In these terms and conditions, “we” “us” and “our” refers to Leica Camera Australia Pty Ltd. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of Australia only.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Leica Camera Australia supports the Responsible Service of Alcohol.
Victoria Liquor Control Reform Act 1998: It is an offence to supply alcohol to a person under the age of 18 years (Penalty exceeds $7,000), for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $600).
Under the Liquor Control Act 1988, it is an offence: to sell or supply liquor to a person under the age of 18 years on licensed or regulated premises; or for a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated premises.
The following terms and conditions will apply between Leica Camera Australia Pty Ltd ABN 32 162 179 740 (“Leica”/”we”) and “you/customer”, for the provision of any Installation Services and any Installer Delivery Services (collectively, “Services”) purchased by you which Leica has agreed to perform at the “Premises” nominated by you using its nominated “Installation Provider”.
SECTION 1
“Cine 1 Free Installation” and “General” will apply to all Services purchased by you, and if you qualify for Installer Delivery Services, then SECTION 2 “Delivery” will also apply.
In these terms and conditions:
1. Cine 1 Free Installation
2. General
a) The Services will be performed by Leica’s nominated “Installation Provider”. For the purposes of the Installation Services “Goods” means the goods purchased by you from Leica, or from another retailer, which are the subject of the Installation Services. “Installation Services” means the installation and related services.
b) Leica will endeavour to perform the Services on the day agreed by you, and the Installation Provider(s) will contact you to arrange a time. You will be advised by the Installation Provider(s) of an expected arrival timeframe. If this does not happen, please contact the store of purchase. On the day of the Service, the Installation Provider(s) will contact you before arrival. Please note that attendance to perform the Services may be affected by factors outside of Leica’s control, such as adverse weather conditions, traffic conditions and the actions of the Installation Provider(s), and Leica therefore cannot guarantee arrival at the prearranged time and day. Where this happens Leica’s Installation Provider(s) will provide you with as much notice as practicable and will arrange another day with you.
c) You must provide at least 48 hours’ notice if you wish to cancel the Services, or change the date you agreed with Leica for the Services (or such other date that you may have agreed with the Installation Provider(s)), by calling the store of purchase. If you do not provide this notice, Leica reserves the right to charge you its reasonable costs of any failed attendance and for rearranging attendance by the Installation Provider(s) at the Premises, or a cancellation fee. If the Premises are unattended at the time that the Installation Provider(s) attend at the Premises, the Installation Provider(s) will wait 10 minutes before leaving the Premises.
d) Except for instances otherwise provided by Australian Consumer Law, Leica shall not be responsible for any loss, cost, damage, expense, injury or death arising from any cables or sockets being damaged, faulty, incompatible with, or otherwise unsuitable for, the Goods. Under no circumstances will Leica perform any provisioning, laying or relocating of any cable or points /outlets (power, data or coax) be they existing or new.
e) You are responsible for ensuring that the specific location in the Premises where the Goods are to be installed (and the route from the boundary of the Premises to that location) is of sufficient size, safe and clear of obstacles to allow the Services to be performed. If the Installation Provider determines that this is not the case, then the Installation Provider will not perform the Services (to the extent that the Services are not able to be performed) and Leica reserves the right to charge you its reasonable costs (for attending at the Premises and not being able to perform the relevant Services) and/or a cancellation fee. In particular, please bear in mind the clearance required and weight of the Goods so that the furniture is strong enough for the load and finishes could be damaged as a result. Unless provided by the consumer guarantees under the Australian Consumer Law, Leica shall not be responsible for any loss, cost, damage, expense, injury or death arising from the structure, fixtures or fittings of the Premises being unable to bear the weight of the Goods.
f) You are responsible for ensuring that any required electrical, coaxial or data supplies or connections are within reach of the installation location and that they are compatible, in good condition and working order and will continue to be so for the foreseeable future. If the Installation Provider believes that this is not the case (for example, frayed wiring, poorly fitted connections, power boards or extension cords that are not recommended for AV equipment are used) or are otherwise unsuitable they will not install or connect the Goods and Leica will provide a refund of the Installation Service fees that you have paid for.
g) Leica will take reasonable care but cannot guarantee that floors will not get dirty or incur minor scuffing during the process of the Services being performed. Leica suggests that you cover floors to protect them.
h) You, or another responsible person over the age of 18 whom you have given authority to attend at the time of the Services, must be present at the time of attendance. Any reference to “you” in the paragraphs below includes any such person.
i) You must ensure that any pets are placed in a secure location before the Services commence and at all times during the process of the Services being performed by the Installation Provider.
j) Upon arrival at the Premises, you must ensure that the Installation Provider can commence all relevant tasks without delay. The Installation Provider will inspect the location(s). In the event that the Installation Provider believes that the location for Installation is unsafe or impractical they will be unable to perform the Installation at that location.
k) If the Installation Provider notices any pre-existing damage to the proposed area within your Premises where the Goods are to be installed before they install the Goods they will bring this to your attention. This is intended to avoid any dispute as to whether the Installation Provider has caused any damage to your Premises during the Installation process.
