Product Liability Disclaimer
In this document:
‘NICU Cheer’ means NICU Cheer AUS – ABN: 2472-4946-984;
‘Recipient’ means the consumer of the products; and
‘product’ means the gift-bags and/or any product within the gift-bag or other packaging as supplied by NICU Cheer in its ordinary course of business.
By accepting the gift-bag the Recipient acknowledges having received a copy of this document along with their receipt of a NICU Cheer gift-bag or other NICU Cheer product and irrevocably agrees to the terms contained within.
Use of Products
NICU Cheer strictly makes no warranties as to the appropriateness and suitability of any NICU Cheer product for its intended use by Recipients.
There are a variety of factors beyond NICU Cheer’s control that can affect the use and performance of a NICU Cheer product, including but not limited to the human error, weather, natural disasters, accidents, fires, explosions, floods, chemicals, earth’s elements, labour or any other cause beyond the reasonable control of NICU Cheer.
Given the variety of factors that can affect the use and performance of a NICU Cheer product, NICU Cheer does not represent or warrant that NICU Cheer products are fit or suitable for all purposes and that it is each Recipient’s responsibility to evaluate and determine whether a NICU Cheer product is fit for a particular purpose and suitable for the Recipient’s method of application.
Reliability of Statements
All information, recommendations and other statements contained in this document, on NICU Cheer product packaging or other product literature are based upon tests or experience that NICU Cheer reasonably believes to be reliable but NICU Cheer does not warrant or guarantee the accuracy or completeness of such information and statements.
Limitation of Liability
Except where prohibited by law, NICU Cheer will not be liable for any loss or damage arising from a NICU Cheer product, whether direct, indirect, special, incidental or consequential, regardless of the legal theory asserted, including warranty, contract, negligence or strict liability.
NICU Cheer will not be liable for any other claims or damages including, but not limited to, a claim for faulty design, negligent or misleading advice, damages arising from loss or use of the product and any indirect, special, incidental or consequential damages or injury to any person, corporation or other entity.
NICU Cheer is not liable for physical or financial injury, loss or damage or consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the products or NICU Cheer’s negligence or other act or omission.
Warranty & Limited Remedy
Unless additional warranties are specified on NICU Cheer product packaging or product literature, NICU Cheer warrant that each NICU Cheer product meets the applicable NICU Cheer product specification at the time the product was manufactured and shipped. If a NICU Cheer product does not conform to this warranty, then the sole and exclusive remedy is for the Recipient to dispose of the product.
Except as provided for herein, all express and implied warranties, guarantees and conditions with respect to merchantability, description, quality, suitability or fitness of the product for any purpose, design, assembly, installation, material, workmanship or otherwise are expressly excluded.
Effective from 14 August 2020 and applicable to all NICU Deliveries made via direct drop off or by post.