Ben Buckler Boards Pty Ltd – Terms and Conditions of Sale
Ben Buckler Boards Pty Ltd (BB) supplies products which are exciting and inherently risky to use (BB Products). The use of BB products is a dangerous recreational activity which involves significant risk of physical harm. By purchasing and or using BB 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.
BB Products are designed for use by people in excellent physical condition skilled in the use of such products and in good weather conditions. BB Products are not suitable for use by people not in excellent physical condition or so skilled or in poor weather conditions. BB Customers (you) undertake to BB to ensure that all users of BB 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 BB Products before use (d) satisfy themselves that the weather is suitable for the use of such products (e) follow any instructions provided with the BB Products and (f) ensure that the BB Products are in working order and free of all defects before using.
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 and conditions.
All warranties whether express, implied, statutory or otherwise, relating in any way to the BB 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 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.
BB shall not be under any liability (contractual, tortious or otherwise) to you in respect of any loss or damage (including direct or indirect, special, consequential loss or damage) 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.
You release and hold harmless BB, its current and former officers, employees and agents (Beneficiaries) from all present and future claims (whether known or unknown) in connection with the use by you or a third party of any BB Products, including relating to or arising from death, injury, illness, loss, damage, liability, cost (including all legal costs) or expenses whether direct or indirect and whether sustained by you or a third party (Claims). You agree that each of the Beneficiaries may plead this agreement as a bar to any such Claim.
You agree to indemnify each of the Beneficiaries against all liabilities suffered or incurred in connection with any Claim (including any legal costs) and agree that BB holds the benefit of this release and indemnity on trust for each of the Beneficiaries.
These terms and conditions 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.
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