Terms and Conditions

TERMS AND CONDITIONS OF SALE OF ECOTRAP

    IMPORTANT - THE USER IS WARNED THAT: THE ECOTRAP DEVICE MAY CAUSE HARM TO USERS THEMSELVES, DOMESTIC AND NATIVE ANIMALS AND LIVESTOCK.
    The use of the ECOTRAP device is deemed to be the user's consent to the following terms and conditions of sale and use:
  1. The user is responsible for strict adherence to the assembly and set up instructions.
  2.  
  3. The user understands that care and caution must be exercised when dealing with feral animals, domestic animals or livestock which may be trapped by the ECOTRAP device and acknowledges and understands the need for care in the removal and/or disposal of trapped animals including the release of native animals which may accidentally be caught by the ECOTRAP device.
  4.  
  5. Accordingly, the vendor disclaims all responsibility for loss and damage arising (including any consequential loss or damage) which may be incurred by the user or another party as a result of the use of the ECOTRAP device. The Vendor's disclaimer of responsibility includes but is not limited to personal injury to the user or to any other person, injury or death of livestock (including any consequential claim for economic loss), injury to domestic or native animals, or injury to a user or any other person as a consequence of disengaging a trapped animal from the ECOTRAP device.

  6. By the use of the ECOTRAP device, the user indemnifies and holds harmless the Vendor in respect of any and all claims which may be made against the user, the Vendor or others as a consequence of any incident which gives rise to a claim for civil liability whether made by the user or another person.

  7. The Vendor makes no warranty whether express or implied in relation to any of the matters set out in the assembly or operating instructions supplied in respect of the ECOTRAP device and to the extent allowed by local laws, any implied warranty or condition of merchantability, satisfactory quality or fitness for a particular purpose, is expressly negatived.

  8. In no circumstances will the Vendor, its suppliers, or others connected herewith, be liable for loss and damage, or for direct, special, incidental, consequential or other damage, whether based in contract, tort or otherwise arising from the use of the ECOTRAP device.

  9. In these terms and conditions of sale and use, the expression "Vendor" means Ecotrap Pty Ltd ACN 099 042 403 of 10 Rheanva Street, Berwick in the State of Victoria and the expression "user" means the purchaser and any person who intends to and uses the ECOTRAP device for the purpose for which it is designed (whether in accordance with the assembly and operational instructions supplied or otherwise) and shall include any person who misuses the device or uses the device for a purpose other than for which it was designed and intended to be used.