GUARANTEE FOR WORKMANSHIP FOR REPAIRS
Mathew Murray & Mick Axsentieff are exceptionally skilled tradesmen and have a combined experience of over 50+ years in building stock and fender saddles, tack and other saddlery accessories. They are two of the very few saddlers left in Australia with the necessary skills to reline and counterline stock saddles in the correct way, using traditional methods.
We guarantee that our repairs will:
- Be completed to the specifications outlined in your quote or invoice
- Be completed with the best quality and/or most appropriate materials
- Meet our exacting standards for professional workmanship
Please understand that, while we will always endeavour to provide the highest level of workmanship, the finished repair is always dependent on the age, condition or faults within the original product. Any additional work required after completion of the repair may incur additional costs.
Alteration, incorrect use or abuse of goods or products will immediately void this guarantee. Normal wear and tear due to use is not covered under this guarantee.
If at any time you are dissatisfied with our repairs, please contact us within 48 hours so that we can work together to ensure your satisfaction.
TERMS & CONDITIONS FOR REPAIRS
Definitions and interpretation
1. In these terms and conditions, unless the contrary intention appears:
(a) We or Us means L.M. & M.T. Murray ABN 16 242 522 715
(b) Website means https://www.mathewmurray.com.au
(c) Corporations Act means the Corporations Act 2001 (Cth)
(d) Loss includes any cost, expense or damage of any kind and includes consequential, special or indirect loss or damage or any fine or penalty imposed by a statutory or other authority
(e) Personal Information has the meaning given to that term by the Privacy Law
(f) Privacy Law means the Privacy Act 1988 (Cth) and all associated subordinated legislation as amended from time to time
(g) Services means services supplied by Us to You
(h) Repair Item means the item repaired in relation to which We provided Our Services
(i) You means the customer requesting the supply of Services from Us.
2. Singular words include the plural and vice versa. If a word or phrase is defined, then other parts of speech and grammatical forms of that word or phrase have a corresponding meaning. A reference to a party includes a reference to that party’s successors and permitted assigns. A reference to a statute or regulation or a provision of a statute or regulation is a reference to that statute, regulation or provision as amended or a statute, regulation or provision replacing it. A word or term defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) has the same meaning where used in connection with the GST imposed under that Act.
Application of these terms and conditions
3. Your request for Services constitutes an offer by You for Us to supply You with Services on these terms and conditions which may be accepted by Us providing You with those Services.
4. These terms and conditions govern the supply by Us of Services to You and will apply to the exclusion of any other terms and conditions notified to or agreed with You, or any terms and conditions proposed or notified by You to Us. Unless We agree in writing, these terms and conditions comprise the entire agreement between You and Us in respect of the supply of any Services by Us to You.
5. We may vary these terms and conditions from time to time in which case an updated document will be made available by notice on Our Website. The request for Services by You following such a notice will constitute Your acceptance of that variation.
6. We may request that You provide Us with Your Personal Information in order to provide the Services to You. We will deal with any Personal Information about You that we obtain in connection with the supply of Services to You in accordance with all applicable legislative requirements including without limitation the Privacy Law.
Terms of payment and supply
7. You agree to pay Us upon receipt of Your tax invoice the amounts set out in that tax invoice. All payments must be made in Australian dollars and in immediately available funds and without any deduction or setoff. GST is payable in addition to any price for the Services provided by Us and must be paid at the same time as the relevant tax invoice.
8. Failure to pay an account on the due date constitutes a default by You and entitles Us to suspend delivery, refuse further orders and cancel any existing contract for supply without further notice.
9. In the event of a Default interest is chargeable on any overdue amount at the rate of twelve per cent (12%) per annum calculated daily until such overdue amount is paid.
10. The parties agree that charging such Default interest is not a penalty, but a true measure of damages incurred by Us.
11. The supply of any Services by Us does not confer on You any intellectual property rights in the Goods or Services held by Us or any other person.
