Legal

Acceptance

By continuing to use, or access this Web Site, you agree to be bound by the following. Do not use this Web Site if you do not agree.
Waiver/disclaimer

1. The buyer acknowledges that:
   
   
   • 1.1 prior to execution of this agreement the buyer conducted a thorough examination of the goods;
      
   • 1.2 these terms and conditions supersede and exclude all prior and other discussions and representations including those relating to the performance of the products or any part of the products or the results that ought to be expected from using the product. No warranty, condition, description or representation in relation to the goods is given by the seller, expressly or impliedly by this agreement or outside this agreement;
      
   • 1.3 except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded;
      
   • 1.4 the seller is not the manufacturer of the goods and the guarantee of the manufacturer of the goods is accepted by the buyer and is the only guarantee given to the buyer in respect of the goods.
      
2. The seller’s liability for goods manufactured by it is limited to making good any defects by repairing the defects or at the seller’s option by replacement, within a period not exceeding 12 calendar months after the goods have been dispatched. However, the seller will have no liability whatsoever if:
   
   
   • 2.1 defects have arisen other than solely from faulty materials or workmanship;
      
   • 2.2 the goods have received maltreatment, inattention or interference;
      
   • 2.3 accessories of any kind used by the buyer are manufactured by someone other than the seller and are not approved by the seller;
      
   • 2.4 any of the seals on the goods are broken; or
      
   • 2.5 the defective parts are not promptly returned free of cost to the seller.
      
3. The seller agrees to assign to the buyer on request the benefit of any warranty or entitlement to the goods that the manufacturer has granted to the seller under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable.
    
4. The seller is not liable for and the buyer releases the seller from any claims in respect of faulty or defective design of any goods supplied unless the seller wholly prepared that design and the seller has specifically accepted in writing the responsibility for that claim. In any event the seller’s liability under this paragraph is limited strictly to the replacement of defective parts in accordance with clause of these conditions.
    
5. The seller is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of:
   
   
   • 5.1 the supply, layout, assembly, installation or operation of the goods;
      
   • 5.2 the seller’s negligence or in any way whatsoever;
      
   • 5.3 the performance of the products or any breach of these conditions;
      
   • 5.4 any error (whether negligent or in breach of contract or not) in information supplied to the buyer or a user before or after the date of the purchaser’s or user’s use of the products.
      
6. The seller’s liability for a breach of a condition or warranty implied by Div 2 of Pt V of the Trade Practices Act 1974 (other than s 69) is limited to:
   
   
   • 6.1 the replacement of the goods or the supply of equivalent goods;
      
   • 6.2 the repair of the goods;
      
   • 6.3 the payment of the cost of replacing the goods or of acquiring equivalent goods; or
      
   • 6.4 the payment of the cost of having the goods repaired.

Intellectual Property

You acknowledge that the Content in this Web Site is the subject of intellectual property and legal rights (including third-party rights). You must not at any time permit any act which infringes any of those rights.

Nothing contained on this Web Site should be construed as granting any licence or right to use or distribute any name, logo or trademark (registered or unregistered) displayed on this web site without the express written permission of Ship Shape Health Pty Ltd or the relevant party.