Accidental Damage Warranty Terms & Conditions

1. At Nick Scali, we are confident in the quality of our leather and fabric upholstered furniture. If you take good care of your furniture, including its upholstery, and use the products we provide, it should last for a long time, and resist stains and damage.
2. We provide you with this Nick Scali Accidental Damage Warranty on the conditions specified below including the Fair Go Policy and other costs as explained below.
3. This Warranty may only be purchased at the same time you purchase your new Nick Scali fabric or leather upholstered furniture. This warranty will only apply if it is purchased with your new furniture. The warranty is only applicable to the original purchaser and is not transferable.
4. This Warranty is provided in addition to:
   1. our warranties against defects under the Nick Scali Warranty Against Defects; and
   2. other rights and remedies available to you under the Australian Consumer Law.

   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.

   To view the Nick Scali Warranty Against Defects and a more detailed outline of your rights and remedies under the Australian Consumer Law, please visit Nick Scali Warranty Information.

   Details of your consumer rights may be found at www.consumerlaw.gov.au.

What this warranty covers

Note: If you purchased your Nick Scali Accidental Damage Warranty prior to November 1, 2019, please Click Here to receive the earlier version of these warranty terms which apply to you.

5. When you purchase a Nick Scali Accidental Damage Warranty, you will be provided with our Nick Scali Care Kit containing the following products:

   For leather upholstered furniture (Leather Upholstery Care Kit or Premium Leather Upholstery Care Kit):

   1. leather cleaner;
   2. leather protector (note: this must be applied immediately upon delivery of your lounge); and
   3. microfiber cloth.

   For Fabric upholstered furniture (Fabric Upholstery Care Kit):

   4. fabric cleaning fluid;
   5. strong stain removal fluid; and
   6. microfiber cloth.
6. If during Ordinary Household Use:
   1. your Nick Scali furniture upholstery is stained accidentally by:
      1. human bodily fluids;
      2. ballpoint pen;
      3. crayon or marker;
      4. food and drink; or
      5. lipstick,

   and the stain cannot be removed by using the products in the Nick Scali Care Kit; or

   2. your Nick Scali furniture upholstery suffers accidental damage in the form of rips, tears, cuts or cigarette burns,

   then we will either (as we decide) repair or replace your fabric or leather upholstered furniture without charge for the repair or replacement, for one claim, up to the value of your original purchase, over a 5-year period.

7. Ordinary Household Use means use of the furniture inside your home for its intended purpose.

Note: See ‘How to make a claim’ below for more details and limits about making a claim and please refer to the exclusions from this warranty which are also explained in this document.

What this warranty does not cover

8. This warranty only covers stains and damage (of the kinds specifically described above) which occur during Ordinary Household Use. It does not cover other kinds of stains such as paint stains, dye transfer from clothes or hair, or stains caused by creams or ointments. Damage caused by pets is not covered. So for example, damage caused by pet vomit, pet body fluids, scratching and chewing is not covered.
9. This warranty does not cover any odours, such as odours caused by human and or pet bodily fluids.
10. Stains or damage occurring during Ordinary Household Use do not include stains or damage that:
    1. are intentional;
    2. are caused by you or your removalists while moving house;
    3. are caused during renovations;
    4. are caused as a result of you not following the Cleaning and Care Guidelines outlined below;
    5. are in the nature of fair wear and tear accumulated over time; or
    6. arise from any use of the furniture for a purpose or in a way that it was not designed to be used.
11. This warranty does not cover other forms of damage that are unrelated to the quality of our furniture and beyond our control such as house fire damage, flood damage, pest damage, acts of God and natural disasters.
12. This warranty does not apply to any stains or damage caused as a result of your incorrect use of or failure to use the Nick Scali Care Kit provided under this warranty as directed under the product guidelines displayed on the products and included with the kit.
13. This warranty only applies to the leather or fabric upholstery of your furniture. It does not cover structural damage to your furniture including damage to zips, buttons, trims, frames, foams or mechanisms included in your furniture.
14. This warranty will not apply if one of our authorised repairers reasonably determines that the stain or damage is not of a kind covered by this warranty or, despite reasonable investigation, its nature or cause cannot be identified as covered.
15. This warranty is valid for one claim. You can only make one claim for damage covered by this warranty which appears during the 5-year period from the date of delivery, up to the value of your original purchase. Once you make a claim under this warranty, and we accept and process your claim, this warranty will expire.

How to make a claim

16. If you would like to make a claim under this warranty, you:
    1. must notify Nick Scali within 5 days after the stain or damage appears. Leaving stained and damaged furniture without attention can aggravate the problem, so if you notify us outside the 5 days, we may decline the benefit of this warranty if the problem has been aggravated as a result; and
    2. provide Nick Scali a copy of the original Sales Order or tax invoice including proof of purchase of this warranty.
17. To make a claim you can lodge a service ticket on our website at Raise Service Ticket or telephone our service department of Nick Scali Ltd (3 Burilda Close, Wetherill Park NSW 2164) on 1300 395 778 and follow the prompts.
18. Once a claim has been lodged with our service department, Nick Scali will assess your claim, and respond within 14 days.
19. Your expenses of making a claim under this warranty are to be borne by you.
20. Delivery costs in respect of services provided under this warranty will only be provided to you at no cost if you live within 100km of your nearest authorised repairer. If you live outside of this 100km radius, you will need to organise and pay all costs in relation to the delivery of your furniture to and from your nearest authorised repairer for any services performed under this warranty, including any delivery costs for replacement furniture.
21. In order to make a claim under this warranty, you must be able to show that you have followed the Cleaning and Care Guidelines outlined below.

Fair Go Policy

22. Our fair go policy requires you to act reasonably, and in good faith in your dealings with us and to make claims solely for the purpose of obtaining benefits of this warranty to which you are genuinely entitled. You must not act for ulterior purposes or as part of abusive, coercive, or fraudulent behaviour. If Nick Scali reasonably believes you are or may be in breach of this policy, Nick Scali may cancel this warranty and provide a full refund of the amount you paid to obtain it.