Miura Golf Inc.Terms & Conditions – Australia
Please review this agreement carefully. It contains important information about your rights and obligations. Since these terms are subject to change from time to time by posted updates, please check back periodically.
Non-Australian Customers: The provisions of this Terms of Sale Agreement do not apply to you. All non-Australian customers should click here to review the provisions of the Terms of Sale Agreement that applies to non-Australian customers in lieu of those set forth below.
1. Your Acceptance of Purchase Terms:
This Agreement together with any referenced documents (collectively the “TSA”) contains the terms and conditions that apply to your purchase of goods (“Products”) through the Miura Web Site (“Site”). By completing and submitting the Product order form (“Order Form”), you agree to accept and be bound by the TSA existing at the time Products are ordered (“Order”), and such TSA terms and conditions may not be altered by you. Any Product Orders placed after changes to the TSA are posted to this Web Site shall be subject to the amended TSA.
2. Purchase Eligibility:
Products may only be purchased by individuals who can form legally binding contracts under applicable law, and are not available to minors. You agree and represent that you are buying for your own personal use only, and not for resale, unless you are an authorized distributor of Miura, in which case Miura has separate terms and conditions governing sales to distributors and resales. For the avoidance of doubt, the terms and conditions set forth in the TSA do not apply to sales to a distributor that has entered into a separate agreement with Miura.
You agree that you must evaluate the suitability of the Product for your purposes before placing an Order. To order a Product from Miura, you need to accurately complete the Order Form. If the Order Form is incomplete it may not be processed, without notice to you. Miura assumes no responsibility for failure to receive your Order Form or other communications, due to any other cause. Due to production, inventory and other considerations, Orders are not binding until Miura confirms and accepts the Order. Any quotations given by Miura will be valid only for the period stated on the quotation.
4. Misprints and Errors:
Miura is not obligated to sell Products based on product or pricing errors on the Site. We try to provide current and accurate information on the Site; however, errors may occur. Miura reserves the right to reject, correct or cancel any Order for which the price was incorrectly displayed or where we otherwise displayed erroneous or inaccurate information at any stage of the ordering processing, including after an Order has been submitted and whether or not the Order has been confirmed and your credit card charged. In cases of Order rejection or cancellation, our only obligation to you is to provide you with a credit, if applicable.
5. Prices and Payment Terms:
Prices for Products are shown on the Miura Web Site, but Miura retains the right to change its Product prices at any time by updates posted on the Miura Web Site. Terms of payment are within Miura’s sole discretion, and unless otherwise agreed to by Miura, payment must be made at time of placement of the Order. Payment for the Orders will be made by credit card, unless Miura accepts in writing wire transfer or some other prearranged payment method.
Please see the applicable credit card and payment information at (click here). If credit terms have been agreed to by Miura, invoices are due and payable within thirty (30) days after the date of the invoice. Miura may invoice parts of an order separately. You agree to pay interest on all amounts past due at a rate of the lesser of (a) one and one half percent 1.5% per month (19.56% per annum) or (b) the highest rate permitted under applicable law.
6. Shipping Charges, Insurance and Taxes:
Separate charges for shipping, insurance and handling will apply to Orders. Please see specific information on shipping and handling at (click here). You are also responsible for paying all applicable sales, GST, other taxes and any fees, tariffs, or duties relating to the Order.
7. Packaging and Delivery:
The Orders are subject to being packaged in accordance with the Miura packaging and delivery guidelines, as described at (click here). Depending on the number and nature of the Products in your Order, the Products may be packaged and delivered either as individual Miura orders, or as a consolidated order containing all the Products. Partial shipments do not otherwise modify your obligation to pay for or accept Products shipped.
8. Title and Risk of Loss:
Title to the Products passes to you on shipment of the Products from Muira’s facility. Any loss or damage to the Products that occurs during shipping is Miura’s responsibility. Once the Products reach their destination, you are responsible for any loss or damage occurring to it.
9. No Return Policy:
Miura Products are generally assembled according to each individual purchaser’s specifications and therefore the purchaser shall have no right to return such Products once sold, subject to any returns under the warranty provisions expressly set out in the TSA.
