Section 1
No Goods may be returned by the Purchaser to The Safe Access Company without prior written authorisation from The Safe Access Company. This authorisation will only be given where the Goods are incorrectly delivered by The Safe Access Company to the Purchaser or where the Goods are incomplete or defective (other than as a consequence of the acts of the Purchaser or its agents). Change of mind returns or in the event where the purchaser has selected the wrong product can only be returned at the discretion of The Safe Access Company.
Section 2
To obtain authorisation under clause Section 1, the Purchaser must contact The Safe Access Company. The Goods returned must be accompanied by all appropriate documentation, all applicable packaging and all the contents of the Goods as originally supplied to the Purchaser.
Section 3
The Purchaser must dispatch all incorrectly delivered, incomplete or defective Goods for return to The Safe Access Company;
- in the case of incorrectly delivered, incomplete or damaged Goods, within 5 days of delivery of the Product to the Purchaser; or
- in the case of defective Goods, within 14 days of the Purchaser becoming aware of the defect.
Section 4
Subject to the Purchaser strictly complying with the provisions of this clause, The Safe Access Company will:
- provide a full refund to the Purchaser for incorrectly delivered Goods
- provide the Purchaser with refund in respect of defective Product after manufacturer approval
- provide a return address for the purchaser to return goods to once approved
Section 5
All Goods returned by the Purchaser must be received by The Safe Access Company at the address provided by the Safe Access Company to the Purchaser.
Section 6
No Goods will be accepted for return by The Safe Access Company unless agreed in writing by The Safe Access Company prior to such return and then only upon conditions acceptable to The Safe Access Company and at the Purchaser’s entire risk as to loss or damage.
Where The Safe Access Company agrees to accept Goods for return, the Safe Access Company’s then current restocking charge, as varied from time to time, will be charged to the Purchaser and shall be immediately payable.
Section 7
Notwithstanding Sections 1-6, The Safe Access Company may, at its sole discretion, elect in writing to accept returned Goods. The Goods returned must be:
- accompanied by all appropriate documentation, all applicable packaging and all contents of the Goods as originally supplied by the Company to the Purchaser
- the subject of a written request from the Purchaser to The Safe Access Company within fourteen (14) days of Delivery
- returned by pre-paid freight, in an original, resaleable condition, and received by The Safe Access Company within fourteen (14) days of the date The Safe Access Company authorises the return.
The Safe Access Company reserves the right to charge the Customer 10% of the value of the Product for the Company’s re-stocking fee. This restocking fee is a genuine pre-estimate of the Company’s loss and expenses from accepting the returned Goods.
Product suitability and safe use
It is the customer’s responsibility to select the correct product for their intended application. Ladders and height-access equipment must be chosen with regard to working height, load rating, duty rating, site conditions, surface and setup, and any applicable Australian Standards and workplace health and safety obligations.
Product information on this website is provided in good faith as a general guide only and does not constitute a site-specific safety assessment. Where there is any doubt as to suitability, customers should obtain advice from a qualified height safety professional before purchase and use.
The customer is responsible for ensuring that equipment is inspected before use, used in accordance with the manufacturer’s instructions and applicable Australian Standards, and used only by appropriately trained persons.
To the extent permitted by law, we are not liable for loss, damage or injury arising from incorrect product selection, misuse, modification, inadequate inspection or maintenance, or use contrary to the manufacturer’s instructions or applicable standards.
Nothing in these terms limits or excludes any right or remedy you have under the Australian Consumer Law.
Orders and acceptance
Product listings on this website are an invitation to treat, not an offer. Your order is an offer to purchase. An automated order confirmation or payment receipt acknowledges that we have received your order; it does not constitute acceptance.
A contract is formed only when we dispatch the goods, or when we notify you in writing that we accept your order, whichever occurs first. Where an order covers more than one item, we accept each item separately as it is dispatched.
Pricing and description errors
We take care to describe and price our products accurately. Despite that care, a listing may occasionally contain an error in price, specification, platform height, load rating, availability, freight charge or other detail.
Where we identify a material error affecting your order before the contract is formed, we may decline the order. Where we identify a material error after the contract is formed, we may cancel the affected part of the order by notifying you in writing.
If we decline or cancel an order under this clause, we will refund in full any amount you have paid for the affected goods, using the original payment method, and we will have no further liability to you in connection with that order. Where an error is apparent, we will tell you what the correct detail is and give you the option to proceed at the corrected price or specification, or to cancel and be refunded.
Nothing in this clause allows us to cancel an order simply because a product has become more expensive for us to supply.
Made to size goods
Some products, including the Mezzalift and the custom sizes of the Mezzalad, are manufactured to the dimensions you supply. Please check your measurements before ordering, as change of mind returns are not available on made to size goods.
Limitation of liability
This clause is subject to the clause “Your consumer rights” below and does not apply to any liability that cannot be limited or excluded by law, including liability for death or personal injury caused by our negligence.
Where the goods are of a kind not ordinarily acquired for personal, domestic or household use or consumption, our liability for a failure to comply with a consumer guarantee is limited, at our option, to replacing the goods, supplying equivalent goods, repairing the goods, or paying the cost of any of those things.
Otherwise, and to the maximum extent permitted by law, our total liability to you for any claim arising out of or in connection with the goods or these terms, whether in contract, in tort (including negligence), under statute or otherwise, will not exceed the amount you paid us for the goods to which the claim relates under the relevant invoice. This limit applies even where the liability arises in whole or in part from our own negligence.
We are not liable for any indirect or consequential loss, or for any loss of profit, revenue, production, contract or business opportunity, however arising.
Any action against us arising out of or in connection with these terms must be commenced within one (1) year after the cause of action accrues, except where a longer period is required by law.
Indemnity
To the extent permitted by law, you indemnify us and our related bodies corporate against any claim, loss, damage, liability or expense (including reasonable legal costs and the cost of defending a claim) made or brought by a third party and arising out of or in connection with:
- any alteration or modification of the goods by you, whether or not we consented to it;
- improper handling, storage, assembly, installation, maintenance or use of the goods by you;
- your removal of, failure to apply, or incorrect application of any label, load rating plate or warning on the goods, whether or not this was done on our advice;
- installation or use of the goods contrary to the manufacturer’s instructions, any applicable Australian Standard, or any applicable work health and safety law;
- your supply of the goods to any other person; or
- your breach of these terms.
This indemnity extends to claims for injury to any person, including death, damage to property, and economic loss, and applies whether the claim is framed in negligence, breach of contract, breach of warranty, breach of any other duty, or product liability.
This indemnity does not apply to the extent that the claim arises from our own negligence, our breach of these terms, or any failure by us to comply with the Australian Consumer Law. Nothing in this clause limits, excludes or modifies the consumer guarantees or any other right or remedy you have under the Australian Consumer Law, and it operates in addition to, not in substitution for, any other indemnity or right we have at law.
Your consumer rights
Nothing in these terms limits, excludes or modifies the consumer guarantees or any other right or remedy you have under the Australian Consumer Law, including your rights where goods are not of acceptable quality or do not match their description.
Returns
Returns are governed by our Returns Policy.
Governing law and jurisdiction
These terms are governed by and are to be interpreted in accordance with the law of the State of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria and of any court competent to hear appeals from those courts.