Terms & Conditions & Warranties
AUSTRALIA
This warranty is given by:
SSJH PTY LTD TRADING AS ADJUSTA MATTRESS AUSTRALIA AND NEW ZEALAND
ABN 81 202 760 161 AS TRUSTEE FOR THE HALE FAMILY TRUST
Statutory rights
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.
1. Warranty
1.1 We offer this warranty in addition to your other legal rights and remedies. This warranty does not exclude or reduce your statutory rights in relation to the product.
1.2 We warrant that the product will be free from defects in materials and workmanship when used normally in accordance with the user instructions for five – ten (5 – 10) years (depending on model purchased) from the date of the original purchase, which is stated on your receipt or invoice (“Warranty”).
1.3 This warranty applies to products which:
• were originally bought in Australia.
• were manufactured by us, or on our behalf.
• were sold by us or our authorised distributors; and
• were not bought in an auction, and
1.4 This warranty does not apply to smashed or lost remotes, mattress covers or any additional spare parts.
1.5 This product is designed for use as a place to sleep or rest. This warranty does not apply if the product is used for any other purpose.
1.6 This warranty is only valid in Australia, unless you have an international warranty. This means that the warranty can only be enforced to service the product in Australia.
1.7 To the maximum extent permitted by law, we exclude all warranties, conditions and liabilities which are not guaranteed under the Australian Consumer Law or which are not expressly stated in this warranty. Among other things, this exclusion applies lo liability for any loss, whether direct or indirect, use of the product or inability to use the product.
1.8 This warranty covers faulty machinery (including CPU boxes) or defects in materials for 5 – 10 years from the date of the original purchase (depending on model purchased). 5 – 10 year mattress refer to sales contract for warranty period – front page).
1.9 This warranty does not apply to damage or issues with the product caused by:
• normal wear and tear (including but not limited to scratches or dents).
• accident.
• misuse (including unreasonable use, failure to follow the user instructions and use that falls outside the scope of the user instructions).
• abuse.
• neglect or negligent use.
• improper or incomplete installation or assembly (except where this was carried out by us or our authorised service personnel).
• improper storage.
• improper or inadequate maintenance, service or cleaning of the product
• repair, maintenance, alterations, service, upgrades, expansion, disassembly or opening of the product by unauthorised personnel.
• incorrect voltage / surge protector.
• improper or unauthorised electrical connections.
• use of defective, incompatible, unauthorised, or non-standard parts, products or accessories (including batteries).
• overheating due to placing the product in a location where there is inadequate ventilation.
• overloading and
• external causes, such as, but not limited to, fire, extreme temperature, water, flood, moisture, dampness, liquid touching or entering the product, other foreign material entering the product, dirt, dust, rust, corrosive conditions (including salt and sand), theft, vandalism, collision, infestation by pests or insects, electrical surges or dips, hail, thunderstorms, earthquakes, tornadoes, acid rain, acts of God, terrorism, war, environmental conditions or any other act or circumstance beyond our control.
1.10 This warranty does not cover the cost of repairing, replacing and maintaining consumable parts which have stopped working due to normal wear and tear, [including batteries or fuses]
1.11 This warranty does not apply to any cosmetic change in the product’s appearance, unless this occurs due to a defect in materials or workmanship.
Making a claim
1.12 If you believe that your product has a defect, you can make a claim under this warranty by calling us on 1300 2 ADJUST during business hours, emailing us at info@adjustamattress.com.au.
1.13 You will need to give us your name, address, phone number, model, patent number 2017100342, and details about the defect, and show proof of purchase (eg a receipt or invoice. If you cannot provide this information and show the proof of purchase, we may reject your claim and charge for any repairs.
1.14 You must make the claim within the warranty period, if you are claiming under this warranty. Each claim will be assessed according to its individual circumstances.
1.15 Warranty terms providing that we may elect to deliver replacement parts to you at our cost, with instructions on how to install that replacement part. Similarly, the consumer may argue (successfully or otherwise) under the Australian Consumer Law that you are obligated to install any replacement part (ie. repairing the goods).
