1. CONSUMER GUARANTEES 2. GENERAL EXCLUSIONS 3. REPAIR AND REPLACEMENT 4. WARRANTY PERIOD 5. LIMITATION OF LIABILITY 6.
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1 Contents 1. CONSUMER GUARANTEES 2. GENERAL EXCLUSIONS 3. REPAIR AND REPLACEMENT 4. WARRANTY PERIOD 5. LIMITATION OF LIABILITY 6. CLAIM PROCEDURE 7. APPLICATION OF WARRANTY TO INTERIOR DESIGNERS 8. APPLICATION OF WARRANTY TO THIRD PARTY RESELLER 9. EXCLUSION OF AFFILIATE OR SUBSIDIARY BRANDS 1
2 Policy This is the warranty policy () of Brosa Design Pty Ltd ABN (Brosa ). It sets out the guarantees and warranties Brosa gives in relation to goods it sells online. It also contains information about the limitation of Brosa s liability. This applies subject to the Competition and Consumer Act 2010 (Cth) (Act) and, without limitation, the consumer guarantees contained in the Australian Consumer Law (ACL) contained in Schedule 2 of that Act, as well as any law which applies in relation to the sale of goods by Brosa and which cannot by law be excluded. This covers the replacement or repair of any good supplied by Brosa that has a defect. It does not include defects that arise as the result of normal wear and tear, or which are a natural characteristic of the material used to produce the good. This warranty policy only applies to orders made on and after the 8 th March Unless stated otherwise, this is not transferable and does not cover products used for commercial purposes. 1. CONSUMER GUARANTEES If a consumer guarantee as provided for in the ACL applies in relation to a good Brosa has supplied to you, you are entitled to the benefit of that guarantee. This means that: you are entitled to a replacement or refund for a major failure of the good and, in some cases, for compensation for any other reasonably foreseeable loss or damage; and you are entitled to have the good repaired or, in some cases, replaced if the good fails to be of acceptable quality and the failure does not amount to major failure. This is in addition to your rights under Act/ACL, with which Brosa will always comply. 2. GENERAL EXCLUSIONS Subject always to the Act, this does not apply to any good that has been sold as seconds, floorstock, goods that are repaired, or goods that have a defect where this has been drawn to the your attention before the purchase of the good. Further exclusions from this apply in relation to: 2.1 normal wear and tear. In this regard, please note that the following may occur as a result of natural and normal usage: leathers and fabrics will fade and crease; foam and fillings will soften and form the shape of the user over time; depending on the covering and the degree of use, the covering materials, cushion fillings and suspension may need to be replaced periodically at the purchaser s expense; 2
3 scars, marks and differing pore density and colour are natural characteristics of leather; goods are crafted by hand and therefore, the size and weight of these goods may have minor variations of up to 5% from the sample goods or from any product specifications you have been quoted. 2.2 goods to which repairs have been attempted by a service provider other than one approved by Brosa; 2.3 where the good has not been used or maintained in accordance with Brosa care instructions; 2.4 where the good has been used in an abnormal manner or subject to extreme use including where products that have been stored or assembled incorrectly, the good is abused, misused, dropped, crushed, impacted with any hard surface, more than normal wear and tear, exposed to extreme heat or cold, not maintained properly or used after partial failure, including (but not limited to) exposure to water, moisture of any kind, direct sunlight, extreme heat or bright light such as lamps, salt air, spills such as chemicals, acid, solvents, dyes or other corrosive materials, ink, paint, or body fluids; 2.5 where the good has been modified, incorrectly adjusted or operated, subjected to incorrect or inconsistent electrical supply, or used with inappropriate accessories; 2.6 where the good has been tampered with in any way; 2.7 where the good's ID label/marking, as applied during manufacturing, is missing or has been altered and/or removed; 2.8 if a good is relocated from its original delivery location by transporters not approved by Brosa or the relocation caused damage due to improper packaging and transporting; and 2.9 any work or installation carried out on the item by a contractor or third party not approved in writing by Brosa. 