WARRANTY

AUSTRALIA

King Warranty Terms (Australia)

v.20231031

1                INTRODUCTION

1.1           King warrants all King branded products and selected components of those products, as specified in this warranty, against failure due to a manufacturing defect for the period referred to in the below table (Warranty Period), subject to these terms (Warranty). Pending any initial assessments, if a service call is required, this is included in regard to repairs within the first two (2) years from delivery and charged accordingly thereafter. Conditions apply for regional customers. 

1.2           King reserves the right to change the terms of the Warranty at any time however if we do make a change, we will continue to honour the terms of the Warranty which was in effect at the time when you purchased a Product which is covered by this Warranty.

1.3           Please note that each Warranty is specific to a product or a component of a product. Please note the exclusions to this Warranty that are listed in this document and the specific exclusions for each specific product and component warranty listed in the below table.

2                Three (3) YEAR EXTENDED WARRANTY TERMS AND CONDITIONS

2.1           The 2-year electronics and motion component warranty in item 13 of the above table can be extended for eligible customers for an additional 3 years (thereby totalling 5 years) (3 Year Extended Warranty). This 3 Year Extended Warranty comes at an additional charge per module, payable to King at the time of purchase of a King product. In addition to all other terms and conditions of this Warranty, the 3 Year Extended Warranty is subject to the following conditions:

(a)            the Customer’s delivery address is in the metro area of cities with a King Showroom (Eligible Customer Address); and

(b)            that the product and its components remain at the Eligible Customer Address for the duration of the 2-year warranty period and the subsequent 3 Year Extended Warranty period.

2.2           Please check with King staff to confirm that your address is an Eligible Customer Address for the Extended Warranty.

3                WHAT IS NOT COVERED BY THE WARRANTY?

3.1           This Warranty does not apply:

(a)            To any exclusions specifically listed for the relevant product or component in the above table; and

(b)            Where the product has been delivered to a locality outside of Australia whether by King, another third party or the original purchaser;

(c)            If, at any stage during the use of the product by the original purchaser, the purchaser transports the product to a locality outside of Australia;

(d)            Where the product or components of the product:

(i)              have not been purchased directly from King; and

(ii)             have had any product tags removed, altered or defaced; or

(iii)           have been modified or changed without approval from King;

(e)            To fabrics supplied by you or outside suppliers. Please note that fabrics and leathers supplied by an outside supplier may be covered by the supplier’s own warranties;

(f)              To normal wear and tear associated with the products and components. Fabrics, leathers, suspension components, cushioning and fillings will show signs of wear and tear with use. Fabrics and leathers will fade and crease. Foam and fillings will soften and form to 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 and are not to be considered defects. King reserves the right to determine at its discretion whether a component has failed due to a defect or wear and tear. Any item requiring replacement due to wear and tear will be at your own expense;

(g)            To colour variations caused by exposure to the local environment for products including but not limited to fabrics, leathers, timber veneer and solid timber;

(h)            To damage caused by use of parts and consumables that are not the genuine manufacturer’s parts and consumables. Please note that for any item that is not actually manufactured by King, we will only provide that repair or replacement service to the extent that we can obtain the manufacturer’s approval to do so on their behalf, otherwise we will not offer that repair or replacement warranty for such item;

(i)              To freight, call-out fees, labour and other items associated with making a claim under this Warranty where the claim is an invalid warranty claim. If the claim is a valid warranty claim, then King will only be liable for the costs that it has pre-approved in writing, where pre-approval must be obtained by you prior to you incurring those costs. All costs for which pre-approval in writing is not obtained by you in accordance with this paragraph are excluded from this Warranty and they will be charged to you at standard King rates; and

(j)              To products or components that become defective as a consequence of misuse, lack of proper care and maintenance, commercial use or handling in transit. You must use and maintain the products and components in accordance with the care instructions for the relevant product and component as provided on King’s website and any other information made available you by King. If a component of a product becomes defective, you must not attempt to repair it yourself. Doing so may cause damage which is not covered by this Warranty.

