Trampoline Warranty

Safety is our number one priority.

All of Premier Trampolines trampolines have been designed to have the safety enclosure and safety padding assembled.  Even though our Springless Trampolines have a soft fall surface under the pad, you are still required to fit the Safety Pad and Safety Enclousure.

Manufacturer’s Warranty - Terms & Conditions

1. Definitions
"Agreement" means the purchase of the Product as governed by these terms & conditions;
"BCI" means Best Choice Imports Pty Ltd trading as Premier Trampolines;

“Defective Product” means a Product that contains a manufacturing defect;
"Customer" includes the original purchaser of the Product and any User;
"Product" means the Trampoline and any parts;
"Trampoline" means the Trampoline purchased from BCI by the Customer giving rise to the Agreement.
"User" means any third party that uses the Product with or without the consent of the Customer;

2. Conditions of purchase
In purchasing the Product the Customer agrees to enter this Agreement and be bound by the terms & conditions as set out herein.

3. Procedure for claiming

(a) During the applicable warranty period (as stated in part 4 below) if you have a problem with respect to the Product and you are of the opinion that the  Product is defective, you may contact Best Choice Imports Pty Ltd, by phone 1300985008, or e-mail at warranty@premiertrampolines.com.au.  If BCI agrees that the Product is a Defective Product, you may return the Defective Product, transportation charges prepaid, accompanied by written proof of purchase (a bill of sale or receipted invoice). The business address of Best Choice Imports Pty Ltd is 164 Victoria Street, Geelong North 3215.
(b) If the Customer's claim relates to a manufacturing defect the Customer must notify BCI of its claim within 7 days of the Product being assembled. For the purposes of this clause 3, manufacturing defects include, but are not limited to, matters such as cuts or holes in the mats or netting, poor quality stitching and missing or incorrectly sized components.
(c) If the Customer's claim relates to a defect that is not a manufacturing defect the Customer must notify BCI of its claim within the warranty period and within 7 days of becoming aware of the alleged defect.
(d) Upon receiving a warranty claim BCI may require the Customer to return the Defective Product to BCI for examination and/or testing. All warranty claims must be made with a proof of purchase. Provided that the Customer complies with any reasonable requests that BCI might make, BCI undertakes to respond to the Customer's claim within 21 days from the date on which it has all of the evidence that it reasonably requires.
(e) If the Customer's warranty claim is accepted BCI may in its absolute discretion either:
(f) Provide a replacement component(s) or Trampoline; or

(ii) Repair any defects that are reasonably capable of being repaired; or
(iii) Provide a full refund of the price paid for the Trampoline.

(g) If any component is repaired or replaced the warranty period in relation to that component from the date of supply of that component is whatever period was left on the warranty period in respect of the original component. 

4. Warranty

(a) In relation to the Trampoline that the Customer has purchased from BCI, BCI warrants to the best of its knowledge (subject to these terms & conditions) that the Trampoline is free from manufacturing defects and that it will remain free from defects caused by ordinary usage (within the guidelines provided) throughout the warranty period (as set out in clause 4(b)).
(b) The warranty applies during the warranty period. The warranty period that applies varies for different parts of the Trampoline as follows:

(i) Steel frame                                 5 years
(ii) Jumping mat and surface           18 months
(iii) Safety net enclosure                 18 months
(iv) Frame cover pads                     18 months
(v) Everything else                          18 months

Model 10ftSTCL comes with a 2 year frame warranty and 6 months on all other components.

(c) BCI does not accept responsibility for any costs, losses or damages that the Customer might suffer in making a warranty claim and in making a warranty claim the Customer agrees unconditionally not to seek to recover any such sums from BCI.
(d) This warranty is non-transferable. All warranty claims must be made by the person who made the original purchase of the Trampoline from BCI.
(e) Nothing in these terms & conditions are intended to limit any warranty that is implied by law to the extent that any such limitation would be unlawful.

5. Liability
5.1 Limitation of liability
(a) The warranty set out in these terms & conditions is subject to the following exclusions:
(i) The warranty in relation to the steel frame does not cover the natural occurrence of rust on the steel frame of the Trampoline.
(ii) The warranty does not cover any damage that may be caused to the Trampoline as a result of improper or incomplete assembly, want of maintenance, other failure to follow instructions or exercise due care including, but not limited to the assembly, use or supervision of the Product. Proper assembly of the Trampoline includes the assembly of the Trampoline base, mat, safety pad, and safety enclosure.
(iii) Except where provided in these terms & conditions, the warranty does not include or extend to any accessories that might be purchased in connection with the Trampoline.
(iv) The warranty does not include or extend to any costs that the Customer may incur in having the Trampoline or any of its components repaired or replaced otherwise than by a warranty claim.
(v) The warranty does not include any alleged defects that are the subject of a warranty claim after the Trampoline or any of its components have been replaced with components not supplied by BCI or repaired by a party other than BCI.
(vi) The warranty does not include or extend to any defects that have been caused in whole or in part by the commercial use of the Trampoline.
(vii) The warranty does not cover any damage that may be caused to the Trampoline after being erected or dug into a hole or any costs directly or indirectly incurred in construction of the hole.
(l) The warranty does not include or extend to any indirect loss or damage that may be suffered.
(c) In addition, these terms & conditions do not cover: (a) the cost of installation, removal or reinstallation of the Product, or the cost of shipping the Defective Product to BCI; (b) accidents, failure to follow instructions, use outside the scope of any other provided documentation (e.g., user guide, and installation guide), misuse, abuse, neglect, fire, flood or acts of God; (c) assistance to install and operate the Product; or (d) any warranties provided to you by the vendor from which you acquired this Product. 
(d) For any Product that is not covered by this Manufacturer’s Limited Warranty, you must pay BCI for all reasonable parts, labour and shipping charges incurred by BCI to repair or replace the Product. 
(e) To the extent your Defective Product contains a minor defect your remedy under these terms & conditions is to obtain a refund of the Defective Product or repair or replacement of the Defective Product.  BCI has the discretion as to which remedy applies.   To the extent permitted by applicable law, BCI expressly disclaims all warranties, representations or conditions of any kind, express or implied or statutory, written or oral,  with respect to the Product, including, but not limited to any warranty of non-infringement, merchantable quality or fitness for a particular purpose.

