Ben Buckler Boards Pty Ltd – Terms of Sale
By purchasing a product from Ben Buckler Boards Pty Ltd (BB), you agree to be bound by these Terms and Conditions of Sale (Terms of Sale).
BB may change these Terms of Sale from time to time. These Terms of Sale and any changes to the Terms of Sale will be shown on BB's website. By purchasing any product from BB (BB Product) after that effective date you accept and are bound by the changed Terms of Sale for that purchase and future purchases.
No amendment or variation of the agreement to purchase BB Products (including the applicable version of these Terms of Sale) is valid or binding on a party unless made in writing and executed by both parties.
We may accept or reject an order for a BB Product in our sole discretion and nothing in this document obligates us to supply you with any BB Product which is unavailable or has been incorrectly listed for sale (including pricing errors).
If we accept your order, you will be directed to our online payment system (where you are ordering online), or you must pay in-store, at the time of purchase.
Title in any BB Product you have ordered only passes once we receive full and clear payment from you. Risk passes to you on and from (as applicable):
(a) the date of delivery to the address specified in your order form (if you ordered online); or
(b) on you taking possession of the BB Product following an in-store purchase.
BB supplies products which are exciting and inherently risky to use. The use of BB Products is a dangerous recreational activity which involves significant risk of physical harm. By purchasing and or using BB Products you release BB from all liability to the extent permitted at law and you agree to these Terms of Sale.
You must ensure that BB Products are used in the manner in which they were designed and manufactured for. You must always follow the manufacturer's instructions for proper use. In addition to the manufacturer's instructions, please refer to BB's risk warning.
You must not modify or tamper with any BB Product.
You acknowledge that you and third parties could sustain death, permanent and serious disability, 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 BB Products or a breach of these Terms of Sale.
All warranties whether express, implied, statutory or otherwise, relating in any way to the BB Products generally, are excluded. Where BB is not legally permitted to exclude, limit, or modify a warranty (including the Australian Consumer Law guarantees), then that warranty or guarantee is not excluded, limited, or modified to the extent that BB is not legally permitted to do so.
Where a BB Product is supplied to a consumer and that BB Product is not of a kind ordinarily acquired for personal, domestic, or household use or consumption, the liability of BB for any breach of such term shall be limited, at the option of BB (in its absolute discretion) 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.
Product warranties issued voluntarily by BB are not transferable to second owners, unless agreed in writing with BB prior to the second hand sale.
To the extent permitted by law, BB shall not be under any liability (contractual, tortious or otherwise) to you in respect of any consequential loss or damage (including loss of revenues, loss of reputation, loss of profits, loss of actual or anticipated savings, loss of bargain, lost opportunities (including loss of the benefit of a contract) and loss or damage in connection with claims against you by third parties) howsoever caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the use of BB Products or an act, failure or omission of BB or any third party.
Without limiting any other provision in these Terms of Sale, but only to the extent permitted by law, BB's maximum liability to you for any claim howsoever arising in connection with any BB Product, whether based on contract, tort (including negligence), statute, equity or any other cause, is limited to the price of the BB Product to which the claim relates.
BB reserves the right to cancel orders. If BB cancels an order, you will be contacted and the full refund will be processed.
The best safety equipment and the most experienced user cannot completely eliminate the risks certain sporting and outdoor activities pose, including when using BB Products. Sporting and outdoor activities are inherently dangerous activities and pose a risk to your life.
By purchasing and using BB Products, you understand, agree and voluntarily undertake to assume the risks involved with sporting and outdoor activities, including while using BB Products. You understand risks and dangers include, but are not limited to, sprains, broken bones, bruises, cuts, temporary or permanent paralysis and even death. Other risks which may arise when using BB Products include unforeseen weather conditions, hazardous and unknown terrain, geographical conditions, failure to properly maintain equipment, failure to obey traffic instructions or local laws and engaging in sporting and outdoor activities while physically exhausted, disabled or under the influence of drugs or alcohol.
BB Products are high-performance machines and should not be used or operated in any way by people under the age of 16 years old.
BB sells specialised products that need specialised repairers. Manufacturers reserve the right to inspect faulty products, this could mean sending your product overseas for inspection.
It is important you only use the products in accordance with manufacturer manuals, guidelines and recommendations to minimise the risks associated with using BB Products. This does not apply to the extent that the loss or damage was caused by BB's negligence or fraud.
You must only use BB Products in accordance with all applicable laws, regulations and standards in the jurisdiction in which you operate the BB Product.
To the extent we are legally permitted to impose liability on you, you are liable for, and indemnity BB from and against, all loss or damage (including legal costs) suffered or incurred by BB however caused in connection with:
(a) your use of BB Products;
(b) personal injury or death of any person (including you or any third party) in connection with use of BB Products;
(c) breach of any laws, regulations or standards by you arising from your purchase, use or possession of any BB Product;
(d) damage to property in connection with the storage or use of any BB Product; or
(e) any act or omission (negligent or otherwise) of you.
Nothing in these Terms of Sale assigns or transfers to you any intellectual property rights in any BB Product.
These Terms of Sale and the associated purchase order form the entire agreement between you and BB in respect of its subject matter.
BB's failure or delay to exercise a power or right does not operate as a waiver of the power or right. A waiver is not effective unless it is in writing.
These Terms of Sale shall be governed by and construed according to the law of New South Wales, Australia. You irrevocably submit to the non-exclusive jurisdiction of the Courts of New South Wales.
All interaction with BB is also subject to our Privacy & Security Policy.
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