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If you do not agree to the terms and conditions please do not use the site.
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• Declarations of Conformity
GN Hearing Pty Ltd - Terms and Conditions
1.
We, Us, and similar expressions, refer to GN Hearing Pty Limited (ACN 068 383 282), trading as GN Hearing. You, and similar expressions, refer to you, the proposed customer. Device, refers to the hearing instrument designed to perform a particular task or function.
2. Our conditions overrule any other form. These conditions prevail even if they are inconsistent with anything in any earlier or warranty form or similar document.
WARRANTIES AND LIMITATIONS
1.
Our warranty: Hearing Instruments - We shall remedy any defects in the Device and or repair or replace any new Device sold by us, if there is any faults attributable to materials, workmanship within three (3) years for the Receivers for RIE (dot) and microphones for IOT (be), Tier BTE and on the Top-Up Products; and two (2) years for the Tier ITE Device, commencing on the date of the supply (“the “Warranty Period”). For all ITE Devices, if reasonably requested within ninety (90) days of the date of the supply, we will remake the ITE Device at no charge to achieve a comfortable and accurate fit. These periods are extended if you have purchased an Extended Warranty program.
2. For all non warranty repairs, a twelve (12) month limited warranty shall apply.
3. We choose whether to repair or replace, and that is the limit of our liability under this warranty save for BTE Devices that will be replaced if the Device fails within 90 days from the date of supply.
4. Due to constraints surrounding your patient’s ear anatomy, our manufacturing team may have to perform modifications to your original order.
5.
“Loss and Damage claims: Loss and damage cover is available for a period of twelve (12) months and is limited to one claim per device. All claims must be accompanied by a Statutory Declaration and an excess fee of $500 (+GST) per device applies.”
6.
Return for Credit Policy (Top-Up Products): In order for a Return for Credit Policy to apply (if applicable) goods must be returned to us within 90 days from supply and must be in as-new-condition accompanied with the original packaging and documentation.
7.
Return for Credit Policy (Tier Products): In order for a Return for Credit Policy to apply (if applicable) goods must be returned to us within 30 days from supply and must be in as-new-condition accompanied with the original packaging and original documentation
8.
Accessories: The BTE Charger and other accessories (such as the Unite Streamer, Phone Clip and Remote) have a one (1) year warranty.
9.
Earmoulds - The Replacement Warranty for Earmoulds is three (3) months commencing from the date of the supply.
10.
Important Exclusions: This warranty does not cover: anything not specifically listed in the “Our Warranty” section of this Terms and Conditions; in transit damage; failure to comply with our warranty terms; damage, malfunction or failure resulting from accident, misuse, neglect, abuse; tampering by unauthorised persons; exposure to corrosive conditions; general wear and tear; physical changes in the end users ear or damage due to foreign objects or matters entering the Device; any Device used in breach of manufacturer warranty; any damage caused by Device not used according to our User Guide instructions; consequential damage or incidental damages, personal injury, lost profits, lost savings or other economic damages; damage from prolonged exposure to fire or heat; damage from fraud, intentional acts, war, hostilities, terrorism or vandalism or acts of God. Batteries, battery chargers, TV Streamers, remote control, phone clips or other accessories packaged or purchased with our Devices are specifically excluded from our Device Warranty and carry their own warranty conditions. For the avoidance of any doubt an accessory does not form part of the complete Device and of itself is an independent supply under this contract.
11.
Hear Saver Devices CAUTION: Hear Saver devices are intended to assist in the prevention of hearing damage only and are not intended to be a total prevention solution. They must be used strictly in accordance with the instructions provided, failure to use those devices in accordance with our direction (or the direction of your hearing professional) may result in permanent hearing damage and all liability is waived in this respect. The Hear Saver device is intended to be part of a total protection solution and are not intended to be a standalone prevention solution.
12.
Sale by specification: We sell our Devices in packaging free from defects in design, material and workmanship. We take no responsibility: For labels or artwork or the appropriateness of the content contained therein on an item by item basis or otherwise other than those affixed by us; Information contained on the label or completeness of same.
13.