3.2           This Warranty only applies to the original purchaser of the products where the products are delivered to an Australian delivery address and remain in Australia for the life of the product. You cannot assign or transfer any benefit conferred by this Warranty. All subsequent purchasers acquire the products ‘as is’ and without the protection of the Warranty.

4                HOW DO YOU LODGE A WARRANTY CLAIM?

4.1           King Customer Service must be notified of any defect within 14 days of the defect occurring by either the telephone number 1300-13-KING (5464) or by email to service@kingliving.com.au. You must provide the following information upon notification of the defect:

·       Your name; and

·       Order delivery address; and

·       Your phone number; and

·       King Living product details; and

·       Details of the defect claimed

4.2           Once notification of a defect is received by King, a representative of King Customer Service will help determine whether your warranty claim is valid, and if it is, will inform you how King will honour it. You may be required to provide King with:

·       Photographic evidence of the defect;

·       A written explanation of the defect;

·       Details of the defect over the phone with King Customer Service.

4.3           During the process, King Customer Service may, before providing the warranty service, require that you respond to questions designed to assist with diagnosing potential faults and follow their procedures for obtaining the Warranty. You must respond to all requests promptly. King reserves the right in its absolute discretion to determine whether a part has failed due to a defect or wear and tear.

5                HOW WILL A VALID WARRANTY CLAIM BE HONOURED?

5.1           All warranty claims determined by King Customer Service to be valid will be honoured. The replacement item becomes your property and the replaced item becomes King’s property.

5.2           To honour a warranty claim relating to a product, King will, at its option:

(a)            Replace the product or supply equivalent product. (When a product or component is replaced, any replacement item becomes your property and the replaced item becomes King’s property); or

(b)            Repair the product; or

(c)            Pay the cost of replacing the product by acquiring an equivalent product. (When a refund is provided, the returned product becomes King’s property and must be returned to King); or

(d)            Pay the cost of having the product repaired.

5.3           To honour a warranty claim under a Warranty that relates to a recliner electronics and motion component, King will, at its option:

(a)            Replace the recliner electronics or motion component or supply equivalent recliner electronics or motion component. (When a component is replaced, any replacement item becomes your property and the replaced item becomes King’s property); or

(b)            Repair the recliner electronics or motion component; or

(c)            Pay the cost of replacing the recliner electronics or motion component or acquiring an equivalent recliner electronics or motion component. (When a refund is provided, the returned recliner electronics and/or motion component becomes King’s property and must be returned to King); or

(d)            Pay the cost of having the recliner electronics or motion component repaired.

5.4           Components replaced under this Warranty may vary in colour and texture to the original and such variations are not considered a defect.

5.5           Any repair or replacement under this Warranty is limited to the defective component only.

6                DISCLAIMER

6.1           To the extent permitted by law, all other warranties implied or otherwise not set out in this Warranty are excluded. King will be under no liability in contract, tort (including without limitation, negligence), or breach of statutory duty to otherwise compensate the party eligible to make a warranty claim for:

(a)            any expenses incurred by the claimant or a third party;

(b)            any loss of profit, revenue, business, contracts or anticipated savings;

(c)            any loss or expense resulting from a claim by a third party;

(d)            any special, indirect or consequential losses or damages caused by King’s failure to complete or delay in completing any of its obligations in this Warranty.

7                LIMITATIONS ON DISCLAIMER

7.1           If the supply of the products to you is a consumer sale pursuant to the Australian Consumer Law, the following statement applies. In the following statement, ‘our’ means King Living and ‘you’ means the purchaser:

Our goods 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 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.

7.2           The benefits given by this Warranty are additional to other rights and remedies that you may have in relation to our products. Any paragraph of this Warranty which is unenforceable or void is to be severed and the rest of this Warranty will remain in force.