10. Warranties and Service:
Miura offers a limited product warranty (the “Limited Warranty”) to certain End Users (defined below) of Qualifying Products (defined below). The Limited Warranty gives End Users specific legal rights, and establishes Miura’s responsibility in connection with defective equipment, subject to the terms and conditions of the Limited Warranty and to laws, regulations, and other rules and requirements as may apply from country-to-country and from state-to-state (or other applicable jurisdiction). Notwithstanding the general provisions of this Paragraph 10, the terms of the Limited Warranty are subject to the other terms and conditions set forth in the TSA, including, without limitation, those set forth in Paragraphs 11 through 13 below.
Who may use the Limited Warranty?
Miura extends the Limited Warranty only to the consumer using a Qualifying Product for its intended purpose under normal conditions who either (a) originally purchased the Qualifying Product in a new and unused condition through the Site or from an authorized Miura retailer or reseller or (b) received the Qualifying Product as a gift in a new and unused condition from a person who satisfies clause (a) (in each case, an “End User”). The Limited Warranty does not extend to any subsequent owner or other transferee of any Product.
What does the Limited Warranty cover?
Miura warrants to each End User that its Qualifying Products will be free of defects in material and workmanship during the Warranty Period (defined below). “Qualifying Products” means Miura-manufactured golf club components (e.g., club head) owned by an End User and not disqualified by the other terms and conditions of the Limited Warranty.
What does the Limited Warranty not cover?
The Limited Warranty does not cover any damage due to: (a) transportation; (b) storage; (c) improper use; (d) failure to follow any provided written instructions or to perform any preventive maintenance; (e) modifications; (f) unauthorized repair; (g) normal wear and tear; or (h) external causes such as accidents, abuse, or other actions or events beyond Miura’s control. Without limiting the foregoing, the Limited Warranty will be void if an otherwise Qualifying Product is ever subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling, abnormal physical stress, abnormal environmental conditions, or use contrary to any written instructions issued by Miura.
The Limited Warranty does not cover any products manufactured by a third party, even if such products are contained in or incorporated into finished products also containing or incorporating Miura-manufactured golf club components or if such products are attached to or packaged together with Miura-manufactured golf club components. For the avoidance of doubt, Miura makes no representations or warranties regarding any third party products.
What is the period of coverage?
The Limited Warranty starts on the date of original purchase by a person who satisfies clause (a) of the definition of End User and lasts for two (2) years (the “Warranty Period”). The Warranty Period is not extended by a gift to a person who satisfies clause (b) of the definition of End User, or if Miura repairs or replaces a Qualifying Product.
What are your remedies under the Limited Warranty?
With respect to any defective Qualifying Product during the Warranty Period, Miura will, in its sole discretion, either (a) repair or replace such Qualifying Product (or the defective part) free of charge or (b) credit or refund the purchase price actually paid for such Qualifying Product (exclusive of any taxes, fees, levies, tariffs, or similar charges). In the event that Miura elects to replace such Qualifying Product (or the defective part), Miura, in its sole discretion, may replace such Qualifying Product (or the defective part) with a new or refurbished product (or part).
How do you obtain warranty service?
To obtain warranty service during the Warranty Period, an End User must call the Miura Warranty Department at 1-866-GO-MIURA (1-866-466-4872). At present, Miura does not offer warranty service through an email account.
If an End User’s Qualifying Products are covered by the Limited Warranty, the End User will be issued a Defective Merchandise Authorization Number. Once issued a Defective Merchandise Authorization Number, the End User must ship the Qualifying Product to Miura at the following address: Miura Golf LP, Attn: Warranty Department, 7327 E Tierra Buena Lane, Scottsdale, AZ, USA 85260.
The End User is responsible for all costs and risk of loss associated with the delivery of the defective Qualifying Product to Miura. In the event that the End User purchased the Qualifying Product from the Site, Miura is responsible for all costs and risk of loss associated with the delivery of the repaired or replacement product to the End User. In the event that the End User purchased the Qualifying Product from an authorized Miura retailer or reseller, Miura is responsible for all costs and risk of loss associated with the delivery of the repaired or replacement product to either the End User or the authorized Miura retailer or reseller from whom the End User purchased the Qualifying Product, to be decided in Miura’s sole discretion.