Remedy under this warrant
1.16 If we assess that your claim is valid and there is a minor failure with the product which can be fixed, we will either repair it, replace it with an identical or similar product or refund the money you paid for it. We will do so within a reasonable time. We will decide which course to take depending on the circumstances and the requirements of law. Any repair or replacement will be free of charge, both in relation to labour and parts.
1.17 If we assess that your claim is valid and there is a major failure with the product or if there is a minor failure which cannot be fixed, we will refund the price you paid for the product or replace it.
Invalid claim
1.18 If we assess that your claim is invalid or there is no defect in the product, we will charge you a $150 call out fee for the assessment and either (where applicable) the cost of transporting the product back to you or the cost of our authorised service personnel inspecting the product (including travel costs).
1.19 For un-syncing products requiring us to come out will incur a $150 call out fee, this is not a warranty issue.
Transferring the warranty
1.20 This warranty applies only to the original buyer. If the product is resold, this warranty cannot be transferred to the new owner.
No changes to this warranty
1.21 No employee or representative of us, any related company, any distributor, any service personnel or any third party is authorised to modify, extend or add to this warranty.
Definitions
1.22 Us or We means SSJH PTY LTD TRADING AS ADJUSTA MATTRESS AUSTRALIA AND NEW ZEALAND ABN 81 202 760 161
• You means the buyer of the product.
Severability
1.23 If any term of this warranty is held to be illegal, void or unenforceable in a jurisdiction, then:
• where the term 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
• in any other case the term must be severed from this warranty for that jurisdiction in which event the remaining terms operate as if the severed provision had not been included.
Governing law
1.24 This warranty is governed by and construed in accordance with the laws of Queensland. We submit and you submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
2. Ordering
2.1 The customer agrees to purchase the goods for the Purchase Price with the specifications and on terms stated in the particulars and these Terms and Conditions.
2.2 All orders are subject to acceptance by the Seller and are irrevocable by the Customer.
2.3 The Seller may, at any time, refuse to provide any further goods, despite the acceptance of any offer or application.
3. Delivery
3.1 Unless advised by the Seller, the place for delivery of the goods or the Customer’s product is the Seller’s premises.
3.2 The Customer will be notified when goods and/or the Customer’s product are ready for collection/delivery. Should the Customer refuse, be unable to, or not take delivery of the goods or the Customer’s product within fourteen (14) days of being notified that the goods are available for delivery, the Seller may retain any monies already paid by the Customer by way of pre-estimated liquidated damages, terminate the agreement between the parties and exercise any other rights available at law or under this agreement.
3.3 The delivery times made known to the Customer are estimates only and the Seller is not liable for late delivery or non-delivery.
3.4 The Seller reserves the right to arrange transport by any means in its absolute discretion.
3.5 If the Seller agrees in writing to deliver the goods to the Customer by way of transportation:-
3.5.1 Delivery will be made to the location agreed by the parties (“Delivery Address”)·
3.5.2 The Seller or its transport contractor will deliver the Goods so close (“Drop’ Spot”) to the Delivery Address as, in the opinion of the Seller or its transport contractor, it is safe or prudent to do so and delivery occurs and risk in the goods passes to the Customer when the Seller or its transport contractor’s delivery vehicle arrives at the Drop Spot.
3.5.3 The Seller will not be liable for any loss, damage or delay occasioned to the Customer or anyone else arising from late or non-delivery of the goods.
3.5.4 The unloading of goods at a Drop Spot is the Customer’s responsibility at its own cost and risk but the Seller or its transport contractor may, without any liability lo the Customer, unload the goods at the Drop Spot if the Customer requests the Seller to do so or is absent from the Drop Spot at the time the Seller or its transport contractor wishes to unload and, subject to the Australian Consumer Law, the Customer releases and forever discharges the Seller and its transport contractor from any claim, cause of action or liability arising out of the unloading of goods at the Drop Spot.
