We have provided information on this website about delivery of the Fusion product you order using our preferred freight option. The delivery times given are indicative only and we cannot guarantee that any product you order will arrive within the time frame indicated. We will not be liable for any failure to observe those delivery times. Alternatively, you may arrange your own freight. You must ensure that you give us full and clear instructions on any delivery you arrange and you must comply with our instructions in relation to that delivery. We do not have to accept any delivery option which is inconvenient or causes any risk to us, our employees, agents or contractors. You acknowledge and agree that you may not withdraw or modify for any reason any commitment made to purchase goods once that commitment has been made.


Returns Policy


As you will understand, we manufacture the Fusion product to fill your order. Accordingly, we reserve the right not to accept the return of any Fusion product. However, if the Fusion product is faulty and you wish to return it, you must notify us within seven days and we will arrange to inspect the product (within Australia only) to see whether or not we can accept return of it. If we have caused the fault, then we will pay for any freight charges incurred in taking back the product and sending a replacement product to you. If there are any faults in relation to an order of Fusion laminate, then they will be inspected in accordance with ISO 4586-2: 1997.

If you are outside Australia, please email us or call us on + 61 3 9581 3930 so we can make suitable arrangements to inspect the product and arrange a return if that is appropriate.

Please note that we cannot guarantee that we will accept a return of any Fusion product so you should always assume that once you order a Fusion product it will not be returnable.

You will be bound by the terms of our the returns policy and our liability is limited as expressed in that policy and these Terms and Conditions.

Our Intellectual Property Rights

Unless otherwise indicated, copyright in this website and the information contained on it including any images, drawings and designs is owned by us. All of our rights are reserved.

It is illegal to copy, reproduce, sell or transmit by any means or otherwise exploit this website or anything (including any image, written information, drawing or design) contained on it for any commercial purpose unless we expressly authorise you to do so in writing.

Ownership or copyright in any image, drawing or design owned by us will not pass to you at any stage.
 
Your Intellectual Property Rights
Specifically in relation to Fusion Customart.

If you submit any image, drawing or design for reproduction by the Fusion Customart method, you expressly warrant and represent to us that you own all legal and moral rights to it. You expressly authorise and licence us to reproduce that image, drawing or design for the purpose of complying with your order for the Fusion product.

When you submit any design to have reproduced by the Fusion Customart method, please send us the details of your design in line with the process outlined in the "Fusion Customart " process and order section in the Fusion surfaces website (www.fusionsurfaces.com).

Once we get your design specifications, we will produce a "sample" of your design for you to check and confirm that you are happy with it. There will be a small charge for this. Depending on the design, we may need to charge you an additional fee for any additional file manipulation that is required to make a file suitable for outputting via the Customart process. We will get your agreement to that charge before we commence work on the sample where a non-standard charge applies.

 
Colour reproduction

Although the pictures of the Fusion designs set out on our website are as accurate as we can make them, different computers offer different quality and standards of image and reproduction. As a result, we do not guarantee that the image which is produced on your computer will match the Fusion product exactly and we will not be liable to you for any apparent differences when the Fusion product has been manufactured in accordance with its specifications. However, we are able to provide you with standard colour details on each of our designs as well as samples at a small charge if you request it so you can see what the final Fusion product will look like. Although you don’t always have to have a sample of the design before we fulfil your order, we strongly recommend that you do order a sample.

 
Information You Provide to Us

Any information you provide about yourself through using this website must be accurate, complete and current. You must advise us if any of that information changes by amending that information on this website.

By providing us with any information, you represent and warrant that the information is true and correct and not misleading.

You must not transmit or attempt to transmit to this website, any material which contains a virus, a malicious computer code or any other harmful component or otherwise act in any manner which will disrupt the proper operation, availability or functionality of this website. You must also not attempt to alter any of the content on this website.

We may provide any information provided by you to a law enforcement agency in any jurisdiction that is investigating any breach or suspected breach of any law if that law enforcement agency requests that information. You irrevocably consent to such disclosure being made.