Australia Consumer Law and Regulation 90 of the Competition and Consumer Regulations 2010
For Australian customers: The benefits provided to you by this Limited Warranty are in addition to the other rights and remedies available to you under the law in relation to the goods to which this Limited Warranty relates.
Our Products 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.
11. Warranty Disclaimer:
All warranties implied by law, including implied warranties of merchantability and fitness for a particular purpose, are expressly limited to the warranty period, subject to paragraph 13. There are no other warranties that extend beyond the warranties set forth above. With the exception of any warranties implied by law as hereby limited, the limited warranty is exclusive and in lieu of all other warranties, guaranties, agreements, and similar obligations of a manufacturer or seller of goods.
12. Limitation of Liability:
The remedies described above are your sole and exclusive remedies and miura’s entire liability for any breach of the limited warranty. Subject to paragraph 13: (a) miura does not accept liability beyond the remedies expressly set forth in this tsa, including any liability for products not being available for delivery; (b) miura shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control; (c) miura shall not be liable for lost profits, loss of business, or other consequential, special, indirect, incidental, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party; and (d) in no event shall miura’s total liability to you exceed the price paid by you for the product that is the subject of the claim. Subject to paragraph 13, the foregoing limitations apply regardless of the cause or circumstances giving rise to such loss, damage or liability, even if such loss, damage or liability is based on negligence or other torts or breach of contract (including fundamental breach or breach of a fundamental term).
13. Exclusions and Limitations:
Some jurisdictions do not allow the exclusion of certain warranties or conditions, or the limitation or exclusion of liability, and accordingly some of the limitations in the tsa may not apply to you. These include the australia consumer law.
14. Dispute Resolution:
The parties acknowledge and agree that it is preferable to resolve all disputes (“Disputes”) between them confidentially, individually, and in an expeditious and inexpensive manner, and that private dispute resolution is preferable to court actions. The parties will make good faith efforts to resolve by agreement all Disputes arising under or in connection with this Agreement. If a Dispute cannot be resolved within thirty (30) days of written notice of a Dispute (or such other period as the parties may agree upon), then either party may refer the Dispute to arbitration, in Scottsdale, Arizona, United States, to be held in the English language, by the American Arbitration Association (the “Association”) in accordance with applicable Association rules. Each Dispute will be finally settled by one arbitrator appointed by the parties (or by the Association if the parties are unable to agree on an arbitrator). The award of the arbitrator will be final and binding on each party. Judgment upon the award may be entered in any court of competent jurisdiction.
The TSA constitutes the entire agreement between you and Miura governing your purchase of the Products. The TSA and the relationship between you and Miura shall be governed by the laws of Delaware, United States. The failure by you or Miura to exercise or enforce any provision of the TSA shall not constitute a waiver of such right or provision. If any provision of the TSA is found by a court of competent jurisdiction to be invalid, the court should endeavour to give effect to the intentions reflected in the provision, and the other provisions of the TSA will remain in full force and effect. You agree that any claim or cause of action arising out of or related to the purchase of a Product must be filed within one year after such claim or cause of action arose, or be permanently barred. It is the express will of the parties that the TSA and all related documents have been drawn in English. C’est la volonte expresse des parties que la presente convention ainsi que les documents qui s’y rattachent soient rediges en anglais. Es la voluntad expresa de los partidos que los TSA y todos los documentos relacionados han sido exhaustos en ingles.
The information, text, artwork, photographs, animation, software, web site design and architecture, sounds and environments at this Web Site (the “Content”) are either the property of, or are used with the permission of their owners by, Miura Golf Inc., and are protected by copyright and other laws. You are granted only a limited license to access, display, download and print a copy of the Content solely for your personal, non-commercial use, provided that the Content is not modified and all proprietary notices are kept intact. You may not reproduce, modify, translate, sell, distribute, or create a derivative work of, or in any way commercially exploit, the Content without the prior written consent of Miura Golf Inc.
Copyright © 2003 Miura Golf Inc. All Rights Reserved.
MIURA, MIURAGOLF and the other trademarks, business names, and domain names (the “Marks”) displayed on this Web Site are the property of, or are used with permission of their owners by, Miura Golf Inc. Use of the Marks in any manner with any other web sites, business activities, organizations, products or services is prohibited without the prior written consent of Miura Golf Inc.