Warranty & Installation Terms for Spare Parts

1. Supply of Spare Parts

1.1 These Terms and Conditions apply to the supply and sale of replacement and spare parts for office chairs by Ergohuman Australia (“the Business”).

1.2 The parts supplied will be those specified in the quotation, order confirmation or invoice.

1.3 Unless expressly stated otherwise, the Business does not provide installation services. Installation, fitting and assembly of the supplied parts are the responsibility of the Customer.

2. Part Compatibility

2.1 The Business will take reasonable care to supply parts that are suitable for the chair based on the information provided by the Customer and the information reasonably available to the Business.

2.2 The Customer is responsible for providing accurate information regarding the chair, including its make, model, age, dimensions and other identifying information where requested.

2.3 Where compatibility depends on information or measurements supplied by the Customer, the Business is not responsible for incompatibility resulting from inaccurate or incomplete information supplied by the Customer.

2.4 If the Customer is uncertain about the suitability or compatibility of a part, the Customer should contact the Business before installation.

3. Customer Installation

3.1 The Customer is solely responsible for installing, fitting and assembling the supplied part unless otherwise expressly agreed in writing.

3.2 The Customer should follow any installation instructions supplied with the part and, where applicable, the manufacturer’s installation instructions.

3.3 The Customer is responsible for ensuring that the person undertaking the installation has the appropriate skills, tools and knowledge to safely install the part.

3.4 The Business is not responsible for damage to the part, chair or other property caused by:

(a) incorrect or improper installation;

(b) installation using inappropriate tools or methods;

(c) failure to follow installation instructions;

(d) excessive force or modification of the part or chair;

(e) installation of a part that the Customer has altered or modified;

(f) installation into a chair or component that is damaged, worn, incompatible or otherwise unsuitable; or

(g) any other act or omission occurring during or after installation that is not attributable to a defect in the supplied part.

4. Existing Chair and Components

4.1 The Customer acknowledges that office chairs and their components may be subject to wear, deterioration, damage and fatigue due to age, use or previous repairs.

4.2 The Business is not responsible for pre-existing defects or damage to the chair or its existing components.

4.3 The installation or removal of a spare part may place stress on existing components. The Business is not responsible for damage to existing components caused by their pre-existing condition, age, deterioration or inability to withstand the installation process, except where such damage results from a defect in the supplied part.

4.4 If the Customer identifies damage, unusual wear or another issue with the chair before installation, the Customer should contact the Business before proceeding.

5. Inspection Before Installation

5.1 The Customer should inspect the supplied part before installation to ensure that:

(a) the part appears to be the correct part;

(b) there is no obvious damage; and

(c) the part is suitable for the intended application.

5.2 If the Customer believes that the part is incorrect, damaged or defective, the Customer should contact the Business before installing or modifying the part.

5.3 Installing, modifying or attempting to repair a part may make it more difficult to determine the cause of any subsequent damage or failure.

5.4 Nothing in this clause limits any rights the Customer may have under the Australian Consumer Law.

6. Damage During Installation

6.1 Where a part or chair is damaged during installation by the Customer or a third party engaged by the Customer, the Business is not responsible for that damage unless the damage was caused by a defect in the supplied part.

6.2 Where a Customer reports that a part has failed or been damaged following installation, the Business may request photographs, information about the installation and, where reasonably necessary, the return of the part for inspection.

6.3 The Business may assess whether the reported issue is consistent with a manufacturing defect, product fault, incorrect installation, misuse, modification or other cause.

6.4 Where inspection reasonably establishes that the problem resulted from incorrect installation, misuse, modification or damage caused by the Customer or a third party, the issue will not be treated as a defect in the supplied part.

7. Returns and Change of Mind

7.1 The Business may accept returns of unused and uninstalled parts at its discretion and subject to any conditions specified at the time of purchase.

7.2 Parts that have been installed, modified, damaged or otherwise used may not be eligible for return solely because the Customer has changed their mind, subject to the Customer’s rights under the Australian Consumer Law.

7.3 Parts specially ordered for a particular Customer, chair or application may not be able to be cancelled or returned for change of mind where the Business is legally entitled to refuse the return.

7.4 Nothing in this clause limits any rights the Customer has where a part is faulty, defective, incorrectly supplied or otherwise fails to meet an applicable consumer guarantee.

8. Australian Consumer Law

8.1 Nothing in these Terms and Conditions is intended to exclude, restrict or modify any right, remedy, guarantee or protection available to the Customer under the Australian Consumer Law or other applicable law that cannot lawfully be excluded, restricted or modified.

8.2 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

8.3 Where a supplied part fails to comply with an applicable consumer guarantee, the Customer may have rights to a remedy including repair, replacement, refund or compensation, depending on the nature and circumstances of the failure.

8.4 Where a part has been damaged through incorrect installation, misuse, modification or other action by the Customer, this does not necessarily constitute a failure of the part to comply with a consumer guarantee.

9. Warranty Claims

9.1 Where the Customer believes a supplied part is defective or has failed, the Customer should contact the Business as soon as reasonably practicable.

9.2 The Business may request reasonable evidence to assist in assessing the claim, including photographs, videos, details of the installation and use, and the return of the part for inspection where appropriate.

9.3 The Customer must not dispose of, modify or attempt to repair a part that is the subject of a suspected defect claim without first contacting the Business, where reasonably practicable.

9.4 If the part is found to be defective and the Customer is entitled to a remedy under the Australian Consumer Law or an applicable manufacturer’s warranty, the Business will provide the applicable remedy.

10. Limitation of Liability

10.1 To the maximum extent permitted by law, the Business is not responsible for loss or damage caused by incorrect installation, misuse, modification or damage to the supplied part or chair by the Customer or a third party.

10.2 Nothing in these Terms and Conditions excludes liability or limits the Customer’s rights where such exclusion or limitation is prohibited by law.

11. Acceptance

11.1 By placing an order for spare parts, the Customer acknowledges that:

(a) the Business is supplying the part and not providing installation services;

(b) installation is the Customer’s responsibility;

(c) the Customer should verify the suitability and condition of the part before installation; and

(d) damage caused by incorrect installation, misuse or modification is not a defect in the supplied part.

11.2 These Terms and Conditions apply in addition to any specific terms contained in the relevant quotation, order confirmation or invoice.