8                CONTACT

8.1           If you have any questions or comments in relation to this Warranty, please contact:

King Customer Service

1300-13-KING (5464)

service@kingliving.com.au

http://www.kingliving.com.au

123 Turrella St

Turrella NSW 2205 Australia

Sleep+ 30 Day Mattress Warranty

1                INTRODUCTION

1.1           This Sleep+ 30 Day Mattress Warranty (30 Day Mattress Warranty) is provided in addition to the warranty for products and components in item 14 ‘Sleep+ products (excluding Fit Cover)’ and item 15 ‘Fit Cover’ as set out in King’s express warranty as amended by King from time to time (King Warranty). The 30 Day Mattress Warranty is provided to each eligible customer who purchases a Sleep+ mattress from King Living. This 30 Day Mattress Warranty is subject to all of the conditions expressed below.

1.2           If, within 30 days after the delivery date of the Sleep+ mattress (Mattress), the customer is not satisfied with the Mattress for any reasonable reason, King will (subject to the other terms of this 30 Day Warranty), collect the Mattress from the customer’s address and provide the customer with a full refund of the purchase price paid by the customer for the Mattress. All of the following criteria must be satisfied:

(a)            the customer has slept on the mattress for at least 14 nights;

(b)            after the customer has slept on the mattress for at least 14 nights in succession, the customer notifies King in writing that it is not satisfied with the mattress, and the reason for the customer’s dissatisfaction;

(c)            the reason for the customer’s dissatisfaction is not any of the following:

(i)              the Customer has purchased the incorrect size of Mattress;

(ii)             the Customer wishes to change the size of the Mattress;

(iii)           the Customer is dissatisfied with the Mattress for aesthetic reasons such as colour or appearance; and/or

(iv)           the Customer wishes to exchange the Mattress for another Mattress of a different size, price or quality;

(d)            after notifying King of its dissatisfaction, the customer makes any and all modifications or adjustments to the Mattress that are suggested by King;

(e)            the customer has not previously purchased and claimed on the 30 Day Mattress Warranty in relation to any other Mattress at any time;

(f)              the customer has paid to King the full purchase price for the Mattress;

(g)            the customer has only used the Mattress in their home, and the Mattress has not been used at any time for commercial purposes (such as hotel, motel, hostel or other paid accommodation services including Airbnb); and

(h)            the Mattress is not damaged or stained.

1.3           You must use and maintain the Mattress in accordance with the care instructions for the relevant Mattress as provided on King’s website and any other information made available you by King. If a component of a Mattress becomes defective, you must not attempt to repair it yourself. Doing so may cause damage which is not covered by this 30 Day Warranty.

1.4           When King has determined that all of the criteria in subparagraph 1.2 have been satisfied:

(a)            if the customer’s nominated address is within a metropolitan area where a King showroom is located (Metro Area), King will make arrangements with the customer to collect the customer’s Mattress from the nominated address at King’s cost (generally, on the next available delivery timeslot for collection of the item); and

(b)            if the customer’s nominated address is outside of a Metro Area, the customer must make arrangements with King to return the Mattress to a King warehouse nominated by King at the customer’s cost.

1.5           King will refund the purchase price of the Sleep+ mattress to the customer within 10 business days after the Sleep+ mattress is received at King’s nearest warehouse or at the warehouse of one of King’s charity partners. The purchase price will be refunded to the credit card, debit card or bank account, depending on how the customer made the initial purchase of the Mattress.

1.6           If King or its charity partner determines (after examination) that the Mattress is damaged or has been used in such a way that the customer’s warranty claim does not satisfy the conditions of this 30 Day Mattress Warranty (an Invalid Warranty Claim) then:

(a)            the purchase price of the Mattress will not be refunded; and

(b)            King will return the Mattress to the customer’s address at the customer’s cost; or

(c)            the customer must collect the Mattress within 7 days from either King’s or its charity partner’s warehouse, (wherever the Mattress is being stored) and if the Mattress is not collected by the customer within 7 days, King has the right to dispose of the Mattress without refunding the purchase price or any further notice to the customer; and

(d)            costs incurred by the customer for freight, call-out fees, labour and other items associated with making a claim under this 30 Day Warranty will not be refunded. Those costs (if incurred by King) will be charged to you at King’s standard rates.

