STANDARD CONDITIONS OF SUPPLY
1. Variation of Conditions
The following Conditions shall apply to all our contracts except to the extent that they are varied in writing. No alteration, variation, amendment of or additions to the Conditions shall be valid unless made in writing and signed by our authorised representative.
2. Availability and Alterations
2.1 Acceptance of orders and completion of contracts are subject to the availability of the products.
2.2 We reserve the right to vary or alter any of the designs, specifications, and packaging of the products described in our sales literature if circumstancesso require. In the event that any fundamental variation or alteration does take place, we shall inform the customer at the earliest opportunity and the customer shall be entitled to cancel the order within 10 days of being informed.
3. Goods and Services Tax (GST)
All prices are inclusive of GST where applicable.
4. Delivery
4.1 Although we will use all reasonable efforts to meet our forecasts for delivery of the product, such forecasts are estimates only.
4.2 All Superior Lifestyle Therapy Products WA are not sold on an in-home trial basis.
5. Risk and Property
5.1 The risk in the product shall pass to the customer upon delivery.
5.2 Provided that we have fulfilled our obligations, property in the product(s) shall remain with us until we receive full payment in cash or cleared funds. We shall be entitled to repossess the product(s) prior to full payment, if there is a default in payment.
6. Warranties and Liabilities
6.1 The statutory rights of the customer to seek remedy for goods that are mis-described or are not of satisfactory quality are not affected by the following warranty conditions.
6.2 Subject to the conditions set out herein we warrant that the Superior Lifestyle Therapy WA Adjustable Massage Bed will correspond with its specifications at the time of delivery and will be free from defects in material and workmanship for a period of 5 years on memory foam mattresses, 2 years on all electrical components and lifetime limited warranty on the frame. All Superior Lifestyle Therapy WA Chairs will be free from defects in materials and workmanship for a period of 5 years on the materials and framework and 1 year on the electrical components and motors.
6.3 The above warranty is given subject to the following conditions:
6.3.1 We shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instructions (whether oral or in writing), misuse or alteration or repair of the bed without our approval.
6.3.2 We shall be under no liability under the above warranty until the total price for the bed has been paid although the warranty period shall commence from the date of delivery.
6.3.3 We shall be entitled to repair any defect covered by the warranty in satisfaction of any liability.
6.3.4 We shall be entitled to make a charge for call out and labour for in home repair in the event that the defect repaired is not covered by the warranty nor under the customers statutory rights relating to quality and condition of the bed.
6.3.5 We shall be entitled to make a charge for call out and labour for in home repair under the warranty after the first year unless where the defect falls under the customers statutory rights relating to quality and condition of the bed.
6.4 Any claim by the customer which is based on any defect in the quality or condition of the bed or its failure to correspond with specification shall be notified to us within a reasonable time after discovery of the defect or failure. Failing to do this, the customer shall not be entitled to reject the bed.
6.5 Certain statutory rights and warranties are implied in all contracts and cannot be excluded. The following terms and conditions are subject to such implied or expressed warranties that cannot be excluded hereunder.
6.6 Warranty Exclusion: Please note that our warranty on electrical items does not cover damage caused by power surges, unauthorised changes to the electrical system or any incidents of deliberate or unintentional misuse. Superior Lifestyle Therapy WA recommends you install a suitably approved power arrestor to your home. Customers should be aware that damage of faults repaired as a result of any of the aforementioned causes will not be covered by our warranty and you will be charged the cost of replacement parts, labour and also a call out fee.
7. Payment
Payment for the bed shall be made on or before delivery.
8. Failure to Pay
If the customer fails to make payment when due, the amount unpaid shall incur compound interest at the rate of 2.5 per cent per month in respect of the whole or part of each month that the amount outstanding shall remain unpaid.
9. Notices
Any notices to be given by the parties must be in writing and will be deemed to have been given two business days after posting.
10. Proper Law
This contract shall be governed by the laws of Western Australia.
