Disclaimer

Disclaimer and Waiver

  1. Application
    • This Disclaimer and Waiver applies to the products provided by Ozcradles (Aust) Pty Ltd (ACN 645 499 010) ATF The OzCradles Trust (ABN 92 234 097 701) (we, us, our) to you, and to your use of our website Ozcradles.com.au (Site). By purchasing our products or using our Site, you agree to this Disclaimer and Waiver and all our other terms and policies.
  2. general DISCLAIMER
    • Use of the Site and any of the products sold on the Site is at your own risk. Everything on the Site, and our Products, are provided to you on an "as is" and "as available" basis.
    • You acknowledge and agree that each product offering may have different terms, prices and fees, as displayed on our Site.
    • All possible care has been taken in the preparation of this Site. However, specification and particulars in relation to the products referred to in our website are subject to change without prior notice. We will make every effort to ensure a product is accurately depicted on the Site, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Site. We will not be held liable for any errors or omissions.
    • Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
    • We make no representation or guarantee regarding the suitability of our products for any particular purpose, other than those guarantees that cannot be excluded under Australian Consumer Law. We do not assume any liability whatsoever arising out of the application or use of any product. You shall not rely on any data and product specifications provided by us. It is your responsibility to independently determine suitability of any products and to test and verify the same.
    • Any timelines or delivery dates are provided by us on an estimated basis only. We make no guarantee that these timelines or delivery dates will be met as there may be interfering factors beyond its control, and is not responsible for any delay in delivering its products.
    • We expressly disclaim any and all claims arising from any representations made, whether express or implied, or reliance upon any representations made in relation to our recommendations, or information supplied to you. You also acknowledge and agree to hold us harmless for any loss suffered as a result of our recommendations and information supplied in connection with our products and in accordance with this Site.
    • You acknowledge and agree that we, our employees, affiliates and representatives are not responsible for decisions that you may make, or for any consequences, undesired or otherwise, that may flow from your use of our products that is not in accordance with our Instruction Manual.
    • Our Instruction Manual and instructional videos may include reference to cranes, winches and other products. These other products are not manufactured or sold by us and will need to be sourced by you independently in order to use our product, the Ozcradle. We expressly disclaim all liability for your use of any other products in conjunction with the Ozcradle. It is your sole responsibility to ensure you obtain quality products to use in conjunction with the Ozcradle and use these products in accordance with any instructions and safety considerations which may be required.
  3. OZCRADLE Product specific DISCLAIMER
    • You acknowledge that you have read and familiarised yourself with the Instruction Manual relating to our product, the Ozcradle.
    • You acknowledge that you accept full responsibility for informing yourself and assessing all the risks of use of the Ozcradle, and will rely solely on your own assessment of these risks before using the Ozcradle.
    • You acknowledge and agree that you must use two Ozcradles, as well as following the instructions in the Instructions Manual, in order to correctly and safely tilt your vehicle.
    • You understand there are risks associated with using the Ozcradle, which include, but are not limited to, serious physical injury, damage to personal property, including your motor vehicle, or death. We are not liable for any claim you bring against us or any injury or loss you may suffer as a result of using the Ozcradle.
    • If you use the Ozcradle, you agree that you do so at your own risk and it is your sole responsibility to correctly follow the Instruction Manual for the use of the Ozcradle; are voluntarily doing so; you assume all risk of injury to yourself; and agree to release and hold us harmless from any and all claims made against us, which arise directly or indirectly as a result of or in connection with your use of the Ozcradle.
    • You acknowledge and agree that we are not liable for any injury or damage you incur if you incorrectly or improperly use the Ozcradle in a manner that is not in accordance with the Instruction Manual.
    • In relation to the functionality of the Ozcradle, we do not guarantee that every motor vehicle will be able to be raised in the manner demonstrated in our Instruction Manual and in any instructional videos provided, as this is dependent on the size, age, model and condition of the motor vehicle.
    • If you have any questions or concerns about how to safely use the Ozcradle, you can email your query to admin@ozcradles.com.au and should await a response before proceeding. Any representations made to you in response to a query are for instructional purposes only and our Disclaimers will apply to the extent of the information provided.
    • If you are unsure about the specifications of the ancillary products which you are required to use in conjunction with the Ozcradle (as detailed below), you should contact the manufacturer of those products to ensure they are suitable for the purpose for which they will be used.
  4. WAIVER AND RELEASE OF LIABILITY
    • To the extent permitted by Law and in consideration of using our product, the Ozcradle, you agree that you will not make, take or seek any claim, counter claim, cross claim, action, proceeding, application, complaint, course or action, judgment or demand (Claims) against OZCRADLES (AUST) PTY LTD (ACN 645 499 010) and its officers, employees, agents, and independent contractors (all collectively referred to as “the Releasees”) arising directly or indirectly out of or in connection with your use of our product, the Ozcradle, and you unconditionally and irrevocably forever waive, release, acquit, covenant not to sue, and discharge the Releasees from and against any loss, liability, cost (including all legal costs and expenses on an indemnity basis), expense, damage, charge, penalty, outgoing or payment, however arising and whether present, unascertained, future or contingent and includes indirect and consequential loss (Loss) arising directly or indirectly out of or in connection with your use of the Ozcradle.
    • Without limiting the above, you acknowledge and agree that in the event that you are injured or you suffer damage of any kind connected to your use of the Ozcradle, you will bring no Claims, legal or otherwise, against the Releasees in respect of that injury or damage and you hold the Releasees harmless.
    • You agree to release, waive, acquit and forever discharge the Releasees from all Claims (including, but not limited to, claims for negligence, breach of contract or breach of statute), or right to compensation for damages you may claim to have or that you may have arising out of acts or omissions by yourself or by the Releasees, as a result of the advice given by us or otherwise resulting from your use of the Ozcradle.
    • You agree to hold harmless and indemnify the Releasees from any and all Claims made against or Loss suffered by the Releasees, which arises directly or indirectly as a result of or in connection with your use of the Ozcradle.
    • This Disclaimer and Waiver shall bind your heirs, executors, personal representatives, successors, assigns, and agents.
    • This Disclaimer and waiver operates jointly and severally in favour of the Releasees. © Progressive Legal Pty Ltd (ACN 607 068 708) trading as Progressive Legal (2020).  All Rights Reserved. This document was last updated 10 February 2021.