Respire Commerce Pty Ltd Warranty
This Warranty is between Respire Commerce Pty Ltd (ABN: 34 669 711 639) (we, us or our) and the person, organisation or entity specified in the Sales Terms and Conditions (you or your), together the Parties and each a Party. This Warranty is referenced in and forms part of the Sales Terms and Conditions.
Respire Commerce Pty Ltd provides to you this Warranty against Defects in your Respire products.
- YOUR RIGHTS AT LAW
- The benefits given to you under this Warranty are in addition to, and do not limit or derogate, your rights and remedies at law in relation to your Respire products, including under the Australian Consumer Law (ACL) within theCompetition and Consumer Act 2010(Cth).
- Consumer guarantees (under the Australian Consumer Law) have no set time limit but generally last for an amount of time that is reasonable to expect, given factors such as the cost and quality of the Respire products or any representations made.
- Mandatory wording: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and 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.
- Subject to the terms of this Warranty, and without limiting your statutory rights, your entitlement under this Warranty will commence from the date of dispatch of your Respire products under the Sales Terms and Conditions and will continue to operate for a period of 12 months (Warranty Period).
- This Warranty only sets out the Warranty Period within which we will offer you a refund, replacement, repair or exchange. Your rights under the ACL may extend beyond the Warranty Period.
WHAT WE WILL DO TO HONOUR THIS WARRANTY
- Subject to the terms of this Warranty (including you making a valid claim pursuant to clause 5), and without limiting your statutory rights, we will use our best endeavours to remedy any Defect in your Respire products during the Warranty Period at our cost.
- We may, in our discretion, elect to:
- replace Respire products;
- exchange Respire for a new item, which, to the maximum extent permitted by law, will be your sole and exclusive remedy in relation to the Defect. Again, this clause does not seek in any way to limit your statutory rights, including under the ACL.
- If any materials, parts, features required to facilitate any repair or replacement pursuant to clause 3.2 are unavailable or no longer in production, or the model of Respire products are no longer available or in production, we will use our best endeavours to use appropriate equivalent materials, parts, features or model.
WHEN THIS WARRANTY APPLIES AND WHEN IT DOES NOT
- Subject to the terms of this Warranty, your Respire products are warranted by us to be free from Defects for the duration of the Warranty Period.
- We set out below the circumstances where we will not be liable to you under this Warranty. Again, this clause does not seek in any way to limit your statutory rights, including under the ACL.
- To the maximum extent permitted by law, this Warranty does not cover, and we will have no liability for any Liability, and you waive and release us from any such Liability (under this Warranty or otherwise), in relation to any Defect which is caused (or partly caused) or contributed to, by any:
- act or omission, accident, misuse, abuse or negligence by you or any third party not engaged by us;
- failure on your part to properly maintain your Respire products in accordance with any of our instructions or guidelines (including any manual or brochure);
- failure on your part to follow any instructions or guidelines (including any manual or brochure) provided by us or the manufacturer in relation to your Respire products, including in relation to the right environment for you to use your Respire products;
- use of your Respire products otherwise than for any application or use specified by us or the manufacturer of the Respire products;
- continued use of your Respire products (where such use is not reasonable) after any Defect in your Respire products becomes apparent or would have become apparent to a reasonably prudent person;
- failure by you to notify us of any Defect in your Respire products within a reasonable period of time after you become aware of or ought to have reasonably become aware of the relevant Defect;
- reasonable wear and tear of your Respire products;
- cosmetic damage, including but not limited to scratches, dents and broken plastic on ports, cords or controllers, unless failure has occurred due to a Defect in materials or workmanship;
- act of God or force majeure event (including but not limited to war, riot, invasion, act of terrorism, contamination, earthquake, flood, fire, or other natural disaster, or any other event or circumstance beyond our or the manufacturer’s reasonable control); or
- repair, replacement, maintenance, or any other compromise of the Respire products by you or any person other than us or the manufacturer.
