1. All goods and services (“Products”) supplied by Fusion Sport Pty Ltd (Fusion) to Customers are supplied under these terms and conditions

2. No purchase order shall be binding on Fusion until accepted by Fusion sales order administration. An individual contract for the supply of Products, on these terms and conditions, is formed upon acceptance by Fusion of an order from the Customer. Fusion reserves the right to accept any order in whole or in part. Where Fusion makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by Fusion unless alternate arrangements are agreed in writing by Fusion.

3. Unless otherwise agreed in writing, all orders are accepted by Fusion subject to full payment prior to despatch of the Products from Fusion.

4. Ownership in the Products does not pass to the Customer until the Customer has discharged to Fusion all outstanding indebtedness, whether in respect of the Products or otherwise. When supplied under a subscription agreement, all equipment remains the property of Fusion Sport.

5. Fusion reserves the right to recover from the Customer all goods and services (Value Added) tax (GST or VAT) payable in respect of the supply of Products to the Customer.

6. The failure by Fusion to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.

7. Unless specified otherwise, the Fusion warrants to the Purchaser that Fusion branded products, (excluding third parties products and software) will be free from defects in materials and workmanship affecting normal use for a period of one year from date of the Invoice evidencing supply to Customer.

8. Warranty does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, problems with electric power, servicing not authorised by Fusion, usage and or storage and or installation not in accordance with Product instructions, failure to perform required preventative maintenance, normal wear and tear, act of God, fire, flood, war, act of violence or any similar occurrence; any attempt by person other than Fusion personnel or any person authorised by the Fusion to adjust, repair or support the Products and problems caused by the use of parts and components not supplied the Fusion.
The Standard Warranty does not cover any items that are in one or more of the following categories; software; external devices; accessories or parts added the product after the product is shipped from the Seller; accessories or parts that are not installed in the Seller’s factory.

9. This warranty is specifically limited to the replacement or repair of any such warrantable defects, without charge, when the complete Product is returned to Fusion or to an Authorized Distributor or to an Authorized Service Centre, as directed at the time the return has been authorized by issue from Fusion of a Return to Manufacturer Authority (RMA). You may Contact Fusion by email at support@fusionsport.com for a repair authorization. When it is deemed appropriate to provide replacement of defective components pursuant to this warranty the replacement parts shall be warranted for the remainder of the warranty period applicable to the original component.

10. Fusion shall be the sole judge as to whether Warranty is applicable for any particular alleged product defect/s. Products that are returned for warranty examination and that are found to be not eligible for warranty repair may be repaired at a charge but in all such instances, the party returning the item under an RMA will be first notified and will be given the opportunity to approve any charges. In cases where no chargeable work as been authorized the item/s will be returned to the party sending the goods in under an RMA freight collect. Where a charge is authorized, a copy of a purchase order with the amount of the charge must be received by Fusion either by mail or by FAX and payment must be made in full before any equipment is returned. Repairs carried out under genuine warranty conditions will be returned to the sender freight prepaid.

11. THIS EXPRESS WARRANTY EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE. FUSION SPORT PTY LTD SHALL NOT BE LIABLE FOR WARRANTY IN ANY AMOUNT EXCEEDING THE PURCHASE PRICE OF THE GOODS. FUSION SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

12. Buyer acknowledges that it is not relying on the seller’s skill or judgment to select or furnish goods suitable for any particular purpose and that there are no warranties that extend beyond the description on the face hereof.

13. This warranty extends only to the original purchaser, and shall not apply to any products or parts that have been subject to misuse, neglect, accident, or abnormal conditions or operation.

14. Except as expressly provided above, Fusion shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by Fusion or the failure of Fusion to comply with these terms and conditions.

15. These terms and conditions are governed by and will be construed in accordance with the laws of Queensland and the parties agree to submit to the jurisdiction of the courts of that state.

These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer’s order.

HEALTH & SAFETY

Precautions When Using Batteries:

• Never use any charger or battery that is damaged in any way

• Use the battery only for its intended purpose

• If left unused, a fully charged battery will discharge itself over time

• Always charge in or as close to room temperature (20 degrees Celsius) as extreme temperatures will affect the charging capacity of the batteries

• If Batteries will not recharge (batteries provided have a recharge life of 800 times), DO NOT ATTEMPT to change the batteries yourself. Instead contact your local service provider.

Electronic Devices

Most modern electronic equipment is shielded from radio frequency (RF) signals. However, certain electronic equipment may not be shielded against the RF signals from the units.

Pacemakers

Pacemaker manufacturers recommend that a minimum of 15cm should be maintained between the units and a pacemaker.

Hearing Aids

Some wireless technology can interfere with some hearing aids. In the event of such interference, you may wish to consult your hearing aid manufacturer to discuss alternatives.

Other Medical Devices

If you use other personal medical devices, consult the manufacturer of your device to determine if it is adequately shielded from external RF energy. Your Physician may be able to assist you in obtaining this information.

Vehicles

RF signals may affect improperly installed or inadequately shielded electronic systems in motor vehicles. Check with the manufacturer or its representative regarding your vehicle. You should also consult the manufacturer of any equipment that has been added to your vehicle.

Potentially Explosive Atmospheres

Switch off all units in any area with a potentially explosive atmosphere and obey all signs and instructions. Sparks in such areas could cause an explosion or fire resulting in bodily injury or even death.

Users are advised to switch off all units while at a refueling point (service station). Users are reminded of the need to observe restrictions on the use of radio equipment in fuel depots (fuel storage and distribution areas), chemical plants or where blasting operations are in progress.

Areas with a potentially explosive atmosphere are often but not always clearly marked. They include below deck on boats, chemical transfer or storage facilities, vehicles using liquefied petroleum gas (such as propane or butane), areas where the air contains chemicals or particles, such as grain, dust or metal powders, and any other area where you would normally be advised to turn off your vehicle engine.

FCC STATEMENTS

This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to Part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation.

This equipment generates uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation.

If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures:

  • Re-orient or relocate the receiving antenna
  • Increase the separation between the equipment and receiver
  • Connect equipment and receiver to outlets on different circuits
  • Consult the dealer or an experienced radio/TV technician for help.

US FCC Labeling Requirements (FCC Part 15.19)

This device complies with Part 15 of the FCC Rules.

Operation is subject to the following two conditions: (1) this device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation.

US FCC Modification warning (FCC Part 15.21)

Warning: Any changes or modifications not expressively approved by Fusion Sport could void the user’s authority to operate this equipment.

FCC ID: UQM-SMARTSPEED