WHEN CONDITIONS APPLY
These Conditions apply to the "free" trial provided by Deutsch Medical Pty Limited ('the Company') of a pair of radiation protection eyewear to the Customer ('the Trial Product').
PROVISION OF THE TRIAL PRODUCT
- The Trial Product is offered to a Customer via the Company's website, found at www.deutschmedical.com.au ('the Website').
- When ordering online, the Trial Product is only available to those who use the coupon code that is provided to the Customer by the Company. In the alternative, the Customer can contact the Company directly to participate in the trial.
- The Trial Product is offered to a Customer of the Company on a one-time basis, for a period of seven (7) days ('the Trial Period').
- As part of this offer, the Customer can choose to trial up to five (5) Trial Products, however the Trial Products are only offered on a one-off basis.
- The Customer is required to return the Trial Product after seven (7) days of receipt of the Trial Product.
- The Customer must pack the Trial Product in the specifically provided packaging and post it back to the Company immediately after the end of the Trial Period.
- The Customer must take the label that was provided by the Company alongside the Trial Product, and attach it to the specifically provided packaging when posting the Trial Product back to the Company. This Label will assist in ensuring that it is the Company that receives the Trial Period upon its return.
- The Customer acknowledges that the Trial Product is a fragile item of considerable monetary value.
- The Customer warrants that it will exercise skill, care and diligence to a high standard in using the Trial Product, and the packaging of the Trial Product for its return to the Company. In the event that this is not done, the Customer shall be liable for any loss or damage suffered as a result of that use of the Trial Product. For the avoidance of doubt, the Customer will be required to pay the full retail price if the Trial Product is found to be damaged in any way.
- The Customer warrants that it will not alter the Trial Product in any manner whilst trialling the product, including doing such things that impact the leaded glass surfaces in any way. The Customer acknowledges that by doing so, it renders the Trial Product as damaged to the extent that it cannot be used by the Company again.
- If there is a defect in or damage to the Trial Product at the time that the Customer receives the Trial Product, the Customer must notify the Company of the defect or damage within twenty-four (24) hours of receipt of the Trial Product or it shall be considered as responsible for such defect or damage.
RELEASE AND LIMITATION OF LIABILITY
To the fullest extent permitted by law, the Customer releases and forever waives any and all Claims the Customer may have against the Company, our officers, directors, employees, or agents, for any loss, damage, expense or injury (including any Claim) the Contractor sustains arising out of or in connection with the provision or use of the Trial Product. To the fullest extent permitted by law, the Customer agrees that neither the Company, nor any of our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers will be liable to the Customer for any Claim resulting from or arising out of (i) the Customer's actions whilst using the Trial Product (ii) any indirect or consequential loss, or any economic loss; or (iii) any other matter relating to the Trial Product, except to the extent resulting from the Company's gross negligence or wilful default.
The Customer agrees to indemnify the Company against any liability, loss or claim arising under any statute or common law in respect of loss or damage to the Trial Product or any other property; or bodily injury to or death of any person where the loss, damage, injury or death arises out of the use of the Trial Product, or as a consequence of a negligent act or omission of the Customer or its employees, agents or subcontractors, or a breach of the Customer's obligations under these Conditions.
These conditions are governed by and construed in accordance with the laws of the State of Victoria.