Certain legislation in Australia may provide consumer guarantees or impose obligations on The Proprietor which cannot be excluded, restricted or modified, or only to a limited extent. These Terms and Conditions are subject to such legislation, including without limitation the Australian Consumer Law.
Australian Consumer Law means the law as set out in Schedule 2 of the Competition and Consumer Act 2010 as amended from time to time.
Contract means a contract for sale by The Proprietor to the Customer of the Products incorporating these Terms and Conditions.Consumer Contract means a contract for the acquisition of goods as a 'consumer' as that term is defined in section 3 of the Australian Consumer Law.
Customer means the person or legal entity identified in The Proprietor's Quotation via the Website Shopping Cart or Invoice.
High Risk Activities means use in hazardous circumstances, including without limitation any application in which the use of the Products could lead directly to death, personal injury or severe physical or property damage.
Order Confirmation means formal acknowledgement of Product ordered by Customer, sent by The Proprietor.
Place of Delivery means the place designated by the Customer and agreed to by The Proprietor for delivery of the Product.
Price means the price as per The Proprietor's Quotation and Order Confirmation and the latter will have precedence. The price for international orders may be quoted in Australia dollars.
Products means the products as described in the Order Confirmation and may include Scullr Branded products and third party products.
Shopping Cart means the products selected by the customer for purchase on the website.
Standard Warranty means the warranty protection that comes standard with purchases from The Proprietor, as set out in clause 7 of these Terms and Conditions.
The Proprietor means Dr Henry Thomas operating as a Sole Proprietor who owns and manages the Scullr brand and manufactures products under that mark.
Scullr Branded means rowing related products that are marked with the Scullr brand, including replacement parts.
Website means the scullr.com website
2.1 No Contract comes into existence until the Customer's order has been accepted by The Proprietor and such acceptance has been received by the Customer. The Contract is deemed to be concluded at the time and place where such acceptance is received by the Customer. The Customer warrants that it is buying for its own use only and not for re-sale purposes.
2.2 The products sold are subject to these Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by the Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by these Terms and Conditions. Neither The Proprietor's acknowledgement of a purchase order nor its failure to object to conflicting, different, or additional terms and conditions in a purchase order will be deemed an acceptance of such terms and conditions or a waiver of these provisions.
3.1 Unless credit terms have been expressly agreed by The Proprietor, payment for the Products must be made in full before physical delivery of Products.
3.2 The Customer will pay for all applicable shipping and handling charges.
3.3 The Customer will bear all country, provincial, government, state and local sales, use, goods, value added, excise, privilege and similar levies/taxes.
Title to and risk in the Products passes to the Customer upon delivery of the Products to the Customer.
5.1 The Proprietor will arrange delivery of the Products to the Place of Delivery.
5.2 For the efficiency of The Proprietor's fulfilment procedures and to comply with IATA Dangerous Goods Regulations regarding the safe transport of lithium ion batteries, it may be necessary for The Proprietor to deliver the Products by instalments in any sequence. Except as provided in clause 5.4, the Customer may not cancel the Contract where Products are delivered by instalments.
5.3 Any dates provided by The Proprietor for the delivery of the Products are estimates only and will not form part of the Contract. Actual delivery date will be affected by factors such as clearance of payment, Customer's location and availability of parts for the Products. For Consumer Contacts The Proprietor will not be liable for any delay in delivery of the Products which is outside of The Proprietor’s control.
5.4 Customer may cancel an order for Products purchased under a Consumer Contract if The Proprietor is unable to deliver the Products within a reasonable period from the estimated delivery date.
5.5 The Proprietor has a policy of on-going Product update and revision. As a result, The Proprietor may revise and/or discontinue Products at any time without notice.
5.6 Where Products ordered under a Consumer Contract have been revised and/or discontinued, The Proprietor will supply revised or updated Products with the same or better functionality and performance of the Products ordered. The Customer accepts that The Proprietor's policy may result in differences between the specification of Products delivered to the Customer and the specification of Products ordered.
6.1 Unless the Customer notifies The Proprietor to the contrary on the day of delivery and such notification is confirmed in writing within seven days, the Products will be deemed to have been accepted by the Customer. The Customer will not be entitled to withhold payment of all or any of the price of the Products whilst any claim is being investigated by The Proprietor.
6.2 Nothing in clause 6.1 affects a Customer's right to claim against The Proprietor for a faulty product under The Proprietor's Standard Warranty, or under their rights under statute.
7.1 Nothing in this clause 7 affects a Customer's rights under the Australian Consumer Law.
7.2 Unless specified otherwise and in addition to any rights the Customer may have under statute and subject to this clause 7, The Proprietor warrants to the Customer that Scullr branded products will be free from defects in materials and workmanship affecting normal use for a period of one year from the invoice date.
7.3 This Standard Warranty does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, use or storage at temperatures above or below specification, alteration or servicing not authorised by The Proprietor, problems caused by use of parts and components not supplied by The Proprietor, usage not in accordance with Product instructions, failure to perform required preventive maintenance, normal wear and tear, acts of God, fire, flood, war, acts of violence or any similar occurrence.
