TERMS & CONDITIONS

Please print out the following guarantee and retain it for your records.

1) This Guarantee:

(a) operates for the Guarantee Period of Foam sold and used in New Zealand and/or all Australian States and Territories;

(b) covers defects in Foam (including loss of shape) caused by faulty workmanship during the foam manufacturing process and/or faulty materials used in the foam manufacturing process; and

2) This Guarantee applies in addition to all other rights and remedies in respect of the Foam which the Purchaser has under the Consumer Guarantees Act 1993 (New Zealand) and the Trade Practices Act 1974 (Australia) and similar laws. To the extent permitted by these laws, our liability for breach of a condition, warranty, or guarantee implied by such laws is limited to the replacement of the Foam. Where Foam is purchased for the purposes of a business by the Purchaser, the Consumer Guarantees Act 1993 (New Zealand) shall not apply.

3) Except as expressly set out in this Guarantee, and subject to clause 2, no other warranty or condition will be implied against us by any statute, at common law or otherwise. No representation, express condition, or warranty will bind us, unless it is in writing and signed for and on our behalf. We have no further liability or responsibility and will not be liable for any direct, indirect or consequential injury, loss or damage to the Purchaser whatsoever and howsoever arising, other than as set out in this Guarantee.

4) No repair facilities or spare parts will be available in respect of the Foam other than as set out in this Guarantee and we expressly contract out of the guarantee contained in Section 12 of the Consumer Guarantees Act 1993 (New Zealand), and Section 74F(2) of the Trade Practices Act.

5) To claim under this Guarantee the Purchaser must, at their own expense, return to the retailer or to one of our offices, the defective Foam and this duly completed card together with the receipt or proof of purchase of the product.

6) Subject to clause 7, if all or any of the Foam is found to be defective within the Guarantee Period, we will replace the defective Foam free of charge for labour and materials. We will not be liable to reupholster/recover any product containing the Foam and will not be liable for ancillary expenses, including the cost of re-upholstery or recovering and transport associated with the cost of replacement of the defective Foam.

7) Without limiting the generality of the preceding exclusions, this Guarantee will not cover, and we have no liability for the following acts, conditions or circumstances or any damage or defects which arise from them:

(a) where any instructions for the use and/or care of the product provided by the manufacturer of the product containing the Foam have not been followed;

(b) where damage has been caused to the Foam by accident, misuse, negligence, neglect or unfair wear and tear by anyone other than ourselves;

i. that allows the Foam to move and abrade against other materials which causes the structure of the Foam surfaces to be degraded; and/or

ii. where the Foam has been directly stapled and/or pinned to retain it under tension;

(d) where the product containing the Foam has been repaired, modified or reupholstered other than by the original manufacturer of the product; or

(e) acts of God or other causes beyond our reasonable control.

8) We reserve the right to charge for any service not covered by this Guarantee.

9) We will not be liable for losses caused in transit.

10) The Guarantee is personal to the Purchaser and is not able to be transferred or assigned.

11) No person, other than a duly authorised officer of our Company, has our authority to alter this Guarantee.