K E Hayes (ABN 48 404 578 662) ( “we”, “us”, “our”) manufacture Chalkboards, Whiteboards, Menu Boards (“Products”). The terms and conditions below will apply to your purchase of the Products. Please read the following terms and conditions carefully. It is important you understand and agree with the following terms and conditions.
1. For manufacture of custom products you should:
a. Provide us with detailed drawings and measurements of the custom Product; and
b. You must pay in advance for the custom made product in full once we have provided you with a quote and before we commence manufacturing the custom Product.
2. All money paid to us in respect of a custom made Product is non-refundable.
3. Ownership of the products will not pass to you until we have received payment in full for the Product.
4. Any claim for a defective Product or a credit claim for non-custom Product must be made within 7 days from the date on which you receive the Product and our liability will be limited to the original purchase price of the product.
5. You are responsible for the transportation of the Product and must arrange transport insurance yourself and at your own cost. The risk of the Product passes to you once the Product leaves our premises. If you will be using a transportation company then that transportation company must be approved by us (although our approval does not shift any liability onto us for the transportation of the Product.)
6. We offer a 2 year warranty on all Products provided that the warranty will not apply to scratched surfaces, damage caused by impact of the products or through the use of inappropriate or abrasive cleaning agents.
7. Except for the warrant contained in Clause 6 and those warranties that cannot be excluded under the Australian Consumer Law, we give no further warranty in respect of the Product.
8. You must return all Products covered by our warranty to our premises at your cost. Replaced or repaired Products, if covered by our warranty, will be returned to you at our cost. If there is a discrepancy about whether a Product is covered by our warranty then our determination will be final.
9. Unless our liability is prescribed by legislation and cannot be excluded, we do not accept any liability, whether in contract, tort or otherwise, for any injury, losses, expenses, delays or inconvenience suffered by you in connection with the Product and you release and indemnify us of all such liability.