TERMS & CONDITIONS
Please reference the below terms for how we offer the KegSwappa service. These terms are taken to be acknowledged and accepted by customers when they sign up or place an order using KegSwappa’s app or website.
All of our prices are in Australian dollars (AUD) and include GST (goods and services tax). Product prices are regularly updated when price changes are received from breweries and equipment suppliers.
We deliver products Australia wide using Australia Post for most of the smaller orders and larger orders may be shipped with Direct Freight, Toll, Star Track or other such couriers. Shipping costs are influenced by the size and weight of the product and your location. Exact shipping costs are calculated in the shopping cart and will be added to the order total before checkout. Orders are usually dispatched within 2 business days and shipping times are estimated at between 2-7 business days depending on your location within Australia.
All gear supplied by KegSwappa must be tested thoroughly before use and maintained correctly over time. KegSwappa is not responsible for lost beer, beverages, liquid, gas or other consumables or property damaged caused by leaks or faulty items. It is the job of the installer to thoroughly check hose joins, taps, seals, chillers and all other corresponding gear before leaving the system unattended or under pressure. All beer systems require maintenance and require periodic seal replacements etc. It is the user’s ongoing role to make sure all fittings and fixtures are working correctly and maintain a good seal.
If these checks have not been done properly and you are unsure whether everything is airtight, then please do not leave the equipment unattended or under pressure. If you return the product to us because you have incorrectly purchased or simply did not need the product you can send it back to KegSwappa for a refund, less shipping. Normal processing times for these are 2 business days from receipt during normal periods.
The terms of this include:
– The product must be returned in new, saleable condition and must not be used or abused;
– You must pay the cost of the postage back to us;
– You accept that the original cost of postage has been spend and is non-refundable as it is not recoverable;
– Returns cannot be accepted for consumables due to their inherent perishable nature. This applies to grain, hops, yeast and other ingredients that cannot be resold upon being returned.
If any of the above are not satisfied, KegSwappa reserves the right to not accept the return and return the items back to the customer or negotiate a partial refund.
Customers or persons responsible must be of legal age to purchase alcohol. Any alcohol purchased through KegSwappa becomes the responsibility of the customer, including the responsibility to abide by the applicable laws governing the sale and supply of alcohol to others, which includes but is not limited to: the response service of alcohol, serving to minors, ensuring that they have all relevant licenses and approvals for the sale/supply of alcohol at that particular location. If a customer breaches any of the terms or any other laws or regulations, they must indemnify KegSwappa for any damage, fines, penalties or costs incurred.
Liabilities & Indemnities
To the extent permitted by law the Customer agrees that KegSwappa is not liable under any Contract, law of tort (including negligence), statute, in equity or otherwise for any kind of indirect or consequential loss or damage of profits arising out of or incidental to any Contract.
To the extent permitted by the Competition and Consumer Act 2010 KegSwappa’s liability for breach of a condition or warranty whether expressed or implied, including any consequential loss which the Customer may sustain or incur, shall be limited to one of the following at the election of KegSwappa:
a) replacement of the Products or supply of equivalent Products;
b) payment of the cost of replacing the Products or acquiring equivalent Products; or
c) refund of the Purchase Price
The Customer will indemnify KegSwappa against and hold KegSwappa harmless from any and all claims, actions, proceedings, liabilities, expenses, losses, or damages including, without limitation, claims by way of subrogation by any insurer, for personal injury, death or property damage arising out of or in connection with the negligent acts or omissions of the Customer in the handling, use and/or sale of the Products or any of them.
KegSwappa will in no way be liable for costs or losses caused to the Customer including and indirect or consequential loss or damage or loss of profits arising from any failure to supply Products or alterations to the specifications of the Products howsoever caused between the time the Products were ordered and delivered.
Save for the express conditions and warranties herein contained or referred to, all other conditions and warranties (whether as to quality, fitness for purpose or any other matter) expressed or implied by statute, the common law, equity, trade custom or usage, international convention or otherwise howsoever are hereby expressly excluded provided that nothing in these Term and Conditions shall exclude or limit the liability of KegSwappa or the right and remedies of the Customer for any breach of term or condition implied by any law, the exclusion or limitation of which is not permitted by law.
Customers must maintain, at their own expense, all appropriate policies of insurance included any events liability, plublic insurance, workers compensation, health and safety, theft and damage.
The KegSwappa’s obligations are suspended and can be dropped when missing fulfilment is owing to conditions beyond their control.