1.1 This Notice to Consumers (Notice) document applies to all Products supplied by us to you in Australia.
1.2 By opening the packaging of this Product, you agree that you have read and understand the following terms set out in this Notice and on the Product packaging (together the Terms).
1.3 This Notice is in addition to, and does not limit, the representations made and limitations specified on the Product packaging.
1.4 If the terms of this Notice are not acceptable to you, you may return the unopened Product to us for a full refund of the purchase price of the Product.
2. OUR REPRESENTATIONS
2.1 This clause 2 is subject to clause 3 (Exclusions and Limitations), clause 4 (Statutory Rights) and any other statutory or legal right.
2.2 The directions and representations made on the Product packaging are accurate and reliable to the best of our knowledge as at the date of preparation of Product packaging.
2.3 The Product is reasonably fit for the purpose or use set out on the Product packaging. The Product is not fit for any purpose or use apart from the purpose or use specified by us on the Product packaging.
2.4 You may only return the Product to us if:
2.4.1 it does not materially comply with the representations made on the Product packaging; or
2.4.2 if permitted by law, including the ACL.
2.5 If you wish to return any Product to us, you must give to us:
2.5.1 notice within a reasonable time of your receipt of the Product;
2.5.2 proof of purchase of the Product; and
2.5.3 reasonable explanation as to why the Product does not materially comply with the representations made on the Product packaging.
2.6 If we accept the return of the Product from you, we will at our option either:
2.6.1 replace the returned Product; or
2.6.2 give a credit or a refund to you for the purchase price of the Product.
2.7 Costs relating to the return of the Product under this clause 2 are payable:
2.7.1 if there has been a failure to comply with the representations made on the Product packaging, by us; or
2.7.2 otherwise, by you.
3. EXCLUSIONS AND LIMITATIONS
3.1 The exclusions and limitations in this clause 3 are subject to clause 4 (Statutory Rights).
3.2 You must always follow the packaging directions carefully and exercise judgement and caution when using this Product.
3.3 All express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise) relating to the Terms that are not contained in it, are excluded to the fullest extent permitted by law.
3.4 Any liability arising in relation to Products that we supply to you, however arising and whether for consequential loss or otherwise, including any liability arising by virtue of any representation or warranty, whether express or
implied by law, is hereby excluded to the fullest extent permitted by law.
3.5 We will not be liable for any failure, loss or damage, including plant injury, ineffectiveness, unsatisfactory or substandard results or other unintended consequences, resulting from:
3.5.1 alterations to Product for which we are not responsible;
3.5.2 any additions to or mixing of the Product with other products not performed or recommended by us;
3.5.3 any errors or omissions on the Product packaging;
3.5.4 use of the Product contrary to any directions indicated by us on the Product packaging or otherwise;
3.5.5 use of the Product apart from the directions indicated by us on the Product packaging or otherwise; or
3.5.6 any factors beyond our control, including but not limited to weather conditions or the presence or absence of other materials.
3.6 We will not be liable for any special, indirect, consequential or economic loss or damage or loss of profits (in contract or tort or arising from any other cause of action) suffered by you or any other person, animal or plant
resulting from any act or omission by us (including breach, termination or non‐observance of the terms of an agreement which incorporates the Terms).
3.7 Our total liability for breach of the Terms or breach of our contractual obligations or duties at law or in equity (however arising) is limited at our option to:
3.7.1 the replacement of the Product; or
3.7.2 the payment of the cost of replacing the Product.
4. STATUTORY RIGHTS
4.1 In circumstances where you are acquiring Product from us as a ‘consumer’ for the purposes of (and as defined in section 3 of Schedule 2 of) the ACL, we acknowledge and agree that certain statutory guarantees and rights shall apply to you as provided by relevant laws but subject to the Terms as applicable and where permitted by relevant laws.
4.2 Nothing in the Terms excludes, restricts or modifies any condition, warranty, statutory guarantee, right or remedy implied or imposed by common law, statute or regulation which cannot be lawfully excluded, restricted or modified, which may include the ACL and corresponding provisions and relevant laws of State or Territory legislation containing implied terms and/or statutory guarantees which operate to protect the purchasers of goods and services in various circumstances.
4.3 If section 23 of the ACL applies to any provisions in the Terms, any such provision(s) shall be void to the extent it is unfair within the meaning of section 24 of the ACL. If you have any questions in relation to this Notice, please contact us using the contact details provided below or on our website at icl-sf.com/au/contact/.
5. DICTIONARY AND INTERPRETATION
In this Notice:
- ACL means the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth) as amended.
- Notice means this Notice to Consumers document.
- Product means a product supplied by us to you from time to time.
- Terms means the terms of this Notice and the Product packaging (as applicable).
- We, our and us refers to Everris Australia Pty Ltd (ABN 83 148 200 962) and its related bodies corporate.
- You or your refers to the end user or buyer of the product.
ICL Australia & New Zealand
Suite 211, 33 Lexington Drive,
Bella Vista, NSW 2153 Australia
Tel.: +61 (0) 2 8801 3300
Toll Free: 1800 789 338
Overseas: +61 (0) 2 8801 3300
Fax: +61 (0) 2 8824 4833