DRUMMING SOLUTIONS AUSTRALIA
TERMS AND CONDITIONS
Effective Date: 24 September 2026
These Terms and Conditions apply to all products sold, supplied or distributed by CHRISTIAN NATIVO AND DRUMMING SOLUTIONS AUSTRALIA "DSA" ABN 25 694 872 532, trading as Drumming Solutions Australia ("DSA", "we", "us" or "our").
These Terms apply to all current and future DSA products, including without limitation:
Drum Anchor
Drum Anchor Pedal Edition
Drum Anchor Rack Edition
Drumstick Caddy
Drumstick Caddy Rim Clip
Lugg Lockers
Lugg Lockers Kick
Drum Rug Memory Locks
mounting products
gripping products
clips
holders
accessories
replacement parts
transport and storage products
related components
any other product supplied by DSA
Collectively these are referred to as the Products.
These Terms should be read together with any Product instructions, warnings, sizing information, installation guides and videos, packaging information and Product-specific information supplied by DSA.
Nothing in these Terms excludes, restricts or modifies any guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or another applicable law.
1. APPLICATION AND ACCEPTANCE
By purchasing a Product directly from DSA after these Terms have been made available before checkout and accepted as part of the purchasing process, the customer agrees that these Terms form part of the contract of sale.
Where reasonably applicable, continued installation or use of a Product after receiving Product-specific instructions and warnings also constitutes acknowledgment of those instructions and warnings.
Acceptance of these Terms does not constitute a waiver of any right that cannot lawfully be waived.
Customers who do not believe a Product is suitable for their intended application should not install or continue using the Product.
2. CUSTOMER RESPONSIBILITY FOR PRODUCT SUITABILITY
The customer is responsible for determining whether a Product is suitable for the customer's particular instrument, equipment, hardware, surface and intended application before installation or use, except to the extent that the customer has reasonably relied upon specific advice or representations made by DSA.
Musical instruments and associated equipment vary considerably between:
manufacturers
models
production years
dimensions
manufacturing tolerances
materials
finishes
coatings
lug configurations
hoop configurations
tension rod dimensions
mounting systems
drumstick dimensions
hardware configurations
pedal designs
stand designs
rack designs
drum rug materials
carpet materials
surface conditions
Compatibility with one item of equipment does not necessarily establish compatibility with another item that appears similar.
Customers should confirm all applicable measurements, mounting requirements, clearances and compatibility information before installation.
3. CONDITIONS REQUIRING USE TO STOP
A Product should not be installed or continue to be used where:
(a) the Product does not fit correctly;
(b) excessive or unexpected force is required;
(c) the Product cannot be installed in the intended manner;
(d) the Product creates unexpected pressure on an instrument or component;
(e) mounting appears insecure;
(f) the Product moves in an unexpected manner;
(g) the Product interferes with the intended operation of another component;
(h) the surface appears unsuitable;
(i) unexpected abrasion, rubbing or deterioration becomes apparent;
(j) the Product is materially damaged;
(k) the Product has become excessively worn;
(l) the Product or equipment has been modified in a way that affects compatibility; or
(m) continued use could reasonably create a risk of unintended property damage or injury.
Where such circumstances arise, use should cease until the cause has been identified and appropriately addressed.
4. PHYSICAL CONTACT WITH MUSICAL INSTRUMENTS AND EQUIPMENT
The customer acknowledges that many DSA Products are specifically designed to:
grip equipment;
clamp onto equipment;
hold equipment;
contact equipment;
attach to equipment;
surround equipment;
restrain equipment;
rest against equipment;
engage with surfaces; or
remain in close proximity to musical instruments and associated hardware.
Physical interaction is therefore an inherent part of the intended operation of some Products.
Depending on the Product, instrument, finish, material, age, condition, cleanliness, mounting pressure, playing movement, environmental conditions and method of installation or removal, in very rare circumstances, physical contact may cause minor cosmetic effects.
Such effects may include:
(a) rubbing;
(b) light scuffing;
(c) polishing;
(d) dulling;
(e) compression;
(f) impressions;
(g) minor surface marks;
(h) minor scratches;
(i) discolouration;
(j) minor abrasion;
(k) finish wear;
(l) pressure marks;
(m) movement marks; or
(n) other cosmetic evidence reasonably associated with normal physical contact.
The presence of minor cosmetic evidence of normal contact does not, by itself, establish that a Product is defective.
Nothing in this clause excludes liability where damage was caused by:
a Product defect;
DSA negligence;
a misleading representation;
failure to comply with a consumer guarantee;
breach of an applicable statutory obligation; or
another matter for which DSA is legally responsible.
5. CLEANLINESS OF CONTACT SURFACES
Before installation, customers should ensure that both the Product and any surface with which the Product will make contact are reasonably clean.
Particular care should be taken to remove:
dirt;
grit;
sand;
metal particles;
wood particles;
dust;
dried liquids;
adhesive contamination; and
other abrasive or foreign materials.
