1280 Kiln Firing Terms and Conditions
These terms and conditions are between we, us or our (1280 Pty Ltd (ABN 52 645 792 409)) and you, the person accepting these terms and conditions.
You have requested the kiln firing services described out on our Site (Services), and accept these Terms by ticking a box online indicating your acceptance of these Terms. You agree that all information you provide to us is accurate, up-to-date and complete.
In order to use our Services, you must purchase credits from us (Credits). The Price and packages of Credits are set out on the Site. All amounts are stated in Australian dollars and are inclusive of GST (unless otherwise stated).
Credits are non-transferable and non-refundable and will expire 30 days from purchase.
We will provide the Services to you in accordance with these Terms and in consideration for your payment of the Price, using our employees, contractors and third party providers.
You can use your Credits to request that we fire your works. You must drop off your works (which must in compliance with these Terms) at the Studio for firing.
You must place your works in the correct location depending on the type of firing required. If you are in any doubt, please see a member of staff.
Once your work is ready for pick up, we will notify you by email or text message. You must pick up your work within 30 days of our notification and if you do not, we reserve the right to dispose of your works.
Drop off and pick up of your works must be made during Studio business opening hours.
Preparation for kiln firing
We only fire commercially available clay (so no self-made or found clay).
BRT requires cookies underneath
Hollow work must be pierced to allow steam to escape
Your statutory rights
Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the Services which cannot be excluded, restricted or modified (Statutory Rights). Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
You agree that our Liability for the Services is governed solely by the ACL and these Terms.
Subject to your Statutory Rights, we exclude all express and implied warranties, representations and guarantees of any kind (whether under statute, law, equity or on any other basis) and all materials, work, goods and services (including the Services) are provided to you without warranties, representations and guarantees of any kind.
Liability, indemnity and exclusions
Exclusions: Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by (whether directly or indirectly): (1) your acts or omissions; (2) your breach of these Terms, any law or third party rights; (3) any information, documentation, instructions, specifications or directions given by you; (4) any event or circumstance beyond our reasonable control; (5) any services, goods, work or materials that has not been provided by us; or (6) any damage to your works due to damage that occurs during the kiln firing (you recognize that firing of ceramics is often an unpredictable process).
Indemnity: Despite anything to the contrary, to the maximum extent permitted by law, you are liable for, and agree to make good, indemnify us
and hold us harmless in respect of, any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with: (1)
you placing your work in the correct corresponding shelf in the Studio dependent on the type of clay used in your works; or (2) any damage to kiln shelves which you cause (damage will be charged at a repair fee of $15 or if the shelf is unusable due to damage from your work, you will be responsible for the replacement fee for the shelf).
Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law: (1) we will not be liable for any Consequential Loss; and (2) our maximum aggregate Liability in relation to the provision of the Services or these Terms will be limited to us resupplying the Services to you or, in our sole discretion, to us repaying you the amount of the Price paid by you to us in respect of the provision of the relevant Services to which the Liability relates.
Disputes: Neither you, or us, may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) without first meeting with the other party to seek (in good faith) to resolve the Dispute.
Governing law: These Terms are governed by the laws of Victoria. You, and we, irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.
In these Terms, unless the context otherwise requires, the following words mean:
Consequential Loss includes any consequential, special or indirect loss, damage or expense including any real or anticipated loss of revenue, loss of profit, loss of use, loss of occupation, loss of benefit, loss of financial opportunity, or economic loss whether arising out of a breach of these Terms, at law, under any statute, in equity, or in tort (including negligence).
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party, a party to these Terms or otherwise.
Price means the price as set out on our Site for the provision of the Services.
Site means our website located at: [insert]
Studio means the premises, where the Services are to be provided, as set out on the Site.
Terms means these terms and conditions.