Warranty

WARRANTY STATEMENT

In addition to the rights and remedies that you have under the Australian Consumer Law (ACL) or any other applicable law, The Captain Chair Co Pty Ltd ACN 657 586 813 (The Captain Chair Co) provides the following warranty against defects (Warranty):

1. WARRANTY

1.1 Subject to the provisions of this Warranty, the warranty period where:

(a) The Captain Chair Co will repair or replace, without charge, any chair (known as Goods) supplied by The Captain Chair Co or its authorised suppliers that proves defective, being a defect that causes the aluminium frame of the Goods to be unsafe or unfit for use in normal recreation conditions by reason of improper workmanship or material components; and

(b) none of the statutory rights or remedies under the ACL apply,

is twelve (12) months from the date of purchase of the Goods from The Captain Chair Co or its authorised suppliers (Warranty

Period).

1.2 This Warranty does not cover:

(a) any Goods not supplied by The Captain Chair Co or its authorised suppliers;

(b) normal fair wear and tear;

(d) powder coating fading, deterioration, discolouration, cracking and/or blistering;

(e) defects, loss or damage caused directly or indirectly by or as a result of:

(i) improper assembly, installation or maintenance;

(ii) external causes (dropping, accident, exposure to elements or environmental conditions);

(iii) any damage to or deterioration in the condition of the Goods occurring in handling, cleaning, storage or transit occurring after the supply and/or delivery of the Goods;

(iv) any additional defect, damage or deterioration arising from or attributable to the use of the Goods;

(v) the continued use of the Goods after the damage or a defect has or should have been discovered;

(f) the Goods where the defect, loss or damage is caused directly or indirectly by or as a result of the use or maintenance of the Goods including but not limited to the Goods not being used or maintained in accordance with the requirements and specifications for the Goods;

(g) where any part of the Goods has been modified, disassembled, misused, abused, damaged or not maintained in accordance with the requirements and specifications for the Goods;

(h) inherent defects in materials used in the manufacture of the Goods and The Captain Chair Co will use best endeavours to procure and assign you the benefit of the warranty of the manufacturer of the material; or

(i) water damage, mould, staining discolouration or absorption of water by condensation or otherwise to the Goods.

1.3 Subject to The Captain Chair Co’s statutory obligations under the ACL and except as provided in this Warranty Statement, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded.

1.4 The Captain Chair Co is not liable to a party for any physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of any Goods or arising out of negligence or in any way whatsoever.

1.5 Captain Chair Co’s liability under section 274 of the ACL is expressly limited to a liability to pay the party an amount equal to:

(a) the cost of replacing the Goods;

(b) the cost of obtaining equivalent Goods; or

whichever is the lowest amount.

1.6 Goods provided by Captain Chair Co come with guarantees that cannot be excluded under the ACL:

(a) For major failures with goods, you are entitled to choose a refund or replacement.

(b) If a failure with the goods does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods.

2 CLAIM

2.1 In order to claim under this Warranty a claiming party who is the original purchaser of the Goods (Original Purchaser) must:(a) where the Goods were purchased:

(i) directly from The Captain Chair Co, contact The Captain Chair Co at hello@thecaptainchair.com.au; or

(ii) from the authorised supplier for The Captain Chair Co, contact that authorised supplier,

within the Warranty Period; and

(b) provide as part of the claim:

(i) details of the Goods;

(ii) a detailed description of the defect (including photos of the defect);

(iii) the details of the Original Purchaser; and

(iv) proof of purchase of the Goods (including date and place of purchase and Goods description).

2.2 Any Goods the subject of the warranty claim may only be returned to The Captain Chair Co by prior arrangement with The Captain Chair Co.

2.3 Unless otherwise agreed, the Original Purchaser must bear the expense of the return of the Goods and such other expenses incurred by the Original Purchaser and associated with the warranty claim.

3 GENERAL

3.1 The Warranty is personable to the Original Purchaser and is not transferrable to any third party.

3.2 Warranty claims will be processed by The Captain Chair Co in a timely manner and a report pertaining to the Warranty claim will be made to the Original Purchaser, either by The Captain Chair Co directly or through its authorised supplier where the original purchase of the Goods was made.

3.3 A Warranty will be voided if a party fails to ensure that:

(a) they have complied with the maintenance and care guidelines for the Goods as prescribed by The Captain Chair Co and its authorised suppliers; and

(b) they have complied with the appropriate manufacturer’s warranty.

3.4 The Captain Chair Co may at its discretion elect to repair or replace the Goods and may also at its discretion elect to substitute the Goods with similar alternative goods of The Captain Chair Co’s choosing.

3.5 The Captain Chair Co does not have to repair or replace the Goods under this Warranty if this Warranty does not apply, this Warranty is voided and/or the Goods have been modified, disassembled, misused, improperly or inappropriately used, repaired, abused, damaged or not maintained.

3.6 This Warranty is limited to repair, replacement or substitution of the Goods only. To the extent permitted by the law, The Captain Chair Co will not be liable for any loss or damage caused to property or persons arising from any cause whatsoever.

3.7 This Warranty is only valid and enforceable in Australia.

4 THIRD PARTY WARRANTIES

4.1 The Captain Chair Co supplies Goods which are not manufactured by The Captain Chair Co and may come with a warranty provided by the manufacturer.

4.2 The Captain Chair Co is not responsible for the manufacture of such Goods but will assist you in any claim you may have against any manufacturer for repair and/or replacement of such Goods.

4.3 The Captain Chair Co is not responsible for the manufacturer warranty