3.6 Where the Customer attends the Seller’s premises to acquire the goods, the Seller may in its absolute discretion :-
3.6.1 deliver the goods into or onto the Customer’s. vehicle in which case risk in the good passes to the Customer and delivery is effected when the goods are set down in or on the Customer’s vehicle;
3.6.2 deliver the goods by setting them down alongside the Customer’s vehicle in which case risk in goods passes to the Buyer and delivery is affected when the goods are set down alongside the Buyer’s vehicle not withstanding that the Seller’s staff may, on request, assist the Customer to load goods into or onto the Customer’s vehicle.
3.7 Where the Seller or its transport contractor enters the Customer’s premises or the premises of a third party nominated by the Customer as a Delivery Address, the Customer:-
3.7.1 releases and holds harmless the Seller from any claim the Customer may an any lime have held against the Seller but for this release in respect of damage occasioned to the Customer’s premises or injury to persons arising out of the delivery by the Seller or its transport contractor of goods to the premises;
3.7.2 indemnifies and holds the Seller harmless from and against any loss, damage or liability suffered or incurred by the Seller In respect of damage occasioned to the third party’s premises or injury to persons arising out of the delivery by the Seller or its transport contractor of goods to the premises of the third party except for and lo the extent that such loss, damage or liability suffered or incurred by the Seller arises out of the negligence or willful misconduct of the Seller or its transport contractor;
3.7.3 warrants that the Customer has obtained the consent of the person/entity entitled to possession of the said Premises for the Seller to enter the said premises for the purposes of effecting delivery of the goods.
3.8 Free delivery and install available until two days after show completion date. Delivery after this date not applicable.
4. Payment
4.1 The Customer must make payment for the goods (including payment of the Deposit), any delivery or freight fees and credit card charges stated in the Particulars to the Seller by way of cleared funds, on or before the date/s as specified on the invoice and/or Particulars provided lo the Customer for such goods. If no payment is specified, payment must be made at the time of collection, or on demand, whichever earlier.
4.2 It is hereby agreed that the Deposit shall be treated as an instalment payment towards the goods (payable at the time and in the manner specified under clause 4.1 herein) and shall be non-refundable in the event the Customer fails to comply with its obligations under these Terms and Conditions.
5. Cancellation
5.1 Cancellation of order before delivery, deposit becomes an administration fee and is non-refundable.
6. Charges
6.1 Delivery fee $300. Pick up fee $300.
7. Product
7.1 Adjusta Mattress may have a slight variation in height.
7.2 Adjusta Mattress Australia Caravan Mattress weigh 32kg each side. If struts are needed we can refer you to our supplier.
7.3 You understand that our products are not sold on an in-home trial basis.
7.4 You acknowledge that it is not recommended for a wearer of a pacemaker or defibrillator to use a product equipped with massage. You hereby confirm that you will not use the massage function on any product that has massage until you have spoken to and received approval from your doctor.
8. Entire Agreement
8.1 The Terms and Conditions are the entire agreement between the parties.
9. Interpretation and General Terms
9.1 “goods” shall mean those goods and products of any kind described on the tax invoice/sale contract issued to the Customer;
9.2 “Deposit” shall mean the deposit amount described in the Particulars;
9.3 Seller” means, SSJH PTY LTD TRADING AS ADJUSTA MATTRESS AUSTRALIA
AND NEW ZEALAND ABN 81 202 760 161, its successors and assigns,
9.4 “Customer” shall mean the person named as the Customer on these terms and conditions, being the person for whom goods are to be provided, and includes any person acting with the apparent authority of the Customer.
9.5 “Terms and Conditions” means these terms and conditions of purchase, and any terms and conditions specified on the invoice issued to the Customer and any other warranty documentation or other documentation provided by the Seller.
9.6 “Particulars” means the order form/ ‘Sale Contract’ annexed to the front page of these Terms and Conditions.
9.7 “Purchase Price” means the price (plus GST if any) payable by the Customer to the Seller for the goods, including the amount as stated on the tax invoice issued to the Customer.
