RICMAR AUST. PTY LTD TERMS AND CONDITIONS
The Company and the Customer agree to be bound by the Terms and Conditions contained herein. Definitions
Gaming stool: means any gaming stool, chair, lounge or any other structure which is to be made by the Company and sold to the Customer.
Additional Agreement: means the Agreement for scheduled maintenance between Ricmar Aust. Pty Ltd and the Customer.
- Nothing in this Affidavit excludes any condition, warranty, guarantee, right or remedy under any law for the benefit of the Customer including the Competition and Customer Act 2010 (Cth);
- The Customer acknowledges that in entering into the Agreement, the Customer has not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of the Company which is not expressly contained herein or in any Additional Agreement.
- OBLIGATIONS OF THE COMPANY
- The Company covenants to make each gaming stool with due care and skill and in compliance with all Australian standards, legislation and regulations. Each gaming stool when completed will be for the purpose made known by the Company to the Customer;
- The Company covenants that they shall comply with all relevant Consumer Law;
- The Company shall provide a warranty period of two (2) years commencing on the date of delivery for all parts and materials which are manufactured by the Company. The Company shall take no responsibility for failure to materials or parts which were not made or manufactured by the Company itself;
- Subject to an Additional Agreement for the regular maintenance of the gaming stools (“Additional Agreement”), the Company shall undertake all maintenance on the gaming stools provided to the Customer in a timely and professional manner;
- Subject to the Additional Agreement, the Company undertakes to provide timely and professional replacement, repairs and maintenance to any gaming stools which reasonably require such care upon notification from the Customer in writing with accompanying photographs;
- The Company shall begin investigation of the fault as soon as practicable and may include request for further information such as verbal confirmation of the fault, further photographs or incident reports in writing;
- The Company shall endeavour to repair faults within a reasonable period from date of notification of a fault;
- The Company reserves the right to deny or refuse a claim for warranty if there are reasonable grounds for suspicion that the fault is not related to usual wear and tear, faulty parts or workmanship;
- In accordance with the Additional Agreement, the Company shall provide the Customer with a suggested schedule of maintenance to keep the gaming stools in a well-functioning condition in the interim between maintenance by the Company;
- The Company shall provide the Customer with a suggested care regime to maintain the integrity of the upholstery in the interim between Company maintenance;
- The Company reserves the right to determine the most appropriate remedy for the Customer being repair, replacement or compensation, taking into consideration the legislation, regulations and Australian Standards;
- The Company shall provide clear instructions to the Customer as to the correct usage of the gaming stool;
- OBLIGATIONS OF THE CUSTOMER
- Following delivery of the gaming stools, the Customer shall immediately notify the Company in writing if there are any perceived faults or damage to the gaming stools;
- The Customer shall inform the Company in writing of any faults or failures together with photographs of the alleged fault or failure as soon as practicable;
- The Customer covenants that the Company shall be the sole maintainer and repairer of the gaming stools provided to Customer by the Company. Failure to adhere to this provision may void any warranty provided by the Company;
- The Customer shall remove the gaming stool from use immediately upon discovery of a suspected or confirmed fault;
- The Customer shall, as far as is reasonably possible, ensure that individuals using the gaming stool comply with Workplace Health and Safety Regulations, do not sit incorrectly, swing, rock, misuse, abuse or otherwise deface the gaming stool;
- The Customer agrees to abide so far as is reasonably practicable to a schedule provided by the Company for regular maintenance of each gaming stool purchased from the Company;
- The Customer agrees that they shall abide by the Company’s suggested form of cleaning and maintaining the gaming stool. Failure to adhere to the directions of the Company may result in denial or refusal of warranty claim by the Company;
- The Customer understands and agrees that the Company shall only take responsibility for repairs and maintenance of the gaming stool provided and not for any damage that the gaming stool may cause to any surrounding including but not limited to floor coverings, furnishings, machines or other chattels;
- The Customer shall adhere to the procedure for correct usage of the gaming stool as illustrated by the Company. The Customer shall endeavour to ensure that all individuals utilising the gaming stool abide by this procedure. In the event that an individual is suspected of misusing the gaming stool contrary to the instructions provided by the Company, the Company reserves the right to deny a warranty claim;
- NO LIABILITY
- In the event the Customer does not strictly comply with the terms and conditions herein, the Company shall not be liable and accepts no responsibility for any loss, damage or personal injury to the individual, the Customer or any other party.
- SEVERABLE PROVISIONS
- The provisions of the Agreement are severable, and if one or more provisions may be determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions and any partially unenforceable provisions to the extent enforceable shall nevertheless be binding and enforceable.
- LEGAL FEES
- In the event any litigation, arbitration, mediation or other proceeding (“Proceeding”) is initiated by any part against any other party to enforce, interpret or otherwise obtain judicial or quasi-judicial relief in connection with this Agreement, the prevailing party in such Proceeding shall be entitled to recover from the unsuccessful party all costs, expenses and any actual legal fees relating to or arising out of (a) such Proceeding, whether or not such Proceeding proceeds to judgment, and (b) any post-judgment or post award Proceeding, including without limitation to enforce any judgment or award resulting from any such Proceeding;
- Any such judgment or award shall contain a specific provision for the recovery of all such legal fees, costs and expenses;
- Any such judgment or award shall contain a specific provision for the recovery of all such subsequently incurred costs, expenses and actual legal fees.
- This Agreement contains the entire agreement between the parties and supersedes any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this Agreement, whether orally or in writing.
- This Agreement contains the entire agreement between the parties to this Agreement with respect to the subject matter of the Agreement, is intended as a final expression of such parties’ agreement with respect to such terms as are included in this Agreement is intended as a complete and exclusive statement of the terms of such agreement, and supersedes all negotiations, stipulations, understandings, agreements, representations and warranties. If any, with respect to such subject matter, which precede or accompany the execution of this Agreement.
JURISDICTION AND VENUE
- This Agreement is to be construed pursuant to Laws of the State of NEW SOUTH WALES and THE COMMONWEALTH OF AUSTRALIA;
- Jurisdiction and venue for any claim arising out of this Agreement shall be made in the State of NEW SOUTH WALES.