JAMES MORAN INTERIORSTYLE PTY LTD ACN 079 537 545
trading as JAMES MORAN FURNITURE
Subject to the terms and conditions specified below, James Moran InteriorStyle Pty Ltd ACN 079 537 545 trading as James Moran Furniture (“James Moran Furniture”) agrees to, at its option, repair, replace or provide credit to the original purchaser (“Purchaser”) for the item of furniture (“Product”) to which this warranty is attached for the period as set out in the ‘Product Warranty Table’ below against substandard materials and/or substandard workmanship or defects in materials or workmanship resulting in the Product not performing in accordance with its specifications (“Warranty”).
James Moran Furniture will reasonably determine whether or not the Product has performed in accordance with its specifications.
WARRANTY TERMS AND CONDITIONS
1. This Warranty applies from the date of delivery of the Product by the Purchaser.
2. This Warranty only operates if you have:
- (a) lodged any request for repair or replacement of the Product under this Warranty directly to James Moran Furniture;
- (b) proof of purchase of the Product and this is provided to the satisfaction of James Moran Furniture; and
- (c) notified James Moran Furniture in writing no later than seven (7) days after the alleged defect being noticed by the Purchaser.
3. This Warranty may not be amended, altered or extended in any manner whatsoever without the prior written consent and approval of an authorised officer of James Moran Furniture.
4. This Warranty is only applicable to the original Purchaser and any benefit may not be assigned or transferred to any subsequent purchaser or owner of the Product.
5. This Warranty does not apply in respect of the following circumstances:
- (a) in the event that James Moran Furniture is called out to service the Product;
- (b) in the event that James Moran Furniture is required to attend outside normal business hours at the request of the Purchaser;
- (c) in the event that James Moran Furniture is required to attend to inspect the Product in respect of any alleged substandard materials and/or substandard workmanship or defects in materials or workmanship and these are not substantiated or established to be the responsibility of James Moran Furniture as applicable under this Warranty or under the Trade Practices Act 1974 (Cth), in which case James Moran Furniture will be entitled to levy its usual service charge.
6. In the event that James Moran Furniture elects to repair the Product and collection of the Product is required, James Moran Furniture agrees at its own expense to collect and deliver the Product after having repaired it only if collection and delivery are both within the:
- (a) Melbourne Metropolitan area; or
- (b) Sydney Metropolitan area; or
- (c) Canberra Metropolitan area; or
- (d) Brisbane Metropolitan area; or
- (e) Adelaide Metropolitan area; or
- (f) Perth Metropolitan area; or
- (g) Hobart Metropolitan area; or
- (h) Darwin Metropolitan area.
This Warranty however does not cover packaging or transportation costs to and from any manufacturer, retailer or other repair point as determined by James Moran Furniture.
7. In the event that James Moran Furniture elects to replace the Product or a part of the Product (eg. a dining room chair or a sofa cushion), James Moran Furniture agrees to pay the costs associated with the ordinary delivery of the replacement or repaired Product within the Metropolitan areas as set out in Clause 6 above. This Warranty does not however cover packaging or transportation costs to and from any manufacturer, retailer or other repair point as determined by James Moran Furniture.
8. This Warranty only covers any parts and materials necessary to effect the repair of the Product, and expressly does not include any costs associated with labour after one (1) year from delivery of the Product.
9. This Warranty does not apply in respect of any fabric or leather covering to any part of any Product. James Moran Furniture is not the manufacturer of any fabric or leather coverings, however should James Moran Furniture find that the fabric or leather covering is defective, James Moran Furniture agrees to contact the manufacturer or supplier of the fabric or leather covering and use reasonable efforts to negotiate a reasonable outcome for the Purchaser. In addition, this Warranty does not apply in respect of any creases developing in the fabric or leather covering over time or the settling or flattening of cushion filling over time.
10. All repairs to the Product must be performed by a prior approved James Moran Furniture repairer.
11. Should the Product or part of the Product be replaced or repaired during the period of this Warranty, the Warranty period for the replaced or repaired product or part of the Product shall be for the period remaining from when the original Product was purchased by the Purchaser.
12. James Moran Furniture acknowledges that under applicable State, Territory and Commonwealth Law including but not limited to the Trade Practices Act 1974 (Cth), certain conditions and warranties may be implied in this Warranty and any such rights or remedies conferred upon the Purchaser in relation to the Product may not be altered by this Warranty or any agreement (“Legal and Statutory Rights”). Any rights conferred upon the Purchaser by this Warranty are in addition to and do not detract from these
Legal and Statutory Rights.
13. James Moran Furniture disclaims all express or implied conditions and warranties in relation to the Product other than the express terms of this Warranty and any Legal and Statutory Rights. James Moran Furniture’s responsibility to the Purchaser is, where permitted, limited to the terms of this Warranty. Subject to the above, in no event shall James Moran Furniture be liable in any circumstances for any loss or damage suffered by the Purchaser as the user arising from or caused or contributed to by the negligence
of James Moran Furniture, its servants or agents, nor shall James Moran Furniture be liable for special, incidental, indirect or consequential loss or damage suffered by the Purchaser as a result of a breach by James Moran Furniture of this Warranty or otherwise including but not limited to economic moral loss, loss of profits or revenue or costs arising from the loss of use of Product or the cost of substitute product.
