In using this website you are deemed to have read and agreed to the following terms and conditions:
YOUR CONTRACT IS WITH Disrupt Industries Pty Ltd Limited trading as Disrupt Surfing of registered office; 4/24 Lamrock Avenue, Bondi Beach, NSW, Sydney Australia and ABN 84 602 419 812 with whom you make a contract when you purchase a custom made board.
The individual – Customer
The Company – Disrupt.
PURPOSE OF THE CONTRACT
An individual wishes to create, and purchase a custom-made sports item, which will be referred to as ‘The Product’. The Individual(s) requires the service of the company to create The Product.
The individual will provide the company with the design for the product. If the individual does not have a design they can work with the company artist, however a fee may be incurred. The company have a range of set designs that the individual can choose from which may also incur a fee. The costs of designs are variable, and individual to each product, based on complication, size and shape. The individual will be sent a final mock of the design before going to production. The individual will always be sent a final mock picture of the product, along with the product size dimension, and any other customisation such as fin setup. It is the individual’s responsibility to reply and confirm ‘sign off’, or request any alterations to the final mock up. The product will not be put into production without final confirmation, and lack of confirmation could affect delivery time.
From Sign Off point, production time is estimated between 8-10 weeks, this includes deliver to mainland Australia. In isolated cases production may be delayed, due to design complication, delivery times, and weather affecting freight. A compensation will be offered for products which have taken longer than six months to produce from final confirmation. Compensation is always at the discretion of management.
CHANGES TO PRODUCTION
If, after Sign Off has been issued, you wish to change your product in any way, for example your chosen fin setup or size, we will do our utmost to make these changes but it may not always be possible. Once Sign Off has been confirmed we may not be able to make any changes to your product. Any changes should be made in writing via your account manager, or who you made your booking with. You may be asked to pay an administration charge per amendment, and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the production date that changes are made and you should contact us as soon as possible. Note: Certain arrangements may not be changeable after sign off has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements. The price of your new product will be based on the prices that apply on the day you ask for the change. These prices may not be the same as when you first ordered your product.
PAYMENT & PRICES
A min 50% deposit of the products total cost is required to put the board into planning. The remaining balance should be paid once the board is in production. The product will not be delivered to the individual with any outstanding balances, and production may be halted or delayed if balances are not paid. The basic board price and the optional extra prices detailed in the invoice are accurate as at the date of the agreement. The Company reserves the right to alter any of the prices prior to the confirmed booking of any product, however, The Company shall notify The Individual(s) in advance of any changes. All prices are subject to stock availability and are subject to the surcharging provisions.
IF YOU WISH TO CANCEL: You may cancel your product at any time. Written notification from the person who made the order must be received at our offices. Since we incur costs in cancelling your product, you will have to pay the applicable cancellation charges up to the maximum shown below. Note: If the reason for your cancellation is covered under the terms of an insurance policy, you may be able to reclaim these charges and happy to provide cancellation confirmation documents.
|Period Of Time||Amount of cancellation charge|
|Before sign off||Deposit only|
|7 days After sign off||80% of the Product Cost|
|More than 7 days After sign off||100% of the Product Cost|
IF WE CHANGE OR CANCEL YOUR ORDER: It is unlikely that we will have to make any changes to your order. Occasionally, we may have to make small changes to the delivery time and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible point. We also reserve the right in any circumstances to cancel your order. For example, if the minimum number of orders is required for a particular shipment, we may have to cancel it. However, if we are unable to provide the order arrangements, you are entitled to a full refund of all monies paid or accept an offer of alternative product of comparable value from us, if available (we will refund any price difference if the alternative is of a lower value).
The Company cannot be responsible for any circumstances beyond its control or due to a third party. The Company does not accept any liability if bad weather conditions or local events cause the suppression of services laid out in this contract.
This agreement shall be governed for all purposes by and interpreted in accordance with Australian law and any dispute arising out of the same shall be referred to the exclusive jurisdiction of the Australian courts.
CLAIMS OR DISFACTORY SERVICE
The Individual shall promptly (and within 14 days of the receiving the product) notify The Company in writing of any complaints and claims made by in relation to the product. This includes damage, or incorrect design. Any claims made outside of the 14 days within delivery although still taken into consideration, may be disregarded.
We pride ourselves in providing fine quality products; this is backed by our 6-month warranty. If you feel your board has been damaged as a result of poor workmanship we will conduct a visual assessment, and determine if it meets our warranty policy. The following are not covered under warranty, but not limited to: Damages or failure due to fair wear and tear, damages resulting from impact, misuse, neglect, excessive external abrasion, alteration, loss or unauthorized repairs. Broken/buckled boards, natural; discoloration, damage or loss to a third party, any physical injury caused by the surfboard.
OUR LIABILITY TO YOU: If the contract we have with you is not performed or is improperly performed by us or our suppliers we will source appropriate compensation if this has affected the enjoyment of your final product. However we will not be liable where any failure in the performance of the contract is due to you; or a third party unconnected with the provision of the final product. Nor are we liable where the failure is unforeseeable, unavoidable or unusual and unforeseeable circumstances beyond our control. The consequences of which could not have been avoided even if all due care had been exercised; or an event which we, or our suppliers, even with all due care, could not foresee or forestall.