Availability of Services
12. Any time or date or month stated by Us for anticipated or promised provision of any Services is a bona fide estimate only and not a contractual commitment. We will use reasonable endeavours to meet any estimated dates for provision of Services but will not be liable for any loss or damage suffered by You or any third party for failure to meet any estimated date.
Delivery and Risk
13. The transport of the Repair Item to and from Our workshop will be Your responsibility. We will have no responsibility for the Repair Item before it arrives in our workshop or once You, Australia Post or a courier takes receipt of the goods. If You choose Australia Post or a courier as Your delivery option, it is Your responsibility to request and pay for additional insurance, if required, before the Repair Item is dispatched.
14. We warrant Our Services to You against defective materials and workmanship for the period of your ownership of the Repair Item. We will make good any defective or faulty workmanship if the defect or damage is attributable to faulty workmanship by us.
15. Subject to any contrary provision in the Australian Consumer Law:
(a) We are only liable to make good faulty workmanship attributable to Our Services and You agree that We are not required to make good the faulty workmanship performed by third parties, including and not limited to work carried out prior to our providing Our Services;
(b) We are not liable for any alleged Loss in value of the Repair Item or other consequential damage or Loss as a result of any alleged faulty workmanship and You agree not to make any such claim;
(c) We are not liable to rectify or repair any damage or deterioration in the general condition of the Repair Item as a result of normal ageing or usage wear and tear or exposure to the elements and you agree not to make any such claim; and
(d) We are not liable to rectify or repair subsequent damage or deterioration to any particular repair that We have made which is as a result of normal ageing or usage wear and tear or through exposure to the elements or as a result of further damage being sustained to the repaired section of the Repair Item and you agree not to make any such claim.
16. This warranty will be void if You fail to comply with these terms and conditions.
17. If You wish to make a warranty claim, please contact Us using the details set out below, and provide Your name, contact details, Repair Item details, invoice number and a brief description of Your claim.
18. You must bear the cost of claiming under this warranty. We have no other liability under this warranty, including liability for any loss of Your time or Repair Item use, or replacement costs of the Repair Item.
19. You indemnify Us against all Loss and liability We suffer or incur (either directly or indirectly) in connection with Your breach of these terms and conditions or any other act or omission by You, or any amounts incurred or expended by Us in exercising or enforcing Our rights under these terms and conditions.
Exclusions and limitation of liability
20. We only accept liability to You in connection with the supply of Services to the extent expressly provided in these terms and conditions. We exclude any other liability We might otherwise have to You (whether based in contract, tort (including negligence), statute or otherwise).
21. We accept liability to You under the Competition and Consumer Act 2010 (Cth) and other laws, to the extent not to do so would be illegal, or would make any part of these terms and conditions void or unenforceable. If We are liable for any non-excludable conditions, warranties or guarantees, and where permitted by law to do so, Our liability is limited to (at Our option) repairing or replacing the relevant Goods, resupplying the relevant or equivalent Services or, in either case, paying for the cost of doing so.
22. Our maximum liability to You for any Loss or liability You or any other person may suffer or incur in connection with the supply by Us to You of any Goods or Services (whether based in contract, tort (including negligence), statute or otherwise) is, to the extent permitted by law, limited to a maximum amount equal to the amount You have paid to Us for the relevant Services pursuant to these terms and conditions.
23. These terms and conditions are governed by the laws of NSW and You irrevocably submit to the jurisdiction of the courts exercising jurisdiction in NSW.
24. Failure by Us to enforce any of our rights under these terms and conditions does not constitute waiver of any of Our rights or Your obligations unless We agree in writing.
25. The rights and remedies provided in these terms and conditions are cumulative with and not exclusive of the rights and remedies provided by law independently of these terms and conditions.
26. You may not assign or transfer any of Your rights or obligations under these terms and conditions. We may assign our rights and obligations without Your consent.
27. If a provision of these terms and conditions is void, voidable or unenforceable, it will be severed and the remainder of the terms and conditions will not be affected.
L.M & M.T Murray
Unit 3, 24 Houtman St, East Wagga Wagga NSW 2650