14. This Warranty is immediately void :
- (a) upon the Product being sold or transferred by the Purchaser;
- (b) should any repairs or alterations be made to the Product by any other manufacturer or reupholsterer without the prior written consent of James Moran
Furniture; - (c) in respect of any claims to fabric or leather coverings of the Product due to the
application of chemicals, cleaners or conditioners not approved or recommended by James Moran Furniture; - (d) when the identification label is removed from the Product; and
- (e) if the original Purchaser transfers this Warranty to other parties.
WARRANTY EXCLUSIONS
15. James Moran Furniture shall not be liable for:
- (a) failures or defects of the Product resulting from misuse (whether intentional or
otherwise), negligence, modifications, accident, lack of maintenance or inadequate care being carried out in accordance with the directions for care of the Product; - (b) normal wear and tear of the Product;
- (c) any loss (direct or consequential) resulting from the use of the Product once the
Purchaser has direct or indirect knowledge or has cause to suspect that the Product is not performing in accordance with its specifications; - (d) any tearing and splitting of any fabric or leather covering more than two (2) years from the date of delivery of the Product;
- (e) any injury, loss and/or damages (direct or consequential) resulting from the use of the Product by any person(s) where such use is not in a manner consistent with normal practices of use and inconsistent with the intended purpose of the Product,
including but not limited to the use of the Product (including any recliner chairs) by adults and/or children; - (f) in the event that identical materials are not available at time of repair, James Moran
Furniture reserves the right to substitute materials of equal quality and/or value; - (g) wrinkling and/or natural markings of the construction materials, fabric or leather
coverings; - (h) variations in timber grain to the Product;
- (i) colour variations resulting from the natural features of the Product’s construction
materials; - (j) damage caused by burns, cuts, animals or other forms of abuse;
- (k) the use of the Product outside the intended purpose of its use as advised to James
Moran Furniture at the time of sale; - (l) damage resulting from exposure of leather to direct sunlight, extreme heat, bright
lights or similar conditions and its resulting discoloration or damage; - (m) damage by corrosive materials, such as, but not limited to acids, solvents, dyes,
inks, paints, human or animal materials; - (n) damage resulting from improper use, abuse, force majeure, or acts of God;
- (o) damage incurred during the handling and transportation of the Product;
- (p) floor samples sales or sales made on “as is” basis;
- (q) any incidental or consequential damage, including loss of time, usage or money. In
no event shall the responsibility of James Moran Furniture exceed the purchase price of the Product and/or its replacement cost; and - (r) any circumstances (and/or incidental or consequential losses) where the delivery of
the Product (upon purchase or otherwise) is unable to be effected due to the lack
of sufficient access to the delivery address nominated by the Purchaser. The
Purchaser is to have made all proper enquiries that the Product will be able to be
delivered without any hindrance or restriction whatsoever.
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PRODUCT WARRANTY TABLE |
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COMMERCIAL WARRANTY
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PRODUCT WARRANTY PERIOD
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| All furniture sold for this purpose | 3 years from date of delivery |
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NOTE: The exemptions contained at Clause 9 above apply to this table
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DOMESTIC WARRANTY
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PRODUCT
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WARRANTY PERIOD
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| All sofa beds sold for this purpose | 5 years from date of delivery |
| All recliners sold for this purpose | 5 years from date of delivery |
| All dining chairs sold for this purpose | 5 years from the date of delivery |
| All other furniture sold for this purpose | 10 years from date of delivery |
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NOTE: The exemptions contained at Clause 9 above apply to this table
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WARRANTY PROCEDURE
RETURN OF CLAIMED FAULTY GOODS
| 1. |
All Products to be assessed under the James Moran Furniture Warranty are to be identified and returned to the following address: Claims must indicate the sender's name and address |
| 2. |
All Product returned must be packed in a manner to ensure no further damage is caused to the Product. |
| 3. |
Warranty claims will only be considered if the returned Product encloses the Purchaser and other details are in accordance with the James Moran Furniture Warranty and must include a copy of the original invoice and all Product, such as date of delivery and the Product’s identification code as contained/described on the packaging. |
| 4. |
Freight charges for the return of the Product to James Moran Furniture must be paid by the Purchaser unless otherwise agreed. Freight charges of the replaced or repaired Product will be borne by James Moran Furniture only for freight transported by ordinary delivery within the metropolitan areas of Melbourne, Sydney, Canberra, Brisbane, Adelaide, Perth, Hobart and Darwin. Should the Purchaser require any other form of delivery of the replacement or repaired Product, the Purchaser must pay any difference between the cost of James Moran Furniture method of ordinary delivery and the Purchaser's required method of delivery. |
| 5. |
Freight charges in respect of the Product apply and will be payable by the Purchaser should this Warranty not be current or valid or the Product is outside the Metropolitan areas of the capital cities referred to in clause 6 of the Warranty. |
| 6. |
Product returned will be examined on receipt, and if found to be within the manufacturer's specification, James Moran Furniture reserves the right to either accept or reject that particular claim. |
| 7. | If a Warranty claim is to be honoured, James Moran Furniture may at its option, replace, repair or credit the Purchaser for the purchase price of the Product. Any credit given to a Purchaser will be mailed directly to the Purchaser by ordinary post. |
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