The following are the terms and conditions under which Dial-A-Bed will supply the goods ordered/purchased.
1.1 The Customer acknowledges that they have ordered or purchased (as the case may be) the Products.
1.2 Dial-A-Bed offers no warranty that the Products are suitable for the purpose to be used by the Customer.
1.3 The Delivery Date overleaf is approximate and whilst Dial-A-Bed will make every effort to deliver on time, reasonable late delivery shall not be grounds for any dispute.
The Customer undertakes to pay the purchase price for the Products as advertised by cash, or by a credit card acceptable to Dial-A-Bed, or by direct bank deposit within seven days of placing the order, or in person through any of these means. Unless otherwise agreed, the purchase price does not include delivery or any other services.
Stock orders are liable for a 15% nonrefundable deposit to cover restocking fee in the event of Customer cancellation. Special orders are liable for a 50% nonrefundable deposit to cover restocking fee in the event of Customer cancellation.
4.1 Subject to clauses 4.2, Dial-A-Bed is under no obligation to accept any returns of Product from the Customer.
4.2 If Products are defective or damaged through no fault of their own, the Customer is required to notify Dial-A-Bed within 48 hours of delivery.
4.3If you notice any damage to your goods at time of delivery, please notify our driver and email firstname.lastname@example.org within 48 hours of delivery.
4.4 Dial-A-Bed reserves the right to replace or repair such defective goods or to reimburse the Customer at the original purchase price. No product will be accepted without an authorised return docket from Dial-A-Bed.
Risk in the Product passes to the Customer when the Product is delivered or dispatched to the Customer and title to the Product passes to the Customer on full payment by the Customer of all charges.
Dial-A-Bed does not warrant any product sold by it, in any way whatsoever. The customer acknowledges that the customer relies solely upon the warranty extended to Dial-A-Bed, by the supplier of such goods.
6.2.1 The warranties herein contained extend to the original purchaser (whose details are recorded by Dial-A-Bed) only. They do not cover any person to whom an item is transferred. Exercise of any of the above Warranties is subject to delivery of the item to Dial-A-Bed and to proof of purchase and the date of purchase (as to which Dial-A-Beds’ records shall be conclusive in the case of disagreement).
6.2.2 This Warranty does not cover the cosmetic appearance of any surface of any item or of its components which may be changed after an item leaves Dial-A-Bed’s premises.
6.2.3 This Warranty shall not extend to any item which is found to have been used for any purpose other than that for which it was manufactured, which is altered or modified in any way, or which has suffered prior damage, unreasonable use or failure to provide reasonable and necessary maintenance.
6.2.4 There shall be no implied or actual Warranty with respect to the manufacture of, or merchantability, or fitness for a particular purpose of any item sold by Dial-A-Bed and Dial-A-Bed shall not be liable for any transportation charges, or for any direct, special, incidental, consequential (including loss of profit) or other loss or damage, whether based in contract, or tort, or arising from breach of any Warranty or otherwise provided that Dial-A-Bed acknowledges that this Warranty does not exclude or limit the application of any provision of any Statute (including the Trade Practices Act) where to do so would contravene that Statute or cause any part of this Agreement to be void (“Non-excludable Condition).
6.2.5 Dial-A-Bed’s total liability hereunder for a breach of any Non-excludable Condition (other than one implied by Section 69 of the Trade Practices Act) is limited at its option to any one of supplying, repairing or replacing an item of furniture.
6.2.6 All mattresses and bases are covered with the standard factory warranty with an additional extended warranty of between 5-15 years. This warranty is a back to base warranty and freight charge for defective product is liable from the purchaser.
7.1 The Customer indemnifies Dial-A-Bed, it’s employees, agents and subcontractors against all losses, damages, expenses and costs (on a full indemnity basis and whether incurred by or awarded against any of them) that any of them may sustain as a result, whether directly or indirectly of any claim.
7.2 For the purpose of these Terms of Supply, “Claim” means any claim by any third person for loss or damage to any property, injury to or death of any person or economic loss arising out of or relating to any or all of the Products, any delay or failure in supplying the Products and these Terms of Supply.
These Terms of Supply contain the entire agreement between Dial-A-Bed and the Customer in relation to its subject matter and supercede all prior negotiations, agreements, understandings and commitments between Dial-A-Bed and the Customer in relation to that subject matter.