- To the maximum extent permitted by law, this Warranty will be void, we will have no liability for any Liability, and you waive and release us from any such Liability, whether under this Warranty or otherwise, if any work or services carried out by us (including repair work or services) are altered, tampered with or otherwise compromised by you or any person other than us or the manufacturer, without our prior written consent.
- We will have no Liability, and you waive and release us from any Liability, for any delays (including any costs arising out of any delays) in providing any work or services (including repairs) under this Warranty, or in assessing any claim made by you under or in relation to this Warranty.
- No commercial use: All of our products, including the Respire products, are designed and intended for home use only. They are not intended for commercial use, including but not limited to commercial gyms, commercial spas, wellness centres, chiropractor offices, physician offices, any other medical facilities, churches, police/fire departments, government agencies, apartment/retirement/condominium communities, hotels, cruise ships, schools or universities. Using our products for commercial use will void this Warranty and we will have no liability for any Liability, and you waive and release us from any such Liability, whether under this Warranty or otherwise.
MAKING A VALID WARRANTY CLAIM
- To claim the benefit of this Warranty, you must:
- notify us by email at email@example.com as soon as you become aware of the Defect, and in any event, within 30 days of when you become aware of the Defect;
- provide any other information or evidence reasonably required by us to assess your claim (including photographs, a description of the Defect and when the Defect occurred); and
- provide evidence of proof of purchase of your Respire products from us, upon request.
- If we determine that you have a valid claim under this Warranty we will notify you of our determination as to whether your claim is valid under this Warranty, and if so, clause 3 will apply. We will send you prepaid postal stamps and instructions on how to properly pack and address your Respire products, so that you may ship it to us. Instructions will be sent to you via email. If we have elected to repair, replace or exchange your Respire products (or part thereof) in accordance with clause 3.2, we will send the repaired, replacement or exchanged product to you. We will pay for shipping to and from your address provided that you have followed our instructions regarding the method of packaging and shipping the Respire products.
- We reserve the right to change the method under clause 5.2 by which we may provide service under this Warranty to you. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to your country. You may be responsible for shipping and handling charges if the Respire products cannot be serviced in the country it is in. If you seek service under this Warranty in a country that is not the original country of purchase, you agree to comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. Where international service is available, Respire may repair or replace the Respire products and parts in accordance with clause 3.2 with comparable products and parts that comply with local standards.
- To the maximum extent permitted by law, any determination we make under clause 5.2 will be final and binding.
- Sales Terms and Conditions prevails: This Warranty is subject to the Sales Terms and Conditions and in the event of any inconsistency or ambiguity between this Warranty and the Sales Terms and Conditions, the Sales Terms and Conditions will prevail.
- Limitation of Liability: To the maximum extent permitted by law, our liability for any Liability under this Warranty will be limited and/or excluded in accordance with any limitation or exclusion of liability set out in the Sales Terms and Conditions.
- Consequential Loss:Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability to you for any Consequential Loss.
- Jurisdiction and applicable Law: This Warranty is governed by the laws of Queensland and the Commonwealth of Australia. Each party to this Warranty irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland.
- No third-party reliance: The benefit of this Warranty is for you only, and no other person or third party can rely on or make a claim under this Warranty.
- No Assignment or Transfer: This Warranty or the benefit under this Warranty cannot be assigned or transferred to any other person or third party.
- Severance:If any provision (or part of it) under this Warranty is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under this Warranty cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from this Warranty and the remaining provisions (and remaining part of the provision) of this Warranty are valid and enforceable.
In this Warranty, capitalised terms have the meanings given to them in the Sales Terms and Conditions, and:
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Defect means any non-compliance of the Respire products with the requirements of our Sales Terms and Conditions as a result of our default, andDefective has a corresponding meaning.
Respire the product supplied by us to you pursuant to the Sales Terms and Conditions, and includes our branded accessories contained in the original packaging of the Respire products supplied to you.
Sales Terms and Conditions means our Sales Terms and Conditions, which has been entered between the Parties in relation to Respire products.