In these Terms and Conditions, “Company” means Atura Hotels and Resorts Pty Limited (ACN 163 225 321) or any related body corporate which supplies the Dream Bed (“Product’) to the customer (“Customer“). The Company supplies the Product to the Customer subject to the following terms and conditions (“Terms and Conditions“). The Company reserves the right to change these Terms and Conditions from time to time. Any amendments to these Terms and Conditions shall apply to all orders placed by the Customer after the Company has made such amendments. These Terms and Conditions replace all prior terms and conditions issued by the Company to the Customer.
- By completing an order form (“Order Form”), the Customer will be deemed to have accepted these Terms and Conditions to the exclusion of any other terms and conditions. The parties will not be bound by any other conditions attaching to the Customer’s order unless those conditions are expressly agreed by the parties in writing.
- The Customer’s order must be submitted to the Company in writing and will not be binding until the Company’s authorised representative has notified the Customer in writing that the order has been accepted. The Company reserves the right to accept any order in whole or in part, or to decline any order.
- Once the order is accepted by the Company, it may not be cancelled or varied without the written consent of both parties.
- Each of the Customer’s orders must specify the type and quantity of the Products.
- Unless otherwise agreed in writing by the Company, the purchase price payable to the Company by the Customer for the Products is the price as stated in the Order Form (“the Price”).
- Delivery costs and installation costs (where applicable) are payable in addition to the Price as set out on the Order Form, and are payable directly to the manufacturer.
PASSING OF TITLE AND RISK
- Risk and title in the Products supplied by the Company, or on its behalf, will pass to the Customer upon delivery of the Products to the Customer’s delivery address listed on the Order Form.
- Deliveries and installation (where applicable) will be made by the manufacturer of the Products, on behalf of the Company.
- Following acceptance of an order by the Company in accordance with clause 1, the manufacturer will as soon as practicable advise the Customer of the estimated delivery date of the consignment of the Products (“Delivery Date”). The manufacturer will use reasonable endeavours to deliver the Products by the Delivery Date.
INSPECTION AND ACCEPTANCE
- The Customer shall inspect all Products upon delivery and shall within 72 hours of delivery give notice to the Company and to the manufacturer of any issue or matter by which the Customer alleges that the Products are not in accordance with the Customer’s order as specified in the Order Form.
- If the Customer fails to give such notice, to the extent permitted by law, the Products shall be deemed to have been delivered and accepted by the Customer.
RETURN OF PRODUCTS
- Products may not be returned or credited without obtaining prior authorisation from the Company or its authorised agents.
- To the extent permitted by law, the Company reserves the right to impose any reasonable handling charge in respect of Products returned.
- Subject to clause 8(b), the Customer will not be entitled to a refund or exchange if the Customer:
(i) simply changes their mind about the Products purchased from the Company;
(ii) has mistakenly purchased the wrong Product from the Company; or
(iii) is unable to provide proof of purchase.
- The manufacturer has agreed with the Company that, for a period of ten years from purchase, the Products will be free from defect in workmanship and materials. If service is required due to a defect in workmanship or materials, the manufacturer will repair the Products at the manufacturer’s cost. A copy of the manufacturer’s warranty is attached to and forms part of these Terms and Conditions.
- For the avoidance of doubt, the manufacturer’s warranty is in addition to and independent from any statutory warranties or conditions that may be available to the Customer.
- To the full extent permitted by law, neither party shall be liable in any way whatsoever to the other party or any third party, whether in tort (including negligence), contract, breach of statute or otherwise, for any loss of profits, revenue, business or goodwill, or for any other loss including but not limited to any indirect, special or consequential loss.
- To the fullest extent permitted by law (including the Competition and Consumer Act 2010 (Cth)) the Company’s liability under this Agreement is limited to:
(i) in the case of goods:
1. the replacement or repair of the relevant goods, or the supply of equivalent goods; or
2. the payment of the cost of replacing or repairing the goods, or of acquiring equivalent goods; and
(ii) in the case of services:
1. supplying of the services; or
2. the payment of the cost of having the services supplied again.
- Where the Company replaces the Products, it will arrange for delivery of the replacement Products to the Customer’s address as specified on the Order Form unless otherwise agreed in writing by the Company.
Each party will not be in breach of these Terms & Conditions and will not have any liability to the other party if it is prevented from complying with any of its obligations under these Terms & Conditions by reason of Force Majeure. “Force Majeure” means any act, event or circumstance beyond the reasonable control of the affected party by Force Majeure, and includes, without limitation, casualties, war, rebellion, revolution, blockades, riots, insurrection, strikes, lockouts, labour or industrial problems, civil unrest, embargos, domestic or international disturbance, acts of terrorism, outbreaks of disease, virus, pandemics or epidemics, world and/or regional health threats, governmental actions or delays, fire, hurricanes, earthquakes storms, floods, other natural catastrophes or severe weather conditions or acts of God, travel or health advisories, orders or recommendations issued by any relevant government authorities or international bodies or agencies.
If there is a Force Majeure which prevents the Company from being able to provide the Customer with the Products purchased under these Terms & Conditions, then the Company has the right to terminate the agreement and will refund all amounts paid by the Customer for the unavailable Product.
The Customer acknowledges that no person, agent or employee has been or is authorised to make any representations, warranties, guarantees or other statements on behalf of the Company.
These Terms & Conditions shall be governed by the laws of New South Wales and the parties submit irrevocably and unconditionally to the non-exclusive jurisdiction of the Courts of New South Wales.