3. REPAIR AND REPLACEMENT 3.1 Brosa reserves its rights to: (a) request photos and/or videos to assess any warranty claims; (a) exercise discretion to determine whether an item will be replaced and, in so doing, will take into account if the request is seen as unreasonable or outside the Variation Understanding*; and (c) require the return of the good(s) in relation to which warranty is claimed before Brosa provides the refund or replacement. 3.2 Replacement goods are subject to the same warranties as applied to the original goods which they replaced. 3.3 You must retain your proof of purchase for any warranty claims. 3.4 Where Brosa determines in its absolute discretion that the most appropriate remedy is to repair the goods and the goods are capable of repair, Brosa will endeavour to do so within a reasonable time. *Variation Understanding: Brosa sources many unique items that have natural characteristics and are often produced with raw or untreated finishes. If the goods are of a rustic or organic nature, then surface details may vary from imagery or display models. Please note that goods will undergo continuous refining and improvement and minor design details does get changed from time-to- 3
4 time and in between different batches. Due to different lighting conditions and complexity of our materials, product colours may seem different from the imagery. The Brosa quality assurance team assess the goods on this basis, therefore if an item has only a minor variation from the imagery or display models in colour, shade, texture or feel, then the item is taken to correspond to the imagery and display models. Such minor variations are not taken to be manufacturers defects for the purpose of this. 4. WARRANTY PERIOD A warranty period in respect of a good commences on the date of receipt by you of the good to which this applies. The warranty period for a good is as set out in the Period Schedule, which is accessible below. Type Coverage Further information Structure & frame: 10 Years Limited Sofa & Armchair (including Love Soft furnishings: Foam, fibre fillings, Seats, Wingback feathers, fabric covers, stitching, leather: Chairs, lounge 2 Year Limited Chairs, accent Chairs, Bench Other components such as: Zips, fasteners, springs, suspension, legs, and Seats & Tub movable mechanisms: 2 Year Limited Chairs) Bed Base, Bed Head, Ottoman & Kids Furniture Structure & frame: 5 Years Limited Soft furnishings: Foam, fibre fillings, feathers, fabric covers, stitching, leather: 2 Year Limited Other components such as: Zips, fasteners, springs, suspension, legs, and movable mechanisms: 2 Year Limited Structure & frame: 3 Years Limited Soft furnishings: Foam, fibre fillings, feathers, fabric covers, stitching, leather: Daybeds/Sofabeds 2 Year Limited Other components such as: Zips, fasteners, springs, suspension, legs, and movable mechanisms: 2 Year Limited Lighting 1 Year Limited Only cover structure warranty Rug Mirror Wall art Office furniture Outdoor 1 Year Limited 1 Year Limited 1 Year Limited 2 Year Limited 1 Year Limited Applies where item is specifically stated to be outdoor furniture. Bedding/Sheets Tables, storage, dinning Chairs and stools 1 Year Limited 2 Year Limited 4
5 Mattress 10 Years Limited This limited warranty also does not cover the following: Ordinary changes in hardness or characteristics including smell that do not affect the pressurerelieving properties of the product. Comfort preference. Minor imperfections / cosmetic flaws. This limited 10 year mattress warranty Does cover the following: A visible amount of dipping, indentation or sag greater than 25mm in the top layer, which was caused by body impression. This refers to an indentation that is visible when no weight is applied to the top of the mattress. Note: The mattress was designed to work on a firm, solid surface, standard bed base or surface that is capable of supporting the weight of the mattress itself. Any physical flaw in the the top layer that causes it to crack. 5. LIMITATION OF LIABILITY Subject to this clause, and to the extent permitted by law, Brosa, its employees, contractors or agents accept no liability arising out of the supply or non-supply of the goods or otherwise by virtue of this, whether arising at law, in equity or by virtue of any statute, except to the extent that the liability arises solely from the gross negligence of Brosa, its employees, contractors or agents, in which case Brosa s liability shall be limited to, as we determine: the replacement of the goods or the supply of equivalent goods; the payment of the cost of replacing the goods or of acquiring equivalent goods. Nothing in this clause shall be read or applied so as to purport to exclude, restrict or modify, or have the effect of excluding, restricting or modifying, the application of all or any of the provisions of the Act or any relevant State Act or Territorial Ordinance which by law cannot be excluded, restricted or modified. 