Unexpected delay: This clause applies if something happens which is beyond our reasonable control which makes it impossible, more difficult or more expensive for us to perform our obligations in our usual way. In those cases we may wait until it is again possible for us to perform our obligations in our usual way (including service or repair) without additional difficulty or expense and we are not liable for any delay which results. If delay or failure to deliver is caused by force majeure or labour dispute we may suspend service, supply or completion. Force Majeure means an act of God, war, lightning, fire, earthquake, storm, flood, explosion, unavailability or delay in availability of equipment materials or transport, and any other cause, whether of the kind specifically enumerated or otherwise which is not within our control. Whilst we shall use reasonable endeavors to comply with your particular service requirements, you will not be entitled to claim compensation by reason of our failure to comply with your delivery requirements or minor variations to the Device as a result of changes to our processes or specifications.
14.
Estimated service delivery times. Service times are estimates only and we are not liable for minor delays in delivery. In this respect you agree that time is not of the essence.
15.
Exclusion of implied conditions. The law implies various terms, conditions and warranties which might apply to our supplying Devices or services to you. We exclude all of those implied terms, conditions and warranties to the fullest extent permitted by law.
16.
Trade Practices Act etc. limits. Provisions of the Trade Practices Act and other statutes or the common law, in some cases either cannot be excluded, restricted or modified; or can only be restricted or modified to a limited extent. If any provisions of those types do apply, then to the extent permitted by law our liability under those provisions is limited as follows: Our liability in relation to the Device is limited at our option to replacement of the Device or the supply of an equivalent Device; or repair of the Device; or payment for the cost of replacing the Device or of acquiring an equivalent Device; or payment for the cost of having the Device repaired. Our liability in relation to services is limited at our option to the supplying of the services again; or the payment for the cost of having the services supplied again.
17.
Other damages claims excluded. We are not liable for any damage for breach or negligence or otherwise, except as stated. Damage includes lost profits, lost savings, lost time, loss of or damage to goodwill, loss of or damage to data or records, and claims made against you by others.
18.
Queensland Fair Trading Act. The Queensland Fair Trading Act may regard some of our promises as warranties which are additional to warranties which arise out of statutes. If so, we are required to give you the following information in connection with those additional warranties. You may serve a notice on us of any claim under those additional warranties. The notice must state the warranty under which you are claiming and also state what has happened which puts us in breach of the warranty. You must bear the costs of making the claim. Your rights under those warranties are in addition to all your other rights and remedies under statutory or common law.
GENERAL CONDITIONS
1.
Variations in specifications. We reserve the right to vary the specifications or performance criteria of any Device from time to time and to obtain Devices from different sources, at our absolute discretion. We may do that without telling you provided we have reasonable grounds for believing that the alternative Device offered is substantially similar to that previously offered or represents an improvement.
2.
Availability of spare parts. We make every reasonable effort to ensure the reasonable availability of spare parts for any particular Device type for at least five (5) years from the first time it is or was supplied to a customer when it was new. We are not liable if, having used reasonable efforts and have taken reasonable actions to notify that spare parts would not be available for a temporary or permanent period. We may not be able to arrange for the availability of spare parts after the end of that five (5) year period.
3.
Workshop repairs. In the event that equipment is delivered or taken to our workshop for repair, service or maintenance then all Devices must be collected within seven (7) days of our notifying you that they are ready for collection. In the event that Devices are not collected within the notice period then we reserve the right to charge you for the costs of storage and or disposal and all associated costs of the same. The Disposal of Uncollected Goods Act 1967 (Qld) and other equivalent state legislation (i.e. Fair Trading Act - NSW) covers inspection, custody, storage, repair and other treatment of goods. Under these Acts, uncollected goods may be sold six months (or sooner in some states) after the date on which they were ready for collection.
4.
General Agreement Terms: Variation. These conditions can only be varied by one of our authorised officers signing a document which states the variation, and the transaction to which the variation applies. Severance. If any provision of this agreement shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired. No Set Off. You are not entitled to set off against or deduct from the price any sums owed or claimed to be owed to you by us. No Waiver. The failure by us to enforce any provision of term and condition of this agreement shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision. Non Representation. The description, illustration and performance of any Device contained in our catalogue, marketing material, price list or advertising does not form part of this agreement unless expressly set out in this agreement. Any representation made about fitness for purpose is only made for general guidance only and you should fully satisfy yourself that the Device will meet your requirements and will be suitable for your intended purpose. Indemnity. You hereby indemnify us against any liability, loss or damage we may incur or sustain as a result of the use of the Device and any failure, act or omission by you. Applicable Law. Our transactions are governed by the law of New South Wales (i.e. Fair Trading Act and the Trade Practices Act).