 
Termination

If you breach any of these Terms and Conditions, we may terminate your right to purchase products from this website without notice. We also may prosecute you to the fullest extent of the law.

All restrictions, licenses and indemnities granted by you and all disclaimers and limitations of liability given by us will survive termination.

 
Virus Warning

We do not represent that any information (including any file) obtained from or through this website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. We will not be liable to you or to any other person for any loss or damage of any nature, however caused, which may result directly or indirectly from any such information or access to it. To the fullest extent permitted by law, our liability will be limited to the cost of re-supplying that information obtained or from the website.

 

Linked websites

If this website contains any third party advertisements or links to other websites operated by third parties, such advertisement or link does not mean that we endorse or recommend those third parties or their products or services. That third party is solely responsible for any representations made by it and any goods or services offered by it and we are in no way liable for them. We may receive payment for any third party advertiser advertising on this website.

 
Release and indemnity

You waive and release any and all claims that you now have or may have against us, our related bodies corporate, directors, employees, agents and representatives (jointly and severally "Us") which arise out of or relate to any transaction undertaken by you through or as a result of your use of this website.

You will indemnify us from and against any and all claims, losses, damages, taxes, liabilities and/or expenses (including any legal costs, fees and expenses incurred in defending or settling any claims by any person including you) that may be incurred by arising out of or in connection with:

• the performance of our obligations under these Terms and Conditions or in relation to any order you may place;




• your use of this website;




• your breach of any of these Terms and Conditions; or




• your breach of any other party’s intellectual property or rights.

This indemnity applies even if we insist on defending and (if we consider it appropriate) settling any claim against Us without reference to you.

 
Limitation of liability

We will not be liable in any way for any damages of any nature, resulting from:

• your use or your inability to use this website;




• you having to purchase goods in substitution of any Fusion product purchased on this website;




• any messages received or transactions entered into through this website; or




• unauthorised access to or alteration of your transmissions or data or of any information contained on or provided by you to this website.

This limitation on liability applies even if we are advised of the possibility of such damages.

Any term, condition or warranty which cannot legally be excluded or modified will be included in these Terms and Conditions only to the extent necessary to comply with that law. To the fullest extent permitted by law, our liability for any breach of such term, condition or warranty shall be limited, at our option, to any one or more of the following:

a) If the breach relates to goods:

i  The replacement of the goods or supply of equivalent goods;

ii The repair of such goods; iii The payment of the cost of replacing the goods or of acquiring equivalent goods; or

iv The payment of the cost of having the goods repaired; and

b) If the breach relates to services:

i  The supplying of the services again; or

ii The payment of the cost of having the services supplied again.

 
We will not be taken to have waived any of our rights unless we advise you in writing of such waiver.

 
Disclaimer

We, our related bodies corporate, our directors, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on this website (including in relation to any products or services) and do not accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained on this website. To the fullest extent permitted by law, we disclaim all representations and warranties, express or implied in relation to the Fusion product, our provision of the Fusion product or this website. We do not warrant that this website or the Fusion product will meet your specific requirements, or that the website (and your use of it) will be uninterrupted, timely, secure or error fee.

 
Applicable law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Victoria, Australia.

Information on this website relating to products and services has been prepared in accordance with Australian law for the supply of goods and services in Australia only. If this information or activities carried on under or as a result of this website do not satisfy the laws of the country in which you reside or from which you are accessing this website, then it is not directed at you, it cannot be relied upon by you and you must cease your use of this website and must not order any goods or services from this website.

 
Interpretation

If a provision of this agreement or its application is or becomes invalid, illegal or unenforceable then the provision must, as far as possible, be interpreted as narrowly as possible to ensure that it is not illegal, invalid or unenforceable. If any provision or part of it cannot be so interpreted, then the provision or the relevant part is taken to be void and severable. The remaining provisions of this agreement are not affected or impaired in any way.

 
Questions?
If you have any questions in relation to the terms and conditions set out in this legal statement then e mail them to us at customerservice@fusionsurfaces.com and we will respond to you at the earliest opportunity.