9.8 Our products are not sold on an ln home trial basis.
NEW ZEALAND
This warranty is given by:
HALE NZ MANAGEMENT LIMITED TRADING AS ADJUSTA MATTRESS NEW ZEALAND
Statutory rights
Our goods come with guarantees that cannot be excluded under the Fair Trading Act 1986 and/or Consumer Guarantees Act 1993. 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.
1. Warranty
1.1 We offer this warranty in addition to your other legal rights and remedies. This warranty does not exclude or reduce your statutory rights in relation to the product.
1.2 We warrant that the product will be free from defects in materials and workmanship when used normally in accordance with the user instructions for five – ten (5 – 10) years (depending on model purchased) from the date of the original purchase, which is stated on your receipt or invoice (“Warranty”).
1.3 This warranty applies to products which:
• were originally bought in New Zealand.
• were manufactured by us, or on our behalf.
• were sold by us or our authorised distributors; and
• were not bought in an auction, and
1.4 This warranty does not apply to smashed or lost remotes, mattress covers or any additional spare parts.
1.5 This product is designed for use as a place to sleep or rest. This warranty does not apply if the product is used for any other purpose.
1.6 This warranty is only valid in New Zealand, unless you have an international warranty. This means that the warranty can only be enforced to service the product in New Zealand.
1.7 To the maximum extent permitted by law, we exclude all warranties, conditions and liabilities which are not guaranteed under the Fair Trading Act 1986 and/or Consumer Guarantees Act 1993 or which are not expressly stated in this warranty. Among other things, this exclusion applies lo liability for any loss, whether direct or indirect, use of the product or inability to use the product.
1.8 This warranty covers faulty machinery (including CPU boxes) or defects in materials for 5 – 10 years from the date of the original purchase (depending on model purchased). 5 – 10 year mattress refer to sales contract for warranty period – front page).
1.9 This warranty does not apply to damage or issues with the product caused by:
• normal wear and tear (including but not limited to scratches or dents).
• accident.
• misuse (including unreasonable use, failure to follow the user instructions and use that falls outside the scope of the user instructions).
• abuse.
• neglect or negligent use.
• improper or incomplete installation or assembly (except where this was carried out by us or our authorised service personnel).
• improper storage.
• improper or inadequate maintenance, service or cleaning of the product
• repair, maintenance, alterations, service, upgrades, expansion, disassembly or opening of the product by unauthorised personnel.
• incorrect voltage / surge protector.
• improper or unauthorised electrical connections.
• use of defective, incompatible, unauthorised, or non-standard parts, products or accessories (including batteries).
• overheating due to placing the product in a location where there is inadequate ventilation.
• overloading and
• external causes, such as, but not limited to, fire, extreme temperature, water, flood, moisture, dampness, liquid touching or entering the product, other foreign material entering the product, dirt, dust, rust, corrosive conditions (including salt and sand), theft, vandalism, collision, infestation by pests or insects, electrical surges or dips, hail, thunderstorms, earthquakes, tornadoes, acid rain, acts of God, terrorism, war, environmental conditions or any other act or circumstance beyond our control.
1.10 This warranty does not cover the cost of repairing, replacing and maintaining consumable parts which have stopped working due to normal wear and tear, [including batteries or fuses]
1.11 This warranty does not apply to any cosmetic change in the product’s appearance, unless this occurs due to a defect in materials or workmanship.
Making a claim
1.12 If you believe that your product has a defect, you can make a claim under this warranty by calling us on 03 927 4276 during business hours, emailing us at info@adjustamattress.co.nz
1.13 You will need to give us your name, address, phone number, model, patent number 2017100342, and details about the defect, and show proof of purchase (eg a receipt or invoice. If you cannot provide this information and show the proof of purchase, we may reject your claim and charge for any repairs.
1.14 You must make the claim within the warranty period, if you are claiming under this warranty. Each claim will be assessed according to its individual circumstances.
