Terms & Conditions
Please take the time to read these Terms and Conditions carefully. By using Our Website or making a Purchase or a Hire of the Equipment, the Customer agrees to be bound and accept the Terms and Conditions.
These Terms and Conditions shall apply to a sale and a hire of all Manmat Products from Manmat Australia, 31 White Street, 6017 Osborne Park, WA, email firstname.lastname@example.org, ABN 97 973 629 009 by Customers who purchase or hire the Product for use at a location of their choice. These Terms and Conditions shall be governed by the laws of Western Australia.
PRICE, ORDER PLACEMENT AND PAYMENTS
Prices are listed in Australian dollars and include GST (10% Goods & Services Tax).
Manmat Australia reserves the right to change or alter Prices without notice to the Customer. If the Customer has already submitted an Order at a particular Price Manmat Australia will supply Products at that Price.
When the Customer places the order on the Website, such order will not be deemed accepted by Manmat Australia unless and until the Order Confirmation acknowledgment is sent to the Customer via email by Manmat Australia. All orders are subject to the availability of the ordered Product.
The Customer can change or cancel the Order before the payment to Manmat Australia is made. The Customer will receive a mail with a confirmation that Manmat Australia noticed the change or order cancelling.
All Orders must be paid in full prior to the shipment.
Payment methods are specified on the Website at the time the Customer places the Order. Other payment methods, including cash, can be used for In-Store Orders, but not for Orders placed through the Website.
The Customer will get the confirmation email once Manmat Australia receives the payment.
All Products sold by Manmat Australia are covered by warranty as stated in related laws, including the Australia Consumer Law.
The warranty against defects in materials and workmanship commences on the date of purchase and continues for 1 year.
The warranty is only valid if:
- the Customer complies with the instructions in the manual;
- the warranty card is fully and correctly completed;
- the receipt (proof of payment) is provided upon request;
- the Product has been used only for its purposes.
If there is a repair made within the warranty period by the third party and such a repair is in a conflict with the Warranty Terms and Conditions, the costs of the repair will be paid by the Customer.
The Customer is responsible for any damage of the Product caused during delivery to a service centre.
SHIPPING AND DELIVERY
Shipping within Australia will vary depending on the Product ordered. Shipping is calculated on checkout based on a Customer’s location and a cart content.
If the location of delivery is remote or difficult to reach the usual shipping fee is not applied and Manmat Australia will calculate a special delivery fee which will cover all the shipping costs.
If the size or weight of the shipment exceeds the usual dimension or weight published on website Manmat Australia will calculate a special delivery fee which will cover all the shipping costs.
For domestic delivery, the Customer should receive the order within 7-10 working days receipt of payment. Manmat Australia will contact a Customer when the order is shipped. If the order has not arrived within the allotted time, contact Manmat Australia with order details. A signature can be required on delivery.
Unless otherwise indicated on this Website as a “non-returnable” item within 7 days following the delivery, the Customer may return the Product for a full refund of the purchase price. The Product must be in new, unused and undamaged condition, with original packaging, and the original price and information tag(s) have not been removed.
The refund does not include any applicable initial shipping and handling charges.
Manmat Australia is not responsible for the Product lost during return shipping.
Manmat Australia Products come with guarantees that cannot be excluded under the Australian Consumer Law. The Customer is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.
Manmat Australia will accept the Product return and provide a Customer with an exchange voucher, refund, or repair where:
- the Product is faulty or is not of acceptable quality, or
- the Product is not fit for its intended purpose, or
- the Product does not match the sample or our description.
Claims for compensation or reasonable expenses incurred in returning a purchase should be addressed to Manmat Australia team and need to be accompanied with supporting evidence.
The agreed Hire Term will be set out in the Schedule to these Terms and Conditions. The maximum length of Hire is 30 days.
If the Customer wishes to extend the Hire Term, it may be done so at any time prior to the end of the Hire Term. The Customer must contact Manmat Australia to arrange such an extension. Extensions may be made for up to five (5) days subjects always to the existence of prior reservations made by other Customers. Manmat Australia shall use its best and reasonable endeavors to satisfy requests for extensions but cannot guarantee the availability of the Equipment to the Customer beyond the end of the pre-existing Hire Term.
The Manmat Australia reserves the right to recall the Equipment immediately at any time. In the event that Manmat Australia exercises this right the Customer will be reimbursed for any and all days remaining in the Hire Term or will be issued immediately with replacement Equipment of the same type or of the closest type thereto at no additional cost. If the Equipment is not returned to Manmat Australia on request the Customer shall be deemed to have authorized Manmat Australia to charge for any costs associated with such recovery.
The Customer shall be required to pay a refundable Deposit to Manmat Australia at the commencement of the Hire Term, unless stated by Manmat Australia prior to the commencement of the Hire Term. The sum of the Deposit shall be set out in the Schedule to these Terms and Conditions.