6. CLAIM PROCEDURE To make a warranty claim pursuant to this, you must: 6.1 cease using the good immediately after the defect appears; 6.2 contact Brosa by phone ( ) and/or complete a Claim Form and send it, together with all relevant information as may be requested by Brosa, to Brosa; and 6.3 if requested by Brosa, return the good for inspection or repair to Brosa s warehouse. Note that all costs associated with returning the good(s) must be borne by you (which would include any freight and insurance charges). If the cost of 5
6 returning the goods will be significant, Brosa will arrange for the goods to be assessed at your premises, or at ours at our own expense. If we determine there is a valid claim pursuant to this, Brosa will reimburse you for any reasonable transportation costs paid by you. 7. APPLICATION OF WARRANTY TO INTERIOR DESIGNERS 7.1 If you purchase any goods from Brosa in your capacity as an Interior Designer**, and you on-sell the goods in the course of your own undertaking, you warrant to Brosa that you will not: (a) purchase as agent for any other person but rather in your own right, unless Brosa expressly agrees otherwise in writing with you; (b) make any representation to your customer (whether or not forming part of the terms of resale) to the effect that you are reselling the good(s) as agent for, or as employee of, Brosa, or that this will apply to the good(s) you are selling; or (c) cause to be included in the resale agreement, any warranty which you cannot personally provide to your customer, save always that you will comply with any consumer guarantee which applies by virtue of the ACL to a supply by you. 7.2 You are responsible for the payment of all goods you purchase, or arrange for purchase, from Brosa. **Interior Designer is someone who: Coordinates and manages the execution of design or decoration; and/or Participates in conceptual development; and/or Communicates with stakeholders of a project. 8. APPLICATION OF WARRANTY TO THIRD PARTY RESELLERS 8.1 If you purchase any goods from Brosa in your capacity as a Third Party Reseller**, and you on-sell the goods in the course of your own undertaking, you warrant to Brosa that you will not: (a) purchase as agent for any other person but rather in your own right, unless Brosa expressly agrees otherwise in writing with you; (b) make any representation to your customer (whether or not forming part of the terms of resale) to the effect that you are reselling the good(s) as agent for, or as employee of, Brosa, or that this will apply to the good(s) you are selling, save that this shall not apply to the extent necessary for you to perform your obligations as a Commercial Partner***; or (c) cause to be included in the resale agreement, any warranty which you cannot personally provide to your customer save always that you will comply with any consumer guarantee which applies by virtue of the ACL to a supply by you. 8.2 You are responsible for the payment of all goods you purchase, or arrange for purchase, from Brosa. **Third Party Reseller is an entity that: sells or distributes Brosa branded goods to their customers without a formal business relationship with Brosa Design Pty Ltd; and/or receives a portion of the profits from the sale of a Brosa branded good. ***Commercial Partner is an entity who: 6
7 has entered into a formal business relationship with Brosa; and receives a portion of the profits from the sale of a Brosa branded good. 9. EXCLUSION OF AFFILIATE OR SUBSIDIARY BRANDS This does not apply to goods and/or services by related bodies and/or affiliates of Brosa, including but not limited to Greywing. 7
1. CONSUMER GUARANTEES 2. GENERAL EXCLUSIONS 3. REPAIR AND REPLACEMENT 4. WARRANTY PERIOD 5. LIMITATION OF LIABILITY 6.
Contents 1. CONSUMER GUARANTEES 2. GENERAL EXCLUSIONS 3. REPAIR AND REPLACEMENT 4. WARRANTY PERIOD 5. LIMITATION OF LIABILITY 6. CLAIM PROCEDURE 7. APPLICATION OF WARRANTY TO INTERIOR DESIGNERS 8. APPLICATION
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