Safety is our number one priority.
All of Premier Trampolines trampolines have been designed to have the safety enclosure and safety padding assembled. Even though our Springless Trampolines have a soft fall surface under the pad, you are still required to fit the Safety Pad and Safety Enclousure.
"Agreement" means the purchase of the product as governed by the terms and conditions;
"BCI" means Premier Trampolines;
a: 295 Thompson Road, North Geelong VIC 3215 p:1300 778070 e:firstname.lastname@example.org;
"Customer" includes the purchaser of the product and any User;
"Product" means the Trampoline and any parts;
"Trampoline" means the trampoline purchased by the Customer giving rise to the Agreement.
"User" means any third party that uses the Product with or without the consent of the Customer;
2. Conditions of purchase
In purchasing the Product the Customer agrees to enter the Agreement and be bound by the terms and conditions as set out herein.
a) In relation to the Trampoline that the Customer has purchased from BCI, BCI warrants to the best of its knowledge (subject to clause 3(k)) that the Trampoline is free from manufacturing defects and that it will remain free from defects caused by ordinary usage (within the guidelines provided) throughout the warranty period (as defined in clause 3(b1-2-3)).
b1) The warranty applies during the warranty period. The warranty period that applies for all orders from 6 November 2014, (but excludes Jump Trampoline models, see b3) below) varies for different components of the trampoline as follows:
i. Steel frame Lifetime
ii. Jumping mat and surface 18 Months
iii. Safety net enclosure 18 Months
iv. Safety pads 18 Months
v. All other components 18 Months
b3) The warranty applies during the warranty period. The warranty period that applies for the Jump Trampoline models varies for different components of the trampoline as follows:
i. Steel frame 1 years
ii. Jumping mat and surface 6 months
iii. Safety net enclosure 6 months
iv. Safety pads 6 months
v. All other components 6 months
e) If the Customer's claim relates to a manufacturing defect the Customer must notify BCI of its claim within 7 days of the product being assembled. For the purposes of this clause 3, manufacturing defects include, but are not limited to, matters such as cuts or holes in the mats or netting, poor quality stitching and missing or incorrectly sized components.
f) If the Customer's claim relates to a defect that is not a manufacturing defect the Customer must notify BCI of its claim within the warranty period and within 7 days of becoming aware of the alleged defect.
g) Upon receiving a warranty claim BCI may require the Customer to return the trampoline or the allegedly defective component to BCI for examination and/or testing at the Customers expense. All warranty claims must be made with a proof of purchase. Provided that the Customer complies with any reasonable requests that BCI might make, BCI undertakes to respond to the Customer's claim within 21 days from the date on which it has all of the evidence that it reasonably requires.
h) If the Customer's warranty claim is accepted BCI may in its absolute discretion either:
i. Provide a replacement component(s) or trampoline; or
ii. Repair any defects that are reasonably capable of being repaired; or
iii. Provide a full refund of the price paid for the Trampoline.
i) If any component is repaired or replaced the warranty period in relation to that component from the date of supply of that component is whatever period was left on the warranty period in respect of the original component.
j) BCI does not accept responsibility for any costs, losses or damages that the Customer might suffer in making a warranty claim and in making a warranty claim the Customer agrees unconditionally not to seek to recover any such sums from BCI.
k) This warranty is non-transferable. All warranty claims must be made by the person who made the original purchase of the trampoline from BCI.
l) Nothing in this document is intended to limit any warranty that is implied by law to the extent that any such limitation would be unlawful. 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.
m) The warranty set out in clause 3(a) is subject to the following exclusions:
i. The warranty in relation to the steel frame does not cover the natural occurrence of surface rust on the steel frame of the Trampoline.
ii. The warranty does not cover any damage that may be caused to the Trampoline or surrounding property as a result of improper or incomplete assembly, resultant damage from being blown away from the wind or any damage this incident causes to surrounding person or property, want of maintenance, other failure to follow instructions or exercise due care including, but not limited to the assembly, use or supervision of the Product. Proper assembly of the trampoline includes the assembly of the trampoline base, mat, safety pad, safety enclosure.
iii. Except where provided in clause 3(b), the warranty does not include or extend to any accessories that might be purchased in connection with the Trampoline.
iv. The warranty does not include or extend to any costs that the Customer may incur in having the trampoline or any of its components repaired or replaced otherwise than by a warranty claim.
v. The warranty does not include any alleged defects that are the subject of a warranty claim after the Trampoline or any of its components have been replaced with components not supplied by BCI or repaired by a party other than BCI.
vi. The warranty does not include or extend to any defects that have been caused in whole or in part by the commercial use of the Trampoline.
vii. The warranty does not cover any damage that may be caused to the Trampoline after being erected or dug into a hole or any costs directly or indirectly incurred in construction of the hole.
viii. The warranty does not include or extend to any indirect loss or damage that may be suffered.
x. The warranty does not include or extend to any damages to sprlngless bands from UV sun where the trampoline padding has not been installed on the trampoline.
n) To open a claim under this warranty please email (email@example.com) with the following information
i. A brief description of the suspected defect or item being claimed; and
ii. A close up photo of the suspected defect; and
iii. A wide shot photo of the entire Trampoline; and
iv. A scanned copy of your purchase receipt or other proof of purchase.
