In this Warranty:
1. Oscillot® is designed to be installed on fences only.
2. Every cat has different abilities and every yard and fence has variances which may aid in an escape attempt. What is set out below should contain most cats. However, in rare cases, even where this guide is followed, a cat may escape.
3. The minimum recommended fence height for installation of Oscillot® is 1.80 meters from the ground level adjacent to the fence on your side of the boundary.
4. A cat must not be able to jump from the ground to the top of the fence. It will be able to do if it has leverage on the way up from objects such as horizontal rails, trellis, vines, trees, sheds etc.
5. Installation on fences lower in height than 1.80 meters increases the likelihood of a cat being able to scramble up the fence with enough leverage and steadiness to get a paw under or over the system and gain the traction required to get over the fence.
6. Timber fences may need additional cat-proofing measures to limit the climbability of the fence. This can include using polycarbonate sheeting installed below Oscillot to prevent the cat getting leverage to scale up and over Oscillot®.
7. Oscillot® installed around the perimeter of your yard can only be effective at containing your cats if all other means of exit have been closed off. This means that at a minimum you must:
1) prevent you cat from using outbuildings, trees, open doors or house roofs to exit your yard.
2) Make sure your cats cannot dig/crawl under fences or barriers.
3) Block off any spaces between fences and buildings where your cat may squeeze through.
4) Remove items such as garbage bins, building materials, barbeques etc. that may assist your cat to scale fences, walls or barriers.
5) Remove shrubbery, bushes and trees and tree branches near fences that your cat may use to escape.
6) Install tree guards around trunks of trees with branches that overhang fences and buildings.
8. The system has been extensively tested and proven to be consistently effective when installed according to our Installation Guide. Additional cat proofing may be required in rare circumstances.
9. Although it can help deter stray cats, Oscillot® is not designed to keep stray cats out of your yard or for dog containment.
10. You must check if council approval is necessary before you install Oscillot®.
11. You must get written permission from anyone affected by the installation of Oscillot®. This may include:
1) your landlord if you are renting; and/or
2) your neighbour if you wish to install Oscillot® on a shared fence; and/or
3) the common property owner if you are in an apartment or retirement village.
12. In this Warranty:
1) ‘Customer’ means a consumer as defined under Australian Consumer Law;
2) ‘Oscillot’ means OSCILLOT PROPRIETARY LTD, ABN 25 625 733 879 of 7/490 Scottsdale Drive, Varsity Lakes, QLD 4227;
3) ‘Oscillot’® is a registered trade mark in Australia of OSCILLOT PROPRIETARY LTD, ABN 25 625 733 879 , under trade mark number 1233173;
4) ‘Product’ means components of the cat containment system manufactured by or for Oscillot, comprising the dual knuckle posts; paddle; and bracket for attachment to fence, but excluding third party products and purchased by you;
5) ‘Purchase Date’ means the date of Invoice for the Products;
6) ‘Warranty’ means warranty against manufacturing defects; and
7) ‘Warranty Period’ means the 3 year period which commences from the Purchase Date.
13. The benefits of this Warranty are in addition to, and do not limit or derogate your rights and remedies at law in relation to the Product. The Product comes with guarantees that cannot be excluded under Australian Consumer Law or the Consumer Guarantees Act 1993 (NZ). In The European Union and The United Kingdom 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 in The European Union and The United Kingdom 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.
14. Oscillot warrants that the Product will be free of manufacturing faults for the Warranty Period.
15. To make a claim under this Warranty, the Customer must return the Product and the original receipt for the purchase of the Product to Oscillot. The claim must be made within the Warranty Period and must be confirmed to Oscillot in writing.
16. The Warranty is only valid so long as the Customer uses, operates and maintains the Product properly and in accordance with this Agreement and provided any damage is not caused by:
1) any fault, accident, abuse, misuse, damage or deterioration caused by use, storage, transportation or maintenance of the Product or parts of the Product after the Product has been purchased, or from use which is not in accordance with the instructions, recommendations, requirements or directions of Oscillot;
2) interference with, or modification of the Product by anyone other than Oscillot;
3) fault, damage or deterioration arising from failure to conduct normal maintenance of the Product; or
4) the sale, lease, licensing or use of the Product for domestic commercial purposes at any time.
17. The Warranty does not cover:
1) general environmental wear and tear;
2) the cost of removal of the Product;
3) the cost of re-installation;
4) the cost of delivery;
5) the cost of disposal of defective Products;
6) third party products, including but not limited to polycarbonate sheeting;
7) colour of paddles;
8) damage to fences or other structures caused by installation or removal of the Product or
9) any loss or damage where a cat has escaped.
18. Subject to any consumer law rights you might have, the liability of Oscillot in relation to this Warranty shall be limited to any one or more of the following:
1) If Oscillot’s breach relates to the Product at Oscillot’s option:
1. the replacement of the Product; or
2. the repair of the Product; or
3. the payment of the cost of having the Product repaired.
2) If the breach relates to services at Oscillot’s option:
1. the supplying of the services again; or
2. the payment of having the cost of the services supplied again.
19. If Oscillot chooses to replace the Product under this warranty, Oscillot will cover the costs of shipping the replacement product to the Customer.
20. Oscillot shall not be liable in any circumstances for any loss or damage resulting from the use of the Product by any person nor for economic loss or special or consequential damages arising for any reason.
21. Other than as expressly set out in this Warranty and to the fullest extent permitted by law any condition, right, remedy, representation, warranty, condition or undertaking that would be implied in this product warranty by legislation, common law, equity, trade, custom or usage is excluded, restricted or modified by this Warranty.
For further information or to make a claim, contact us here.