Warranty Information
Nick Scali provides the original purchaser of this product a guarantee against defects in workmanship and materials as well as guarantees that cannot be excluded under the Australian Consumer Law. The guarantee period will vary on product components and are listed below. It is important to note the warranty commences from the date of your original Tax Invoice.
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. Full details of your consumer rights may be found at www.consumerlaw.gov.au. If, during the warranty period, a defect caused by faulty workmanship or materials appears, Nick Scali or a designated third-party appointed by Nick Scali, may perform an in-home inspection to determine if a manufacturing fault exists.
Warranty Against Defects
Our warranties against defects and remedies under these warranties are in addition to other rights and remedies of the purchaser under the Australian Consumer Law. Should your product be defective, you may choose to make a claim under the Australian Consumer Law or the Nick Scali Warranty Against Defects.
Warranty Periods
Unless otherwise specified in writing by Nick Scali (e.g. in a Sales Order), Nick Scali Limited warrants that:
- the frame used in each Nick Scali lounge is guaranteed against failure due to a manufacturing defect for its lifetime;
- The electronic and motion components for all recliners and sofa beds (excluding batteries and transformers) are guaranteed against failure due to a manufacturing defect for a period of 2 years from date of delivery;
- All components of your product other than a and b above (including leather, fabric, lacquered and other timber finishes, chrome and metal, glass and marble, travertine and macstone) are guaranteed against failure due to a manufacturing defect for a period of 2 years from date of delivery;
- Unless otherwise specified in writing by Nick Scali (e.g.in a Sales Order) and subject to the other terms of this express warranty, Nick Scali warrants that any Lithium Ion Battery Pack and transformer supplied by Nick Scali to you (Battery Pack) will be free from manufacturing defects (Express Battery Warranty) for a period of 12 months from the date of delivery (Express Battery Warranty Period). To be entitled to claim under this Express Warranty, the defect in the Battery Pack must appear within the Express Battery Warranty Period;
- If a product is replaced during the Warranty Period, the guarantee period will not reset, and will continue to expire as per the date of delivery of the original item.
To be entitled to claim under the Nick Scali warranty against defects, the defect in the part or product must appear within the relevant time period set out in items a, b, c and d above.
Exclusions (subject to the Australian Consumer Law)
To the maximum extent permitted by law, and subject to the Australian Consumer Law, Nick Scali Limited is not liable, whether in contract, tort (including negligence), under any statute or otherwise, for or in respect of normal wear and/or the cost of transporting the Product to and/or from the specified place of repair or replacement. In this regard, please note that the following may occur as a result of natural and normal usage:
- leathers and fabrics will fade and crease;
- foam and fillings will soften and form the shape of the user over time;
- depending on the covering and the degree of use, the covering materials, cushion fillings and suspension may need to be replaced periodically at the purchaser’s expense;
- scars, marks and differing pore density and colour are natural characteristics of leather;
- the leather and fabric products are upholstered by hand and therefore, the size and weight of these products may have minor variations of up to 5% from the sample products or from any product specifications you have been quoted;
- damage caused by spills such as acid, solvents, dyes or other corrosive materials, ink, paint, or bodily fluids;
- damage caused by improper cleaning, negligence, treatment of the product with chemicals, exposing the product to the sun, extreme heat or bright light such as lamps, or otherwise caused by your acts and/or omissions.
- the failure of the purchaser to take reasonable steps to prevent the product from becoming of unacceptable quality and damage that occurs as a result of such abnormal use. This includes damage that occursas a result of the failure of the purchaser to care for the product in the manner described in your lounge booklet.
Please also refer to ‘Caring for Your Furniture’ below.
The warranty against defects is not transferable. It is limited to the original purchaser specified in the original Sales Order. The warranty against defects only applies to products that are used for normal domestic purposes and excludes products used for commercial purposes.