1.7           If a valid warranty claim is approved by King (and a refund is paid to the customer), King will also reimburse any ancillary costs that King has pre-approved in writing, (prior to the customer incurring those costs). Ancillary costs which have not been pre-approved in writing by King are excluded from this 30 Day Mattress Warranty.

2                WHAT IS NOT COVERED BY THE 30 DAY MATTRESS WARRANTY?

2.1           This 30 Day Warranty only applies to the original purchaser of the Mattress where the Mattress is delivered to an Australian delivery address and remains in Australia for the full 30 day warranty period. You cannot assign or transfer any benefit conferred by this 30 Day Warranty. A subsequent purchaser acquires the Mattress without the protection of the 30 Day Warranty.

2.2           This 30 Day Mattress Warranty does not apply:

(a)            to any exclusions specifically listed in this 30 Day Mattress Warranty;

(b)            if the Mattress has been delivered to a locality outside of Australia whether by King, another third party or the original purchaser;

(c)            if the Mattress has not been purchased directly from King;

(d)            if the Mattress has been modified or changed without approval from King;

(e)            if the Mattress has had any product tags removed, altered or defaced; or

(f)              if components of the Mattress have:

(i)              not been purchased directly from King; or

(ii)             been modified or changed without approval from King; or

(iii)           had any product tags removed, altered or defaced; or

3                HOW DO YOU LODGE A 30 DAY MATTRESS WARRANTY CLAIM?

3.1           In order to make a 30 Day Mattress Warranty Claim, you, the customer, must notify King  Customer Service within 30 days after the delivery of the Mattress to the customer by either the telephone number 1300-13-KING (5464) or by email to service@kingliving.com.au.

When making your claim under the 30 Day Mattress Warranty you must supply:

·       your name;

·       order delivery address;

·       your phone number;

·       King product details;

·       date of purchase;

·       reason for claiming under this 30 Day Mattress Warranty.

3.2           Once notification is received by King, a representative of King Customer Service will help determine whether your warranty claim is valid, and if it is, will inform you how King will honour it.

3.3           During the process, King Customer Service may, before providing the warranty service, require that you respond to reasonable questions which are for the purpose of determining your eligibility under the 30 Day Mattress Warranty. You must respond to all requests promptly.

3.4           King reserves the right in its absolute discretion to determine whether you are eligible for a claim under the 30 Day Mattress Warranty.

4                DISCLAIMER

4.1           To the extent permitted by law, all other warranties implied or otherwise not set out in this 30 Day Mattress Warranty are excluded and King will be under no liability in contract, tort (including without limitation, negligence, or breach of statutory duty) to otherwise compensate the party eligible to make a warranty claim for:

(a)            any expenses incurred by the claimant or a third party;

(b)            any loss of profit, revenue, business, contracts or anticipated savings;

(c)            any loss or expense resulting from a claim by a third party;

(d)            any special, indirect or consequential losses or damages caused by King’s failure to complete or delay in completing any of its obligations in this 30 Day Warranty.

5                LIMITATIONS ON DISCLAIMER

5.1           If the supply of the Mattress to you is a consumer sale pursuant to the Australian Consumer Law, the following statement applies. In the following statement, ‘our’ means King and ‘you’ means the purchaser of a Mattress:

Our goods 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 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.

5.2           The benefits given by this 30 Day Mattress Warranty are additional to other rights and remedies that you may have in relation to our products. Any clause of this 30 Day Mattress Warranty which is unenforceable or void is to be severed and the rest of this 30 Day Mattress Warranty will remain in force.

6                CONTACT   

6.1           If you have any questions or comments in relation to this 30 Day Mattress Warranty, please contact:

King Customer Service

1300-13-KING (5464)

service@kingliving.com.au

http://www.kingliving.com.au

123 Turrella St

Turrella NSW 2205 Australia