5.2 Exclusion of negligence
BCI is not liable to the Customer in contract or in tort arising out of, or in connection with, or relating to:
(a) the performance of the Product or any breach of these terms & conditions; or
(b) Any fact, matter or thing relating to the Product; or
(c) Any error (whether negligent or in breach of contract or not) in information supplied to the Customer or a User before or after the date of the Customer’s or User’s use of the Product.

5. Waiver
5.1 Indemnity

(a) The Customer waives on a continuing basis any rights against BCI for any liability, loss, expense or demand for or arising from any false, misleading, deceptive or misdescriptive representation or statement made by BCI in respect of the Products to any person. This waiver survives termination of this Agreement by either party for any reason.
(b) The Customer waives any rights against BCI for any losses, damages, claims, demands, suits, actions, proceedings, orders or judgments whatsoever arising out of or in respect to the supply of the Product by BCI to the Customer and BCI is not liable for any loss arising in the course of its conduct as supplier of the Product to the Customer including without limiting the generality of the foregoing in respect of:
(i) any breach of any conditions or warranty given by BCI expressly or by operation of any statute in respect of the Product;
(ii) BCI being ‘manufacturer’ of the Products by operation of the Australian Consumer Law and the Trade Practices (Australian Consumer Law) Amendment Regulations 2010 (No. 1).
(c) To the extent permitted by applicable law BCI, its directors, officers, employees, suppliers and agents, shall not be liable for injury to persons or property, or for any indirect, special, incidental or consequential, punitive  or exemplary damages, claims against them by third parties, or any other commercial or economic losses of any kind, whether based on contract, tort (including theories of negligence, recklessness, strict liability, or product liability) or any other legal theory, even if advised of the possibility of such damages or they are foreseeable, arising out of  a Customer’s use of or inability to use the Product.
(d) To the extent permitted by applicable law the total liability of BCI for failure to fulfil its warranty obligations, and of BCI, its directors, officers, employees, suppliers and agents, for any other liability under, or in connection with this Product, regardless of the number of events, occurrences or claims giving rise to liability, shall be limited to the amount you paid for the Product.
(e) Subject to these terms & conditions, BCI is not responsible for any loss, injury or damage caused by an error or defect in the Products or errors or faults caused by alteration, modification, misuse, neglect and unauthorised repair supplied by any person, or in the event that the Customer uses the Product in a manner inconsistent with the safety instructions as set out in these terms & conditions.

6. Safety Instructions
6.1 Prior to use
(a) Prior to use a safety check should be undertaken of the Trampoline and all surrounding areas to ensure the Trampoline and its component parts are in good repair and properly fitted, there are no overhead obstructions, there is nothing underneath the Trampoline, and that the areas surrounding the Trampoline are free of any obstacles or hazards;
(b) Remove any debris from the Trampoline prior to use;
(c) Heavy or unsuitable footwear including but not limited to boots or heeled shoes should be removed prior to use;
(d) Loose articles including but not limited to jewellery, spectacles, and items in pockets should be removed prior to use;
(e) Do not use the Trampoline when tired;
(f) Do not use the Trampoline when injured;
(g) Do not use the Trampoline in wet and/or windy conditions;
(h) Do not use the Trampoline whilst under the influence of drugs or alcohol;

6.2 During use
(a) Only one person at a time should use the Trampoline;
(b) Do not allow any bystanders to sit on or lean against the Trampoline whilst in use;
(c) Any child using the Trampoline should be under supervision from an adult or mature person;
(d) Always bounce in the centre of the mat;

6.3 After use
(a) Do not dismount the Trampoline by jumping from the mat to the ground;
(b) Secure the Trampoline from unauthorised or unsupervised use.

7. General

7.1 Entire Understanding
(a) This Agreement contains the entire understanding between the parties concerning the subject matter of the Agreement and supersedes all prior communications between the parties.
(b) Each party acknowledges that, except as expressly stated in this Agreement, that party has not relied on any representation, warranty or undertaking of any kind made by or on behalf of the other party in relation to the subject matter of this Agreement.

7.2 No Waiver
A failure, delay, relaxation or indulgence by a party in exercising any power or right conferred on the party by this Agreement does not operate as a waiver of the power or right. A single or partial exercise of the power or right does not preclude a further exercise or any other power or right under the Agreement. A waiver of a breach does not operate as a waiver of any other breach.

7.3 Severability
If any provision of this Agreement offends any law applicable to it and is as a consequence illegal, invalid or unenforceable then:

(a) Where the offending provision can be read down so as to give it a valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve that result; and
(b) In any other case the offending provision must be severed from this Agreement in which event the remaining provisions of the Agreement operate as if the severed provision had not been included.

7.4 Variation
This Agreement may be varied by BCI at any time in writing, by posting any variation on the BCI website.

7.5 Governing Law and Jurisdiction
This Agreement is governed by and must be construed in accordance with the laws of the State of Victoria. The parties submit to the non-exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters or things arising out of this Agreement.  

7.6  Non exclusion

Our goods 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 for 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.  The benefits under your warranty are in addition to other rights and remedies under the law in relation to the Product.

Version March 2012