4.1 Limitation of liability
a) Subject to clause 4.1(b) and to the extent permitted by the Competition and Consumer Act and relevant state legislation, the sole obligation of BCI under this Agreement is to use its best endeavours to provide the Product or repair or replace (at BCI’s discretion) any part of the Product which is found to be defective during the warranty period and in no event shall BCI be liable for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the products, and any indirect, special or consequential damages or injury to any person, corporation or other entity.
b) If any products supplied pursuant to this Agreement are supplied to the Customer as a ‘consumer’ of goods or services within the meaning of that term in the Competition and Consumer Act as amended or similar state legislation the consumer will have the benefit of certain non-excludable rights and remedies in respect of the products or services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Competition and Consumer Act or similar legislation is so conferred. However, if the product is a product not ordinarily acquired for personal, domestic or household use or consumption pursuant to s 68A of the Competition and Consumer Act and similar provisions of relevant state legislation, BCI limits its liability to payment of an amount equal to the lowest of:
i. the cost of replacing the goods;
ii. the cost of repair of the goods;
iii. the cost of having the goods repaired or replaced.
c) Subject to clause 4.1 (b) BCI is not be liable for default or failure in performance of its obligations pursuant to this Agreement resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials including ink, chemicals and paper, labour or transportation or any other cause beyond the reasonable control of BCI.
d) Subject to clause 4.1 (b), BCI is not responsible for any loss, injury or damage caused by an error or defect in the products or errors or faults caused by alteration, modification, misuse, neglect and unauthorised repair supplied by any person, or in the event that the Customer uses the Product in a manner inconsistent with the safety instructions as set out in these terms and conditions.
4.2 Exclusion of negligence
a) BCI is not liable to the Customer in contract or in tort arising out of, or in connection with, or relating to:
i. the performance of the Product or any breach of these terms and conditions; or
ii. any fact, matter or thing relating to the Product; or
iii. any error (whether negligent or in breach of contract or not) in information supplied to the Customer or a User before or after the date of the Customer’s or User’s use of the Product.
a) The Customer waives on a continuing basis any rights against BCI for any liability, loss, expense or demand for or arising from any false, misleading, deceptive or misdescriptive representation or statement made by BCI in respect of the products to any person. This waiver survives termination of this agreement by either party for any reason.
b) The Customer waives any rights against BCI for any losses, damages, claims, demands, suits, actions, proceedings, orders or judgments whatsoever arising out of or in respect to the supply of the Product by BCI to the Customer and BCI is not liable for any loss arising in the course of its conduct as supplier of the Product to the Customer including without limiting the generality of the foregoing in respect of:
i. any breach of any conditions or warranty given by BCI expressly or by operation of any statute in respect of the Product;
ii. BCI being deemed ‘manufacturer’ of the products by operation of the Competition and Consumer Act;
6. Safety Instructions
6.1 Prior to use
a) Prior to use a safety check should be undertaken of the Trampoline and all surrounding areas to ensure the Trampoline and its component parts are in good repair and properly fitted, there are no overhead obstructions, there is nothing underneath the trampoline, and that the areas surrounding the Trampoline are free of any obstacles or hazards;
b) Remove any debris from the Trampoline prior to use;
c) Heavy or unsuitable footwear including but not limited to boots or heeled shoes should be removed prior to use;
d) Loose articles including but not limited to jewellery, spectacles, and items in pockets should be removed prior to use;
e) Do not use the Trampoline when tired;
f) Do not use the Trampoline when injured;
g) Do not use the Trampoline in wet and/or windy conditions;
h) Do not use the Trampoline whilst under the influence of drugs or alcohol;
6.2 During use
a) Only one person at a time should use the Trampoline;
b) Do not allow any bystanders to sit on or lean against the Trampoline whilst in use;
c) Any child using the trampoline should be under supervision from an adult or mature person;
d) Always bounce in the centre of the mat;
6.3 After use
a) Do not dismount the Trampoline by jumping from the mat to the ground;
b) Secure the Trampoline from unauthorised or unsupervised use.
7.1 Entire Understanding
a) This Agreement contains the entire understanding between the parties concerning the subject matter of the Agreement and supersedes all prior communications between the parties.
b) Each party acknowledges that, except as expressly stated in this Agreement, that party has not relied on any representation, warranty or undertaking of any kind made by or on behalf of the other party in relation to the subject matter of this Agreement.
7.2 No Waiver
a) A failure, delay, relaxation or indulgence by a party in exercising any power or right conferred on the party by this Agreement does not operate as a waiver of the power or right. A single or partial exercise of the power or right does not preclude a further exercise or any other power or right under the Agreement. A waiver of a breach does not operate as a waiver of any other breach.
a) If any provision of this Agreement offends any law applicable to it and is as a consequence illegal, invalid or unenforceable then:
i. where the offending provision can be read down so as to give it a valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve that result; and
ii. in any other case the offending provision must be severed from this Agreement in which event the remaining provisions of the Agreement operate as if the severed provision had not been included.
a) This Agreement may be varied by BCI at any time in writing, by posting any variation on the BCI website.
7.5 Governing Law and Jurisdiction
a) This Agreement is governed by and must be construed in accordance with the laws of the State of Victoria. The parties submit to the non-exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters or things arising out of this Agreement.
a: 295 Thompson Road, North Geelong VIC 3215
p: 1300 778070
e: firstname.lastname@example.org | warranty@ premiertrampolines.com.au
Version Date: 2 December 2015