Disclaimer

Legal Jargon...

FOR RACING PURPOSES and OFF ROAD USE ONLY !

Disclaimer:

Brett Shears Pty Ltd (ACN 169 272 806) trading as Black Spade Fabrication (ABN 93

169 272 806). ('We', 'Us', "Our').

This Disclaimer, together with any written quotes or orders make up the trading agreement (the "Trading Agreement*) between you and Us. It is important that you read and understand all of the terms and conditions of the Trading Agreement before purchasing from Us.

 

1. By purchasing from Us, You hereby acknowledge and agree that you.

a. expressly acknowledge that you have received, read and understood our Disclaimer; and

b. agree that the Disclaimer, forms part of your Trading Agreement with Us and governs each and every item of Goods you buy from Us.

2. We undertake to provide goods of acceptable quality and fit for the purpose for which it is sold and services rendered with due care and skill and fit for the purpose which you have made known to Us.
3. Subject to subclause (a), any condition or warranty which would otherwise be implied in the Trading Agreement is hereby excluded.

a. Pursuant to section 64A of Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the "Australian Consumer Law'), this subclause applies in respect of any goods or services supplied this Agreement which are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by ss 51 to 53 of the Australian Consumer Law) is limited: 

b. in the case of goods, to any one of the following as determined by Us:

i. the replacement of the goods or the supply of equivalent goods; 

ii. the repair of the goods;

iii. the payment of the cost of replacing the goods or of acquiring

equivalent goods; or

iv. the payment of the cost of having the goods repaired; and

c. in the case of services, to any one of the following as determined by Us:

i. the supplying of the services again; or

ii. the payment of the cost of having the services supplied again

d. If you have not commenced legal action under this Agreement within 6 months of the date of the event that allegedly gave rise to such action you release Us from all liability for that action.

4. In the event that you purchase a pre-fabricated safety cage kit from Us, you acknowledge that you are required to assemble and install the safety cage in accordance with the manufacturer's guidelines and recommendations.

a. You acknowledge that We are not liable for any damages, injuries or loss sustained by your failure to abide by the manufacturer's installation guidelines

5. You acknowledge that:
a. motor sport activities are inherently dangerous recreational activities and there is significant risk of injury, disability or death;

b. the risks associated with attending or participating in motor sport activities include but are not limited to the risk that you may suffer
harm as a result of.

i. motor vehicles (or parts of them) colliding with other motor vehicles or persons or property;

ii. others participants acting dangerously or with lack of skills,

acts of violence and other harmful acts (whether intentional or inadvertent) committed by persons attending or participating in the event, and

iii. the failure or unsuitability of facilities (including grand-stands,

fences and guard rails) to ensure my safety.

c. The safety cage goods and services provided by Us are not sold with the purpose of preventing damages, injuries or loss, but for minimising the chances of damages, injuries or loss in the event that you suffer harm when attending or participating in motor sport activities.