7.4 Under the Standard Warranty during the one-year period beginning on the invoice date, The Proprietor will repair or replace Products returned to The Proprietor's facility. The Proprietor will ship the repaired or replacement products to Customer freight prepaid.
7.5 The Standard Warranty is given in place of all excludable warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description. The Standard Warranty applies in additional to all consumer guarantees under Australian Consumer Law.
7.6 Products presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the Products. Where a Product is repaired or replaced under the Standard Warranty, the Product will be warranted for the balance of the original Standard Warranty period.
8.1 The Proprietor does not provide refunds or exchange Products if the Customer has a change of mind.
8.2 The Customer my request a refund or exchange if the Product has a major problem. A major problem is when:
(a) the Product has a problem that would have stopped the Customer from buying the Product had the Customer known about the Problem beforehand;
(b) the Product is significantly different from how it was described;
(c) the Product does not perform or function as described and cannot be easily fixed; or,
(d) the Product is unsafe.
8.3 The Proprietor only accepts returns in accordance with clause 8.2 (a to c) if they occur within 30 days of receipt by the Customer. To be eligible for a refund the Product must be in its original undamaged and unused condition and it must be returned in its original packaging. Only the amount paid for the Product will be refunded, less any shipping and handling charges, which are non-refundable. Under certain circumstances a partial refund may be granted if:
(a) the Product is not in its original condition;
(b) the Product is damaged or missing parts for reasons not due to an error on The Proprietor's part; or,
(c) the product is returned more than 30 days after receipt by the Customer.
8.4 Return postage is the responsibility of the Customer.
8.5 If the problem is not major but is covered by our Standard Warranty we will endeavour to repair or replace the product within a reasonable time. If the Product cannot be repaired or replaced within a reasonable time the Customer may request a refund.
9.1 The Proprietor will provide general technical support to the Customer online. Support offerings may vary from product to product. The Proprietor may, at their discretion, revise their general technical support and the terms and conditions that govern them.
9.2 The Proprietor has no obligation to provide support until The Proprietor has received full payment for the Product for which support is requested.
10.1 For goods which are not supplied under a Consumer Contract The Proprietor's total liability in respect of each event or series of connected events will not exceed the total price paid for the purchase of products under these Terms and Conditions.
10.2 The Customer will indemnify The Proprietor and keep The Proprietor fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the Customer, its employees, agents or sub-contractors in connection with the purchase or use of any of The Proprietor's products.
10.3 The Proprietor excludes liability for all consequential loss arising out of or in connection with the purchase or use of any of The Proprietor's products by the Customer, including liability for loss of income, loss of profits, loss of a contract, loss of goodwill, loss of potential business, or any damage to personal property or any personal injury whether direct or indirect, or any kind.
10.4 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by The Proprietor will be subject to correction without any liability on the part of The Proprietor.
10.5 In relation to goods that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, The Proprietor's liability for breach of a guarantee implied into a Contract which cannot lawfully be excluded is limited, at The Proprietor's option, to the replacement of the Products or the supply of equivalent Products; the repair of such Products; the payment of the cost of replacing the Products or of acquiring equivalent products; or the payment of the cost of having the Products repaired.
11.1 The Proprietor's products are designed for specific applications and purposes and to work under certain operating conditions. These are set out on the Scullr website, manual, leaflet and warning stickers. Customer's use of the Product other than in accordance with any operating instructions, specified operating conditions or any other information on the Scullr website, manual, leaflet or warning stickers may damage the Product. Such use may adversely affect the Customer's rights.
11.2 The Customer agrees to only use the Product in accordance with any operating instructions and any specified operating conditions provided on the Scullr website, manual, leaflet and warning stickers.
The Products are not designed or intended for use in High Risk Activities. The Proprietor expressly disclaims any express or implied warranty of fitness for High Risk Activities.
Neither party will be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party will be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions are governed by and construed in accordance with the laws of Queensland and are subject to the non-exclusive jurisdiction of the courts of Queensland.
15.1 The Customer must not assign or otherwise transfer any Contracts or any of its rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of The Proprietor. Any such unauthorised assignment will be deemed null and void.
15.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question will not be affected.
15.3 No failure or delay on The Proprietor's part in exercising any power or right under these Terms and Conditions operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.
16.1 Your Warranty will be valid when you have paid the full price of the Products covered by the warranty.
16.2 To claim under your warranty, contact Technical Support via the Scullr support page.
16.3 Your warranty will be valid for one year from the date of after receipt by the Customer. Please keep a copy of your proof-of-purchase — i.e. your email receipt.
16.4 You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
16.5 Your warranty rights are in addition to your statutory rights as a consumer.
The Standard Warranty for Scullr branded products is provided by:
Dr Henry Thomas (Sole Proprietor)
PO Box 8086, Bargara Queensland 4670, Australia