Bike Warranty

Terms & Conditions
1. Definitions "Agreement" means the purchase of the product as governed by the terms and conditions; "BCI" means Best Choice Imports Pty Ltd trading as Premier Trampolines; "Customer" includes the purchaser of the product and any User; "Product" means the Trampoline and any parts; "Trampoline" means the trampoline purchased by the Customer giving rise to the Agreement. "User" means any third party that uses the Product with or without the consent of the Customer;
2. Conditions of purchase
In purchasing the Product the Customer agrees to enter the Agreement and be bound by the terms and conditions as set out herein.
3. Warranty
(a) In relation to the Trampoline that the Customer has purchased from BCI, BCI warrants to the best of its knowledge (subject to clause 3(k)) that the Trampoline is free from manufacturing defects and that it will remain free from defects caused by ordinary usage (within the guidelines provided) throughout the warranty period (as defined in clause 3(b)).
(b) The warranty applies during the warranty period. The warranty period that applies is as follows:
 
(i) 30 Days

(c) If the Customer's claim relates to a manufacturing defect the Customer must notify BCI of its claim within 7 days of the product being assembled. (d) If the Customer's claim relates to a defect that is not a manufacturing defect the Customer must notify BCI of its claim within the warranty period and within 7 days of becoming aware of the alleged defect. (e) Upon receiving a warranty claim BCI may require the Customer to return the trampoline or the allegedly defective component to BCI for examination and/or testing. All warranty claims must be made with a proof of purchase. Provided that the Customer complies with any reasonable requests that BCI might make, BCI undertakes to respond to the Customer's claim within 21 days from the date on which it has all of the evidence that it reasonably requires. (f) If the Customer's warranty claim is accepted BCI may in its absolute discretion either: (i) Provide a replacement component(s); or (ii) Repair any defects that are reasonably capable of being repaired; or (iii) Provide a full refund of the price paid. (g) If any component is repaired or replaced the warranty period in relation to that component from the date of supply of that component is whatever period was left on the warranty period in respect of the original component. (h) BCI does not accept responsibility for any costs, losses or damages that the Customer might suffer in making a warranty claim and in making a warranty claim the Customer agrees unconditionally not to seek to recover any such sums from BCI. (i) This warranty is non-transferable. All warranty claims must be made by the person who made the original purchase of the trampoline from BCI. (j) Nothing in this clause is intended to limit any warranty that is implied by law to the extent that any such limitation would be unlawful. (k)
4. Liability
4.1 Limitation of liability (a) Subject to clause 4.1(b) and to the extent permitted by the Trade Practices Act and relevant state legislation, the sole obligation of BCI under this Agreement is to use its best endeavours to provide the Product or repair or replace (at BCI’s discretion) any part of the Product which is found to be defective during the warranty period and in no event shall BCI be liable for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the products, and any indirect, special or consequential damages or injury to any person, corporation or other entity. (b) If any products supplied pursuant to this Agreement are supplied to the Customer as a ‘consumer’ of goods or services within the meaning of that term in the Trade Practices Act 1974 as amended or similar state legislation the consumer will have the benefit of certain non-excludable rights and remedies in respect of the products or services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Trade Practices Act or similar legislation is so conferred. However, if the product is a product not ordinarily acquired for personal, domestic or household use or consumption pursuant to s 68A of the Trade Practices Act and similar provisions of relevant state legislation, BCI limits its liability to payment of an amount equal to the lowest of: (i) the cost of replacing the goods; (ii) the cost of repair of the goods; (iii) the cost of having the goods repaired or replaced. (c) Subject to clause 4.1 (b) BCI is not be liable for default or failure in performance of its obligations pursuant to this Agreement resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials including ink, chemicals and paper, labour or transportation or any other cause beyond the reasonable control of BCI. (d) Subject to clause 4.1 (b), BCI is not responsible for any loss, injury or damage caused by an error or defect in the products or errors or faults caused by alteration, modification, misuse, neglect and unauthorised repair supplied by any person, or in the event that the Customer uses the Product in a manner inconsistent with the safety instructions as set out in these terms and conditions. 4.2 Exclusion of negligence BCI is not liable to the Customer in contract or in tort arising out of, or in connection with, or relating to: (a) the performance of the Product or any breach of these terms and conditions; or (b) any fact, matter or thing relating to the Product; or (c) any error (whether negligent or in breach of contract or not) in information supplied to the Customer or a User before or after the date of the Customer’s or User’s use of the Product.
5. Waiver
5.1 Indemnity (a) The Customer waives on a continuing basis any rights against BCI for any liability, loss, expense or demand for or arising from any false, misleading, deceptive or misdescriptive representation or statement made by BCI in respect of the products to any person. This waiver survives termination of this agreement by either party for any reason. (b) The Customer waives any rights against BCI for any losses, damages, claims, demands, suits, actions, proceedings, orders or judgments whatsoever arising out of or in respect to the supply of the Product by BCI to the Customer and BCI is not liable for any loss arising in the course of its conduct as supplier of the Product to the Customer including without limiting the generality of the foregoing in respect of: (i) any breach of any conditions or warranty given by BCI expressly or by operation of any statute in respect of the Product; (ii) BCI being deemed ‘manufacturer’ of the products by operation of the Trade Practices Act (1974);
6. Safety Instructions
6.1 Prior to use (a) Prior to use a safety check should be undertaken of the Bike to ensure the Bike and its component parts are in good repair and properly fitted,
7. General
7.1 Entire Understanding (a) This Agreement contains the entire understanding between the parties concerning the subject matter of the Agreement and supersedes all prior communications between the parties. (b) Each party acknowledges that, except as expressly stated in this Agreement, that party has not relied on any representation, warranty or undertaking of any kind made by or on behalf of the other party in relation to the subject matter of this Agreement. 7.2 No Waiver A failure, delay, relaxation or indulgence by a party in exercising any power or right conferred on the party by this Agreement does not operate as a waiver of the power or right. A single or partial exercise of the power or right does not preclude a further exercise or any other power or right under the Agreement. A waiver of a breach does not operate as a waiver of any other breach. 7.3 Severability If any provision of this Agreement offends any law applicable to it and is as a consequence illegal, invalid or unenforceable then: (a) where the offending provision can be read down so as to give it a valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve that result; and (b) in any other case the offending provision must be severed from this Agreement in which event the remaining provisions of the Agreement operate as if the severed provision had not been included. 7.4 Variation This Agreement may be varied by BCI at any time in writing, by posting any variation on the BCI website. 7.5 Governing Law and Jurisdiction This Agreement is governed by and must be construed in accordance with the laws of the State of Victoria. The parties submit to the non-exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters or things arising out of this Agreement.
Version Aug10.1