Terms and Conditions of sale
Ben Buckler Boards Pty Ltd – Terms and Conditions
Ben Buckler Boards Pty Ltd (“BBB”) supplies products which are exciting and inherently risky to use. The use of BBB products is a dangerous recreational activity which involves significant risk of physical harm. By purchasing and or using BBB Products to the extent permitted at law you agree to the following terms and conditions.
Each definition in the Civil Liability Act 2002 (NSW) and any similar legislation is hereby incorporated by reference into these terms and conditions.
BBB Products are designed for use by people in excellent physical condition skilled in the use of such products in good weather conditions. BBB Products are not suitable for use by people not in excellent physical condition or so skilled or in poor weather conditions. BBB Customers (“You”) agree to ensure that all users of BBB Products purchased by you are (a) in excellent physical condition, (b) skilled in the use of such products (c) obtain professional instruction in relation the use of BBB Products before use (d) satisfy themselves that the weather is suitable of the use of such products (e) follow any instructions provided with the BBB Products are instructions and (f) ensure that the BBB Products are in working order and free of all obvious defects before using.
You and third parties could sustain death, injury, illness, loss, damage, liability, cost or expense directly or indirectly caused by, contributed to by, resulting from or arising out of or in connection with the use (or misuse) of BBB Products or a breach of these terms and conditions.
All warranties whether express, implied, statutory or otherwise, relating in any way to the BBB Products generally, are excluded. Where legislation implies any condition or warranty and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or the exercise of or liability under such term, such term shall be deemed to be apply. However, the liability of BBB for any breach of such term shall be limited, at the option of BBB to any one or more of the following: if the breach related to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and if the breach relates to services the supplying of the services again; or the payment of the cost of having the services supplied again.
BBB shall not be under any liability (contractual, tortious or otherwise) to You in respect of any loss or damage (including consequential loss or damage) howsoever caused, which may be suffered or incurred or which may arise directly or indirectly in respect to the use of BBB Products or an act, failure or omission of BBB or any third party.
You release, indemnify and shall keep indemnified BBB, its officers, employees and agents, against any death, injury, illness, loss, damage, liability, cost (including legal costs on an indemnity basis) or expenses whether direct or indirect and whether sustained by you or a third party out of your use of BBB Products.
These terms and conditions shall be governed by and construed according to the law of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the Courts of New South Wales and the Commonwealth of Australia. Any proceedings in a Commonwealth Court shall be commenced and heard in Sydney.