1.15 Warranty terms providing that we may elect to deliver replacement parts to you at our cost, with instructions on how to install that replacement part.
Remedy under this warrant
1.16 If we assess that your claim is valid and there is a minor failure with the product which can be fixed, we will either repair it, replace it with an identical or similar product or refund the money you paid for it. We will do so within a reasonable time. We will decide which course to take depending on the circumstances and the requirements of law. Any repair or replacement will be free of charge, both in relation to labour and parts.
1.17 If we assess that your claim is valid and there is a major failure with the product or if there is a minor failure which cannot be fixed, we will refund the price you paid for the product or replace it.
Invalid claim
1.18 If we assess that your claim is invalid or there is no defect in the product, we will charge you a $150 call out fee for the assessment and either (where applicable) the cost of transporting the product back to you or the cost of our authorised service personnel inspecting the product (including travel costs).
1.19 For un-syncing products requiring us to come out will incur a $150 call out fee, this is not a warranty issue.
Transferring the warranty
1.20 This warranty applies only to the original buyer. If the product is resold, this warranty cannot be transferred to the new owner.
No changes to this warranty
1.21 No employee or representative of us, any related company, any distributor, any service personnel or any third party is authorised to modify, extend or add to this warranty.
Definitions
1.22 • Us or We means HALE NZ MANAGEMENT LIMITED TRADING AS ADJUSTA MATTRESS NEW ZEALAND
• You means the buyer of the product.
Severability
1.23 If any term of this warranty is held to be illegal, void or unenforceable in a jurisdiction, then:
• where the term 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
• in any other case the term must be severed from this warranty for that jurisdiction in which event the remaining terms operate as if the severed provision had not been included.
Governing law
1.24 This warranty is governed by and construed in accordance with the laws of New Zealand. We submit and you submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
2. Ordering
2.1 The customer agrees to purchase the goods for the Purchase Price with the specifications and on terms stated in the particulars and these Terms and Conditions.
2.2 All orders are subject to acceptance by the Seller and are irrevocable by the Customer.
2.3 The Seller may, at any time, refuse to provide any further goods, despite the acceptance of any offer or application.
3. Delivery
3.1 Unless advised by the Seller, the place for delivery of the goods or the Customer’s product is the Seller’s premises.
3.2 The Customer will be notified when goods and/or the Customer’s product are ready for collection/delivery. Should the Customer refuse, be unable to, or not take delivery of the goods or the Customer’s product within fourteen (14) days of being notified that the goods are available for delivery, the Seller may retain any monies already paid by the Customer by way of pre-estimated liquidated damages, terminate the agreement between the parties and exercise any other rights available at law or under this agreement.
3.3 The delivery times made known to the Customer are estimates only and the Seller is not liable for late delivery or non-delivery.
3.4 The Seller reserves the right to arrange transport by any means in its absolute discretion.
3.5 If the Seller agrees in writing to deliver the goods to the Customer by way of transportation:-
3.5.1 Delivery will be made to the location agreed by the parties (“Delivery Address”)·
3.5.2 The Seller or its transport contractor will deliver the Goods so close (“Drop’ Spot”) to the Delivery Address as, in the opinion of the Seller or its transport contractor, it is safe or prudent to do so and delivery occurs and risk in the goods passes to the Customer when the Seller or its transport contractor’s delivery vehicle arrives at the Drop Spot.
3.5.3 The Seller will not be liable for any loss, damage or delay occasioned to the Customer or anyone else arising from late or non-delivery of the goods.
3.5.4 The unloading of goods at a Drop Spot is the Customer’s responsibility at its own cost and risk but the Seller or its transport contractor may, without any liability lo the Customer, unload the goods at the Drop Spot if the Customer requests the Seller to do so or is absent from the Drop Spot at the time the Seller or its transport contractor wishes to unload. The Customer releases and forever discharges the Seller and its transport contractor from any claim, cause of action or liability arising out of the unloading of goods at the Drop Spot.
