Terms and Conditions of supply
STANDARD CONDITIONS OF SUPPLY – TERMS, AND CONDITIONS OF SALE
Variation of Conditions
The following Conditions shall apply to all our contracts except to the extent that they are varied in writing. No alteration, variation, amendment of, or additions to the Conditions shall be valid unless made in writing and signed by our authorized representative.
Goods and Services Tax (GST)
All prices are inclusive of GST where applicable.
Although we will use all reasonable efforts to meet our forecasts for delivery of the product, such forecasts are estimates only.
All ACAQ products are not sold on an in-home trial basis.
Risk and Property
The risk in the product shall pass to the customer upon delivery. Products arriving damaged on delivery must be notified to the office within seven days. Products being short delivered must be notified to the office within seven days of delivery. All claims for non delivery must be notified to our office within thirty days of placing the order
Provided that we have fulfilled our obligations, property in the product(s) shall remain with us until we receive full payment in cash or cleared funds. We shall be entitled to repossess the product(s) prior to full payment if there is a default in payment.
Warranties and Liabilities
The statutory rights of the customer to seek remedy for goods that are miss-described or are not of satisfactory quality are not affected by the following warranty conditions.
Subject to the conditions set out herein we warrant that the ACAQ adjustable massage bed will correspond with its specifications at the time of delivery and will be free from defects in material and workmanship for a period of 5 years on memory foam mattresses, 10 years on all electrical components and lifetime limited warranty on the frame. All ACAQ chairs will be free from defects in materials and workmanship for a period of 5 years on the materials and framework and 5 years on the electrical components and motors. All portable equipment (Hand massage Units and massage pads) will be free from defects in material and workmanship for a period of two years
The above warranty is given subject to the following conditions:
We shall be under no liability in respect of any defect arising from fair wear and tear wilful damage, negligence, abnormal working conditions, failure to follow our instructions (whether oral or in writing), misuse or alteration, or repair of the bed without our approval.
We shall be under no liability under the above warranty until the total price for the bed has been paid although the warranty period shall commence from the date of delivery.
We shall be entitled to repair any defect covered by the warranty in satisfaction of any liability.
We shall be entitled to make a charge for call-out and labor for in-home repair in the event that the defect repaired is not covered by the warranty nor under the customer’s statutory rights relating to the quality and condition of the bed.
We shall be entitled to make a charge for call-out and labor for in-home repair under the warranty after the first year unless where the defect falls under the customer’s statutory rights relating to the quality and condition of the bed.
Any claim by the customer which is based on any defect in the quality or condition of the bed or its failure to correspond with specification shall be notified to us within a reasonable time after discovery of the defect or failure. Failing to do this, the customer shall not be entitled to reject the bed.
Certain statutory rights and warranties are implied in all contracts and cannot be excluded. The following terms and conditions are subject to such implied or expressed warranties that cannot be excluded hereunder.
Warranty Exclusion: Please note that our warranty on electrical items does not cover damage caused by power surges, unauthorized changes to the electrical system or any incidents of deliberate or unintentional misuse. ACAQ recommends you install a suitably approved power arrestor in your home. Customers should be aware that damage of faults repaired as a result of any of the aforementioned causes will not be covered by our warranty and you will be charged the cost of replacement parts, labor, and also a call-out fee..
Payment for the bed shall be made on or before delivery.
Failure to Pay
If the customer fails to make payment when due, the amount unpaid shall incur compound interest at the rate of 2.5 percent per month in respect of the whole or part of each month that the amount outstanding shall remain unpaid.
Any notices to be given by the parties must be in writing and will be deemed to have been given two business days after posting.
This contract shall be governed by the laws of Queensland.
We are unable to offer any products on a trial or sale or return basis.
In some circumstances, we will agree to a return and refund less our reasonable costs incurred. We are unable to accept returns for mattresses due to hygiene reasons. Please again note that our mattresses are medium-firm and may not suit if you require only a soft mattress.
Once products have been dispatched from our warehouse orders cannot be canceled without incurring charges for transportation which will vary from postcode to postcode.
All products as per consumer law can be returned at no cost if they are not as described, fit for purpose, or have a major manufacturing fault.