Exclusions from Express Battery Warranty (separate to the Australian Consumer Law)To the maximum extent permitted by law, Nick Scali Limited is not liable under this Express Battery Warranty for or in respect of:
- any defect that is unrelated to the condition of the Battery Pack at the time it was supplied to you, including damage or faults caused by: improper transportation, storage or installation of the Battery Pack after the date of purchase; modification, alteration, disassembly or attempted repair of the Battery Pack by a person other than, or authorised by, Nick Scali; external influences during the life of the Battery Pack, such as fire, water damage or power surges in a premises;
- the failure of the Battery Pack to operate on a single charge for any length of time before it requires recharging. Because of many variables, such as the nature and use of the recliner in which the Battery Pack is installed, Nick Scali is unable to guarantee that the Battery Pack will operate for any particular period before it requires recharging;
- minor issues in the Battery Pack which do not substantially interfere with the ordinary use of the Battery Pack for powering recliner movements. For example, if the Battery Pack is fitted with a LED indicator (which emits particular lights when it is operating or charging), the failure of the indicator to emit any lights does not amount to a manufacturing defect for the purposes of this Express Battery Warranty;
- any damage or faults caused by the failure to use the Battery Pack in accordance with the care instructions here, or the failure to take reasonable steps to prevent the problem, or abnormal use of the Battery Pack (including use beyond the 12 month lifetime period of the Battery Pack); and
- any loss or damage suffered by you or any other person in connection with the goods which are not expressly covered by this Express Battery Warranty including, but not limited to, indirect and consequential loss (subject to any other rights you may have at law).
This Express Battery Warranty is not transferable. It is limited to the original purchaser specified in the original Sales Order.
This Express Battery Warranty only applies to the Battery Pack if it is used for normal domestic purposes and excludes Battery Packs used for commercial purposes.
How to claim a warranty against defects
To claim under these warranties against defect, the Purchaser:
- must cease using the product immediately after the defect appears; and,
- notify Nick Scali within 7 days after the defect appears, and
- provide Nick Scali a copy of the original Sales Order or tax invoice
- To make a claim, you can lodge a service ticket on this website or telephone our service department of Nick Scali Ltd (Triniti 2, 39 Delhi Road, North Ryde NSW 2113) on 1300 880 370 and follow the prompts.
- Once a claim has been lodged with our service department, Nick Scali will assess your claim, and respond within 10 business days.
- The Purchaser must bear the expense of making the claim, and the cost of all freight, house calls, labours and other items. These will be charged to the Purchaser at standard Nick Scali rates.
Responsibility for returning Nick Scali Goods
You are responsible for returning the goods to Nick Scali at your expense in the circumstances which you have picked up the goods or agreed upon by you or a Nick Scali representative.
However, if the item is faulty and/or the cost to return, remove or transport the goods will be significant to you and you have paid any delivery/service expenses in full, then Nick Scali must arrange for the goods to be collected from you, within a reasonable time and at the expense of Nick Scali.
Remedies for warranty against defects
If a part or product is determined by Nick Scali to have a manufacturing defect, Nick Scali will, at the election of Nick Scali, choose whether to repair or replace that part or product.
Under the Nick Scali warranty against defects, the purchaser has the right to repair or replacement of the defective part or product only.
To the maximum extent permitted by law, unless expressly set out in these warranties against defect, and subject to any condition, warranty or right granted or implied under the Australian Consumer Law or any other law which cannot by law be excluded by agreement, Nick Scali Limited has no liability to the purchaser under the warranty against defects (other than repair or replacement of the defective part or product), whether in contract, in tort (including negligence), under any statute or otherwise, for any loss or damage of any kind suffered by you or any other person in connection with the goods including, but not limited to, indirect and consequential loss.
Right to Cancel this Sales Order
Nick Scali Limited mainly imports goods from overseas suppliers which, in rare cases, may not supply the goods you have ordered. If this or an ‘act of god’ or nature or other event outside our control prevents us from providing your goods, we may cancel your order and refund your deposit without any liability to you whatsoever.
