1. Acceptance of Terms
By accessing and using the Bergs Recovery Pty Ltd (“Bergs”) website or purchasing our products, you agree to comply with these Terms of Service (“Terms”). If you do not agree with these Terms, please do not use our website or purchase our products.
2. Definitions
- “Product(s)” refers to all chiller systems and related accessories sold by Bergs.
- “Customer” refers to any individual or entity purchasing or using Bergs products.
- “Website” refers to the official website of Bergs Recovery Pty Ltd.
3. Scope of Services and Products
Bergs provides commercial-grade chiller systems designed for ice baths and recovery rooms. All product details, including features, specifications, and prices, are subject to change without prior notice.
4. Orders and Payment Terms
- Orders are subject to acceptance by Bergs.
- Full payment is required before dispatch unless agreed otherwise in writing.
- Prices are listed in AUD and include GST unless stated otherwise.
5. Shipping and Delivery
- Shipping costs and delivery timelines vary based on the location and order size.
- Risk of loss passes to the Customer upon delivery.
- Delivery dates are estimates only. To the extent permitted by law, Bergs is not liable for costs arising from delivery delays outside its control.
6. Returns and Refunds
- Change of mind returns are not accepted.
- If a product is faulty, you are covered by our Warranty Policy and by the consumer guarantees under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies those rights.
- If a fault amounts to a major failure, you may choose a replacement or a refund. For other faults, Bergs will repair or replace the product in line with the Warranty Policy.
- Refunds are paid once the returned product has been received and inspected.
7. Warranty Disclaimer
- Bergs provides a limited warranty against manufacturing defects, as detailed in our Warranty Policy.
- The warranty covers manufacturing defects but does not cover damages caused by improper installation, misuse, or external factors.
- Any unauthorized repairs or modifications void the warranty.
8. Limitation of Liability
- Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law.
- To the extent permitted by law, Bergs is not liable for loss of revenue or profits, business downtime, or third party claims, and Bergs’ maximum liability is capped at the purchase price of the product.
9. Intellectual Property Rights
All intellectual property on the Bergs website, including but not limited to text, graphics, logos, and product descriptions, is the exclusive property of Bergs Recovery Pty Ltd. Unauthorized use is strictly prohibited.
10. Governing Law and Jurisdiction
These Terms are governed by the laws of Australia. Any disputes arising out of or relating to these Terms shall be resolved exclusively in the courts of Australia.
11. Amendments and Updates
Bergs reserves the right to amend these Terms at any time without prior notice. Customers are encouraged to review these Terms regularly for updates.
12. Contact Information
For any questions or concerns regarding these Terms, please contact us at:
- Email: james@bergsrecovery.com
- Phone: +61 439 393 402
Acceptance of Terms
By purchasing or using Bergs products, you acknowledge and agree to these Terms of Service.