l) The Installation Provider will unpack and inspect the Goods for any damage before commencing the Installation Service. If the Installation Provider identifies any damage to the Goods at this time, they will notify the Leica installation support team which will then contact you to arrange replacement of the Goods and to reschedule the Services.
m) Please visit our Terms and Conditions for details of our policies in relation to faulty goods and returns due to change of mind.
n) If you wish to return unused and unopened Goods and cancel the Installation Service because you have changed your mind you must provide at least 24 hours’ notice by calling the store of purchase. If you do not provide this notice, Leica reserves the right to charge you its reasonable costs of any failed attendance or a cancellation fee. If you are returning unused and unopened Goods due to change of mind in accordance with our policies, we will not refund the delivery fee and you must cover our costs to pick up the Goods. If the Goods are unused but have been unpacked we may, at our absolute discretion, accept return of the Goods in the event of a change of mind provided it is in perfect condition.
o) You acknowledge and agree that if you fail to provide any information, fail to provide correct information or fail to perform any of your obligations under these Terms and Conditions in respect of the Premises or in connection with the Services, then the Installation Provider(s) may, without limiting any of Leica’s rights at law, refuse to perform the Services and/or may require the payment of extra fees from you as reasonably required to perform the Services.
p) Nothing contained in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy or other obligation implied by the Australian Consumer Law which cannot by law be excluded, restricted or modified.
q) Our services come with consumer guarantees that cannot be excluded under the Australian Consumer Law. You may recover damages from Leica for any reasonably foreseeable loss or damage that you suffer because of any failure of the Services to comply with these guarantees. If the failure to comply with these guarantees is a major failure or cannot be remedied, you may terminate the agreement between you and Leica for the supply of the Services or recover from Leica compensation for any reduction in the value of the Services below the price paid or payable by you for the Services. If the failure to comply with these guarantees can be remedied and is not a major failure, you may request Leica to remedy the failure within a reasonable time, or if it cannot be so remedied you may recover from Leica all reasonable costs that you incur in having the failure remedied, or terminate your agreement with Leica for the provision of the Services.
r) If Leica, its contractors, sub-contractors or employees, suffer any reasonably foreseeable loss, damage, cost or expense as a result of your failure to comply with these Terms and Conditions, then you must pay Leica the amount of that loss, damage, cost or expense if Leica asks you to and the exclusions in clause 1(u) will not apply.
s) Except where provided by the consumer guarantees under the Australian Consumer Law or clause 1(t), neither party shall be liable to the other or any other person for any of the following losses arising from, or in connection with Services : (i) loss of profits; (ii) loss of revenue; (iii) loss of anticipated savings; (iv) loss of business opportunity; (v) loss of goodwill; (vi) loss of reputation; (vii) loss of data, (viii) consequential, indirect or incidental loss; (ix) special loss; (x) punitive or exemplary damages; (xi) economic loss or damages of any nature or description, or (xii) any property damage, injury or death, whether such losses arise in contract, tort, under statute or regulation, or under any other legal cause or action, claim or right.
3. Installer delivery services
a) In this section 2; (i) “Installer Delivery Services” means (as agreed by you and Leica) the delivery of Goods by the Installation Provider to the specified room in your Premises; (ii) “Goods” means the Cine 1 | 100-inch (product code 30188) or 120-inch model (product code 30194) purchased by you from Leica, or from another retailer, which are the subject of the Installer Delivery Services; and (iii) “Return Goods” means the Cine 1 | 100-inch (product code 30188) or 120-inch model (product code 30194) purchased by you from Leica, or from another retailer located at the Premises which you and Leica have agreed will be removed from the Premises and returned to the store of purchase.
b) Where the Installer Delivery Services include the removal of Return Goods from the Premises you must ensure that the Return Goods are empty, safe to be removed from any cavity or wall mount and are otherwise safe to be handled and readily available for easy removal at the time the Installation Provider attends at the Premises. If any of these conditions have not been satisfied, Leica will not be able to remove the Return Goods and Leica may (at its discretion) refund the relevant portion of the fees you paid for the Installer Delivery Services which were not able to be performed.
c) You must ensure that the Installation Provider’s vehicle can park immediately outside the entrance to the Premises. Leica reserves the right to refuse to deliver the Goods or Return Goods (as the case may be) where parking within 20 metres of the entrance to the Premises is not available. Any applicable parking charges are your responsibility.
d) The Installation Provider will inspect the location(s) and the route from the delivery vehicle to the location in the Premises. In the event that the Installation Provider believes that the route to a location or the location itself is unsafe or impracticable they will be unable to perform the Installer Delivery Services to or from that location and will deliver the Goods to such other location inside or outside the Premises as you direct, provided that they consider this location and the route to this location to be safe and practical, and in the case of removal, be unable to remove Return Goods.
e) If the Installation Provider notices any pre-existing damage on the proposed delivery route within your Premises before they deliver the Goods (or remove the Return Goods) they will bring this to your attention. This is intended to avoid any dispute as to whether the Installation Provider has caused any damage to your Premises in the process of providing the Installer Delivery Services.
f) Risk of loss, damage or theft to the Goods passes to you at the time of delivery of the Goods to the Premises.