If a Force Majeure Event occurs, Nick Scali Limited may be prevented, hindered or delayed in or from performing its obligations. If this is the case, Nick Scali will not be liable for non-performance of its obligations (other than an obligation to refund your deposit) to the extent that its performance is impacted by the Force Majeure Event.
Force Majeure Event means any circumstance or event which is beyond the reasonable control of a party, including any act of God, riot, war, civil unrest, flood, epidemic or pandemic, earthquake, fire, lightning, storm, or similar event.
General
- Title in any goods passes to you on receipt by us of payment in full and risk passes to you on delivery or collection of the goods from our Distribution Centre or stores.
- In the event of any conflict between these terms and those which may be included in, or implied by, any document forming part of a purchaser enquiry, specification, order or contract, then these terms shall prevail.
- Subject to our privacy policy, we will use any personal information provided by you to enable us to process your purchase and communicate with you about our products. Please advise us if you do not wish to be contacted by Nick Scali Limited in this way
- We will use reasonable endeavours to provide delivery of the goods in accordance with the dates booked. In no event will we be liable to you for any delay in the delivery of the goods and any such delay does not entitle you to terminate this agreement.
- This document shall be construed in accordance with and governed by the laws of NSW.
Nick Scali Products & Australian Consumer Law
Nick Scali goods come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement, 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 guarantees under the Australian Consumer Law are in addition to any warranty against defects you are given (please refer to the Nick Scali Warranty Against Defects page for more information). Should your product be defective, you may choose to make a claim under Australian Consumer Law or the Nick Scali Warranty Against Defects.
Summary of Australian Statutory consumer guarantees
The Australian Consumer Law applies the following consumer guarantees to all goods you purchase from Nick Scali:
- The goods will be of acceptable quality;
- The goods will be fit for a particular purpose;
- The goods will match their description;
- The goods will match the sample or demonstration model;
- Any express warranties provided by Nick Scali are satisfied;
- You have title to the goods;
- You have undisturbed possession of the goods;
- There are no undisclosed securities on the goods;
- Spare parts and repair facilities will be available for a reasonable time after purchase (unless you were advised otherwise at time of purchase).
Consumer Guarantee Remedies
If you have a "minor problem" with a Nick Scali product, Nick Scali can, at its cost, choose to repair the product instead of replacing it or refunding you.
If you have a "major problem" with a Nick Scali product, you have the right to choose whether to reject the goods (and either choose a refund or a replacement) or to ask for compensation for the drop in value below the price you paid.
Major Failure
For goods, there is a “major failure” to comply with a consumer guarantee when:
- you would not have purchased the product if you had known about the problem; or
- the product is significantly different from the description, sample or demonstration model you were shown; or
- the product is substantially unfit for its normal purpose and cannot easily be made fit within a reasonable time; or
- the product is unsafe.
If there is a “major failure” of a Nick Scali product, you can choose to:
- return the goods to us and ask for a refund; or
- return the goods to us and ask for a replacement; or
- keep the goods and ask us for compensation for the difference in value from either the supplier or the manufacturer.
Minor Failure
A "minor failure" is something that is not a "major failure". It can be fixed in a reasonable period of time. If your Nick Scali product is subject to a "minor failure", Nick Scali can choose to:
- repair the Nick Scali product at no cost to you; or
- refund you.
if Nick Scali fails to give you a free repair within a reasonable time or cannot fix your problem, you can:
- get it done elsewhere and pass on the cost to Nick Scali; or
- ask for a replacement; or
- ask for a refund; or
- recover compensation from Nick Scali for the drop in value below the price you.
Exceptions to Guarantees
Consumer guarantees do not apply if you:
- received what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it;
- misused a product in any way that caused the problem; or
- knew of, or were made aware of, the faults before you bought the product.
For further information about the Australian Consumer Law and consumer guarantees, visit www.consumerlaw.gov.au
It is important that all your furniture, from lounges to dining chairs are cared for following the instruction provided in the lounge booklet provided to you at the point of sale. Failing to care for your furniture using this guide may result in undesirable damage and void any warranty as per the conditions above. You can download the booklet here.
