except as expressly set out herein or as required by law, Duncan Equine does not provide any warranty in relation to the Products and disclaims any implied warranties and representations including but not limited to the implied warranty of merchantability and fitness for a particular purpose.

To the extent permissible at law, this warranty does not operate for the benefit of any person other than the original purchaser of the Product,

4. Making a warranty claim

Any enquiries regarding this warranty should be sent to Duncan Equine Group, PO Box 128, Vasse, Western Australia, 6280.  Enquiries can also be made by calling 1800 259 365 or by email to info@duncanequine.com.au.

To make a claim under this warranty, please send the following written details to the address set out below:

1. Your name, address and telephone number;
2. Email details;
3. Details of where and when you purchased the Product affected, including any proof of purchase Duncan Equine may require;
4. If the Product has been installed, the address at which it has been installed, the date of installation, the name of the person and the company or other business that installed it; and
5. Description of how the Product is defective and when you found out that it was defective. Please also provide photographs showing the defect.

DUNCAN EQUINE PREMIUM PVC POST 5 YEAR WARRANTY AUSTRALIA

Subject to the conditions and limitations set out below in this warranty document, Duncan Equine Group  Pty Ltd ACN 126 134 307  (“Duncan Equine”), provides the following warranty to the original purchaser of its PVC fence post product (“Product”).

1. Rights of consumers under the Australian Consumer Law

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 goods fail to be of acceptable quality and the failure does not amount to a major failure.

The above applies if you are a “consumer” for the purposes of that law, which means:

• the amount you paid for the Product did not exceed $100,000;
• the Product is considered to be of a kind ordinarily acquired for personal, domestic or household use or consumption; and
• you did not acquire the Product for the purpose of resupply or transforming it in trade or commerce.

If any of the criteria above are not met, and Duncan Equine has limited its liability in a manner permitted by the Australian Consumer Law (as set out in this document), your rights are limited to that extent.

2 Warranty

Duncan Equine warrants that its Products will be free from manufacturing defects, and that their colour will not fade, (both “defects” for the purpose of this warranty) for a period of 5 years from the date of their purchase.

Subject to any obligations under applicable laws which cannot be excluded, modified or restricted, Duncan Equine’s liability to You shall be limited (at Duncan Equine’s election) to:

1. replacing the defective Product (to the extent that it is affected by the defect);
2. providing equivalent material in a quantity to replace the defective Product (to the extent that it is affected by the defect); or
3. the cost of repairing the defective Product.

This liability does not include or extend to any labour costs associated with removal or repairing the defective Product or its replacement.  Nor does it cover any injury to persons or animals, damage to property, loss of income, profit or business or any other loss (direct or indirect) associated with or caused by the defective Product.

3  Exclusions and limitations

This warranty covers defects in the manufacturing process and does not cover:

• defects caused by faulty installation of the Product;
• defects caused by installation of the Product by any person not qualified to install it;
• mechanical, chemical or other damage sustained during transport (other than caused by Duncan Equine), handling, storage, installation, erection (whether initial or subsequent);
• damage caused by chemical agents, fumes, liquid (other than rain), solids;
• damage caused by unusually corrosive environments;
• damage caused by animals;
• intentional damage or misuse by persons;
• damage caused by misuse of the Product, including failure to install or use in accordance with any instructions provided by Duncan Equine (whether written, verbal or provided through audiovisual means);
• damage caused by alteration of the Product;
• damage or defects caused by excessive animal pressure on the Product;
• damage caused by use of third party accessories or other fittings, and failure to use accessories provided or suggested by Duncan Equine to enable the Product to function and remain in good condition;
• damage or destruction caused by earthquakes, hurricanes, cyclones, typhoons, lightning, hail, fires, flood, extreme weather events of other extreme “acts of God”;
• normal wear and tear;
• improper maintenance;
• any defect that is trivial or insubstantial; and
• any other event or cause beyond the reasonable control of Duncan Equine.

Except as expressly set out herein or as required by law, Duncan Equine does not provide any warranty in relation to the Products and disclaims any implied warranties and representations including but not limited to the implied warranty of merchantability and fitness for a particular purpose.

To the extent permissible at law, this warranty does not operate for the benefit of any person other than the original purchaser of the Product.

4   Making a warranty claim

Any enquiries regarding this warranty should be sent to Duncan Equine Group, PO Box 128, Vasse, Western Australia, 6280.  Enquiries can also be made by calling 1800 259 365 or by email to info@duncanequine.com.au.

To make a claim under this warranty, please send the following written details to the address set out below:

• Your name, address and telephone number;
• Email details;
• Details of where and when you purchased the Product affected, including any proof of purchase Duncan Equine may require;
• If the Product has been installed, the address at which it has been installed, the date of installation, the name of the person and the company or other business that installed it; and
• Description of how the Product is defective and when you found out that it was defective. Please also provide photographs showing the defect.

November 2023