The following Conditions of Sale shall apply to any product sold on this website. These Conditions of Sale constitute a complete and exclusive statement of the agreement and understanding between you and Smart Foal with respect to the subject matter hereof.
The goods delivered under this Agreement shall be of normal industrial quality unless herein specifically stated to the contrary. Any description of such goods has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.
The products available on the website for sale under these Conditions of Sale are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to Smart Foal that you are able to make a legally binding contract.
Your order is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on the website at the time of offer and shall be understood to be placed under these Conditions of Sale.
Payments must be received before any order is accepted or processed.
At this time all payments shall be made through the online portal on the website.
These Conditions of Sale may change from time to time and you are required within reason to revisit these before placing your order to ensure that these Conditions of Sale have not changed.
Smart Foal reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website, the availability of the product, or an error in your order. Your contract with Smart Foal only comes into existence when Smart Foal receives your payment and forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery.
This contract shall be governed by and construed in accordance with the law in effect in the State of NSW and by entering into contract both parties are accepting the jurisdiction of the courts of the State of NSW in relation to any dispute between them.
You shall inspect the goods immediately upon their arrival and shall within seven (7) days give notice to Smart Foal if the goods are not in accordance with specified requirements. If you fail to give such notice, the goods shall be deemed to be in all respects in accordance with the specified requirements. No claim shall be recognised unless made in writing and received by Smart Foal within seven (7) days after receipt of goods by you. The total amount of any claim shall not exceed the actual invoice value of the goods claimed to be faulty.
The warranty period of each product is indicated on the individual product page and Smart Foal guarantees that the product will be free from faults and defects for the period indicated. Should you find a faulty product within the indicated warranty period please get in contact with Smart Foal to organise a replacement or repair.
Ownership and property in the goods supplied/delivered shall pass from Smart Foal to you when Smart Foal accepts your offer and assigns product in the Smart Foal office. Risk passes to you once your order has been posted.
Smart Foal shall not be responsible for non-delivery or delay in delivery of any goods caused by force majeure and you and Smart Foal shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. If your need for the goods is reduced or suspended as a result of force majeure, and notification is within reasonable time of acceptance of the Order and prior to transfer of ownership, you shall be entitled to terminate the agreement. For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal / political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.
You assume all risks and liabilities for consequences arising from the use of Smart Foal kits whether singly or in combination with other goods and indemnify Smart Foal in respect of any such use. Smart Foal is not liable for any infringement or non-compliance arising out of the use of such goods by you or your instructions, expressed or implied, and it is your responsibility of to ensure that the goods when used by you are not damaged and no liability will be accepted by Smart Foal for the consequences of the use of damaged goods by you.
You agree that your purchase of goods from Smart Foal is not for resale purposes.
You agree that Smart Foal goods and kits are for monitoring purposes only. Smart Foal goods and kits are not to be used in instances where lives may be in danger. You agree that when a life threatening circumstance arises you will engage a qualified veterinarian or assistant.
If Smart Foal is found responsible for any damages, Smart Foal is responsible for actual damages only and is limited, in all cases, to the total amount paid by you to Smart Foal. In no event shall Smart Foal, be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use Smart Foal goods or kits.
You are responsible for all import/customs duties/fees that may be applicable to your country of residence.
Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutory obligation of Smart Foal implied by the Goods Act, 1958.