NEWS

These terms and conditions (“Terms”, “Terms and Conditions”) govern the sale and provision of goods and services (“Products”) by AirBerth Marketing Pty Ltd (“Company”, “We”, “Us”, or “Our”) to you (“Customer”, “You”, or “Your”). By purchasing or using our products, you agree to be bound by these Terms. Please read these Terms carefully before accessing or using our products.

1 Ordering and Payment
1.1 By placing an order for products, you agree to pay the specified price for the products, along with any applicable taxes, shipping, or handling charges.
1.2 We reserve the right to accept or reject orders at our discretion. We will notify you if your order is rejected and refund any payment made.
1.3 A 50% payment must be made on order before the products are shipped or the services are provided.
1.4 1.4 The balance of payment is required once our product is installed on the dock and fitted with the boat.
1.5 1.5 All service jobs are to be paid in full before our services are provided.

2 Delivery
2.1 We will make reasonable efforts to deliver the products to you within the agreed-upon timeframe. However, delays may occur due to circumstances beyond our control.
2.2 Risk of loss for the products pass to you upon delivery and installation to its mooring by our authorised representative.
2.3 Title for the product will pass to the owner upon receipt of full and final payment.
2.4 You are responsible for providing accurate delivery information, including the specification of the vessel. Any additional costs incurred due to incorrect information provided by you will be your responsibility.
2.5 Upon delivery if there is a delay by the boatbuilder or any other parties involved in the delivery we reserve the right to charge for time spent up until the delivery date of our product.
2.6 Upon delivery if there is a delay by the boatbuilder or any other parties involved in the delivery we reserve the right to charge for time spent up until the delivery date of our product.
2.7 As our product is a bespoke AirBerth we cannot be responsible for any changes or change or mind, by you. We reserve the right to keep the 50% deposit payment in the event of any change of mind by the customer.

3 Regional Location Surcharge
3.1 For customers located in remote or regional areas, an additional surcharge may apply to cover increased shipping costs or other expenses associated with delivering products to these locations.
3.2 The surcharge amount will be determined based on the specific location and will be communicated to you at the time of purchase.
3.3 We reserve the right to adjust the surcharge amount as necessary to reflect changes in shipping costs or other relevant factors.
3.4 If you are unsure whether your location qualifies for a regional location surcharge, please contact our customer service team for clarification before placing your order.

4 Alcohol and Drug Policy
4.1 We are committed to maintaining a safe and healthy environment for all parties involved. Therefore, you agree not to consume alcohol or use drugs while operating any machinery, vehicles, or equipment related to the use of our products.
4.2 You acknowledge that the use of alcohol or drugs may impair your judgment and ability to use the products safely. You agree not to use the products under the influence of alcohol or drugs.
4.3 We reserve the right to refuse service or cancel orders if we have reason to believe that you are under the influence of alcohol or drugs while using our products.
4.4 We shall not be liable for any damages, injuries, or accidents resulting from your use of the products while under the influence of alcohol or drugs.
4.5 By purchasing or using our products, you acknowledge and agree to abide by this Alcohol and Drug Policy. Failure to comply with this policy may result in the cancellation of your order or termination of services without refund.

5 Abusive Behaviour Policy
5.1 We are committed to providing a respectful and professional environment for all customers, employees and contractors. Therefore, you agree not to engage in any form of abusive, threatening, or harassing behaviour towards any of our staff members, representatives, or other customers.
5.2 Abusive behaviour includes but is not limited to verbal or written insults, threats, intimidation, discrimination, or any other conduct that may cause harm or distress to others.
5.3 We reserve the right to refuse service, terminate orders, or suspend accounts if we have reason to believe that you have engaged in abusive behaviour towards any of our staff members, representatives, or other customers.
5.4 We take abusive behaviour seriously and will cooperate with law enforcement authorities if necessary to address any criminal conduct.
5.5 We shall not be liable for any damages, injuries, or emotional distress resulting from abusive behaviour by customers.
5.6 By purchasing or using our products, you acknowledge and agree to abide by this Abusive Behaviour Policy. Failure to comply with this policy may result in the cancellation of your order, termination of services, or legal action.

6 Warranty
6.1 We warrant that the products will be free from defects in materials and workmanship under normal use for a period of 5 years from the date of installation. This is limited only to the first installation of your product for the first boat. Please refer to our warranty statement in our owner’s manual for further information.
6.2 Our liability under this warranty is limited to repairing or replacing defective products or refunding the purchase price, at our discretion.
6.3 This warranty does not cover damage resulting from misuse, abuse, accident, or unauthorized repairs.

7 Limitation of Liability
7.1 To the maximum extent permitted by law, our liability for any claims arising out of or related to the purchase or use of the products, whether in contract, tort, or otherwise, is limited to the purchase price of the products.
7.2 In no event shall We be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, revenue, or data.

8 Intellectual Property
8.1 All intellectual property rights in the products, including but not limited to copyrights, trademarks, and patents, belong to Us or our licensors.
8.2 You may not reproduce, distribute, or create derivative works based on the products without our prior written consent.

9 Governing Law
9.1 These Terms shall be governed by and construed in accordance with the laws of Queensland, without regard to its conflict of law principles.

10 Amendments
10.1 We reserve the right to update or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting on our website.
10.2 By purchasing or using our products, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms, you may not purchase or use our products