3.6 Where the Customer attends the Seller’s premises to acquire the goods, the Seller may in its absolute discretion :-
3.6.1 deliver the goods into or onto the Customer’s. vehicle in which case risk in the good passes to the Customer and delivery is effected when the goods are set down in or on the Customer’s vehicle;
3.6.2 deliver the goods by setting them down alongside the Customer’s vehicle in which case risk in goods passes to the Buyer and delivery is affected when the goods are set down alongside the Buyer’s vehicle not withstanding that the Seller’s staff may, on request, assist the Customer to load goods into or onto the Customer’s vehicle.
3.7 Where the Seller or its transport contractor enters the Customer’s premises or the premises of a third party nominated by the Customer as a Delivery Address, the Customer:-
3.7.1 releases and holds harmless the Seller from any claim the Customer may an any lime have held against the Seller but for this release in respect of damage occasioned to the Customer’s premises or injury to persons arising out of the delivery by the Seller or its transport contractor of goods to the premises;
3.7.2 indemnifies and holds the Seller harmless from and against any loss, damage or liability suffered or incurred by the Seller In respect of damage occasioned to the third party’s premises or injury to persons arising out of the delivery by the Seller or its transport contractor of goods to the premises of the third party except for and lo the extent that such loss, damage or liability suffered or incurred by the Seller arises out of the negligence or willful misconduct of the Seller or its transport contractor;
3.7.3 warrants that the Customer has obtained the consent of the person/entity entitled to possession of the said Premises for the Seller to enter the said premises for the purposes of effecting delivery of the goods.
3.8 Free delivery and install available until two days after show completion date. Delivery after this date not applicable.
4. Payment
4.1 The Customer must make payment for the goods (including payment of the Deposit), any delivery or freight fees and credit card charges stated in the Particulars to the Seller by way of cleared funds, on or before the date/s as specified on the invoice and/or Particulars provided lo the Customer for such goods. If no payment is specified, payment must be made at the time of collection, or on demand, whichever earlier.
4.2 It is hereby agreed that the Deposit shall be treated as an instalment payment towards the goods (payable at the time and in the manner specified under clause 4.1 herein) and shall be non-refundable in the event the Customer fails to comply with its obligations under these Terms and Conditions.
5. Cancellation
5.1 Cancellation of order before delivery, deposit becomes an administration fee and is non-refundable.
6. Charges
6.1 Delivery fee $300. Pick up fee $300.
7. Product
7.1 Adjusta Mattress may have a slight variation in height.
7.2 Adjusta Mattress New Zealand Caravan Mattress weigh 32kg each side. If struts are needed we can refer you to our supplier.
7.3 You understand that our products are not sold on an in-home trial basis.
7.4 You acknowledge that it is not recommended for a wearer of a pacemaker or defibrillator to use a product equipped with massage. You hereby confirm that you will not use the massage function on any product that has massage until you have spoken to and received approval from your doctor.
8. Entire Agreement
8.1 The Terms and Conditions are the entire agreement between the parties.
9. Interpretation and General Terms
9.1 “goods” shall mean those goods and products of any kind described on the tax invoice/sale contract issued to the Customer;
9.2 “Deposit” shall mean the deposit amount described in the Particulars;
9.3 Seller” means, HALE NZ MANAGEMENT LIMITED TRADING AS ADJUSTA MATTRESS NEW ZEALAND , its successors and assigns,
9.4 “Customer” shall mean the person named as the Customer on these terms and conditions, being the person for whom goods are
to be provided, and includes any person acting with the apparent authority of the Customer.
9.5 ” Terms and Conditions” means these terms and conditions of purchase, and any terms and conditions specified on the invoice issued to the Customer and any other warranty documentation or other documentation provided by the Seller.
9.6 “Particulars” means the order form/ ‘Sale Contract’ annexed to the front page of these Terms and Conditions.
9.7 “Purchase Price” means the price (plus GST if any) payable by the Customer to the Seller for the goods, including the amount as stated on the tax invoice issued to the Customer.
9.8 Our products are not sold on an ln home trial basis.