At the end of the Hire Term Manmat Australia shall have a period of seven (7) days within which to fully inspect the Equipment. If the Equipment requires cleaning and/or maintenance which is the result of normal wear and tear the Customer will receive the Deposit back in full at the end of the inspection period. If the additional cleaning and/or maintenance is required, Manmat Australia shall retain the Deposit in full or in part as appropriate and shall provide the reasons for such retention to the Customer in writing, including all relevant calculations and pricing information.
If the Deposit is not sufficient for such non wear and tear additional cleaning and/or maintenance, the Customer shall be liable for such outstanding amount, and shall pay to Manmat Australia immediately upon demand.
HIRE FEES AND PAYMENT
Unless the Customer is participating in a free trial of the Equipment, the Hire Fees will be determined by reference to the length of the Hire Term, the type and quantity of the Equipment, and any additional items which may be included in the Hire, as set out in the Schedule to these Terms and Conditions.
The Payment shall be made in part or in full, as set out in the Schedule to these Terms and Conditions, prior to the commencement of the Hire Term. Unless otherwise advised at the time of booking, the payment methods are as follows: online payment can be made by credit card or PayPal. For group payments, payment may be made by cash, credit/debit card or PayPal.
COLLECTION AND RETURN
Following the receipt of the Hire Fees and Deposit by Manmat Australia, the Customer will collect the Equipment from the Manmat Australia by a prior appointment.
At the end of the Hire Term, on the agreed return date, the Customer shall ensure that all the Equipment is returned to Manmat Australia.
If any Equipment is not returned on the agreed date the Customer shall be required to pay the relevant Hire Fees for the missing items up to and including the day that they are returned to the Manmat Australia (at the Customer’s expense). If any Equipment is not available for return due to loss or destruction the Customer shall be required to pay the cost of replacement in accordance with Manmat Australia’s current Price List.
USE AND CARE OF THE EQUIPMENT
The Customer may only use the Equipment for the purpose for which it is intended.
All Equipment must be used in accordance with any and all operation and safety instructions or similar documentation provided.
The Customer may not make any alterations or adjustments to the Equipment beyond those that would be considered reasonable for normal use of the Equipment within the range of possible adjustments specific to a given item.
The Customer shall always treat the Equipment with a reasonable level of care and shall ensure that it is kept clean, subject always to reasonable levels of wear and tear. In particular, the Customer shall clean the Equipment before returning to Manmat Australia so that is in no less clean than when provided to the Customer.
The Customer shall not attempt to make any repairs to the Equipment without the prior written consent of the Manmat Australia. When Manmat Australia is contacted in this regard it shall have the option of repairing the Equipment itself or granting the Customer permission to make the necessary repairs. The cost of such repairs shall be borne by either Manmat Australia or the Customer, the responsibility being determined by the reasons for those repairs.
All parts which may require replacement during the Hire Term shall be replaced free of charge by Manmat Australia provided that such replacement is necessitated by nothing more than normal wear and tear. Additional damage may result in the Customer being charged for the cost of replacement parts and associated labor.
The Equipment shall be insured by Manmat Australia as part of the Hire. This insurance cover provides for the following:
- damage whilst it is being used responsibly in accordance with these Terms and Conditions;
- theft provided such theft occurs to Equipment responsibly looked after by the Customer.
The insurance cover provided shall not cover accidental or malicious damage.
In the event of damage or theft of the Equipment, the Customer will have to pay an insurance excess of up to three hundred dollars ($300) per event.
The Equipment is only insured for use in Australia and must not be taken outside of Australia without Manmat Australia’s prior written approval.
If the Customer is participating in a free trial of the Equipment, Manmat Australia shall not be responsible for providing any insurance cover and the Customers’ Hire of the Equipment is at their own risk.
Where the agreement for Hire (“Booking”) is not made at Manmat Australia’s premises (i.e. online or via telephone), the Customer may cancel the Hire within 14 days of making the Booking and shall be entitled to a full refund of any amounts paid.
The foregoing right is subject shall not apply if the Hire Term is due to commence within 14 days of the Customer making the Booking.
Manmat Australia will not be liable for any personal injury or damage to property which results from the improper use of the Equipment.
Manmat Australia will not be liable for any other loss or damage arising out of any circumstances beyond its reasonable control.
Subject to the foregoing, Manmat Australia’s liability shall not exceed the greater of (i)$50 or (ii) Hire Fees actually paid by the Customer.
Where the Customer is an individual, Manmat Australia shall be entitled to terminate the Hire if:
- the Customer is in breach of these Terms and Conditions;
- the Customer has had their personal belongings confiscated in order to satisfy debts; or
- the Customer has a receiving order made against them.
Where the Customer is a company, Manmat Australia shall be entitled to terminate the Hire if:
- the Customer is in breach of these Terms and Conditions;
- the Customer goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.
In the event of termination for any of the above reasons:
- all payments required under these Terms and Conditions shall become due immediately; and
- Manmat Australia shall have the right to request the immediate return of the Equipment or repossess the Equipment and may charge the Customer for any reasonable costs involved in such repossession.