Material trapped between a Product and an instrument may increase the likelihood of rubbing, scratching, abrasion or finish damage.
DSA is not responsible for damage to the extent that the damage was caused or contributed to by abrasive contamination introduced or left in place by the customer or another person.
6. DRUM ANCHOR PRODUCTS
Drum Anchor products are designed to assist in reducing unwanted movement of compatible drums, pedals, stands, racks and associated equipment.
Drum Anchor products may also assist as repeatable positioning references when setting up equipment.
Effectiveness depends upon factors including:
the type of drum rug or carpet;
carpet/rug fibre construction;
Velcro hook engagement;
equipment weight (anchors are independently tested and the base plate and front wall as well as overall vertically crush resistance (ie. standing on them) are all rated and test to 300+ kg. Test results can be provided upon request;
direction of force;
Product placement;
pedal configuration;
stand configuration;
rack configuration;
playing force;
condition of the Product; and
condition of the surface.
DSA does not represent that Drum Anchor products will eliminate all equipment movement under every possible playing condition or equipment configuration.
7. INDUSTRIAL VELCRO HOOK MATERIAL AND DRUM RUGS
Drum Anchor products may use industrial-strength hook velcro material or other high-grip materials designed to engage securely with compatible drum rugs and carpeted surfaces.
The customer acknowledges that this velcro material works by physically engaging with the drum rug/carpet fibres.
Different rugs, carpets, mats and fabrics may react differently to the industrial hook velcro material.
Depending upon the construction, material, fibre length, age and condition of the surface, attachment, movement or removal of industrial velcro hook material may result in:
(a) lifting of fibres;
(b) pulling of fibres;
(c) catching of fibres;
(d) loosening of fibres;
(e) displacement of fibres;
(f) fuzzing;
(g) pilling;
(h) fraying;
(i) flattening;
(j) compression;
(k) temporary impressions;
(l) permanent impressions;
(m) changes in surface texture;
(n) visible wear;
(o) fibres remaining caught in the hook material;
(p) changes in the appearance of the rug or carpet; or
(q) other minor cosmetic or physical effects reasonably associated with the hook material engaging with the surface.
These possibilities form part of the ordinary physical interaction between industrial hook velcro material and fibrous surfaces.
8. DRUM RUG AND CARPET COMPATIBILITY
Customers are responsible for determining whether their rug, carpet, mat or other surface appears suitable for the intended Drum Anchor Product before extended use.
Where reasonably practicable, customers should first test a piece of hook velcro on a small or inconspicuous area of their intended surface.
The Product should not continue to be used where testing shows that:
(a) fibres are being excessively removed;
(b) the surface is tearing;
(c) the surface is becoming materially damaged;
(d) the Product does not grip adequately;
(e) the Product slides excessively;
(f) the surface construction prevents appropriate engagement; or
(g) another compatibility problem becomes apparent.
Certain surfaces may be unsuitable, including some:
long-pile carpets;
shag carpets;
loosely woven rugs;
delicate decorative rugs;
Persian-style rugs;
antique rugs;
hand-woven rugs;
smooth mats;
rubber surfaces;
vinyl surfaces;
hard flooring;
very low-profile synthetic surfaces; or
materials that do not allow the hook material to engage properly.
DSA does not guarantee compatibility with every drum rug, carpet, mat or surface.
9. RUG DAMAGE DISTINCTION
Minor fibre disturbance reasonably associated with normal industrial hook velcro engagement does not, by itself, establish that the Product is defective.
However, nothing in these Terms means that a customer assumes responsibility for excessive or abnormal damage caused by:
a defective Product;
an unsafe Product;
DSA negligence;
a Product failing to comply with an applicable consumer guarantee; or
another matter for which DSA is legally responsible.
The nature, extent and cause of the damage must be considered in the circumstances of each case. The Drum Anchor product must be used/removed and attached in the exact same position hundreds of times for the carpet/drum rug fibres to be considered 'damaged' which would usually not constitute normal use.
10. DRUMSTICK CADDY
The Drumstick Caddy is designed to provide convenient storage and access to spare drumsticks on compatible bass drums.
Compatibility depends upon factors including:
bass drum diameter;
lug configuration;
lug spacing;
lug dimensions;
shell dimensions;
hoop design;
available mounting space;
drumstick dimensions;
Product position;
drum configuration; and
individual setup.
Customers must check relevant measurements and compatibility information before installation.
The Drumstick Caddy must not be forced into a space where it does not fit as intended.
11. DRUMSTICK CADDY CONTACT WITH THE BASS DRUM
The customer acknowledges that installation and use of the Drumstick Caddy may place the Product or the included 3mm thick felt protective material in physical contact with, or close proximity to:
the bass drum shell;
bass drum hoop;
lugs;
tension rods;
drumhead collar;
hardware; or
other parts of the drum.
Protective felt or similar materials are intended to help reduce unwanted direct contact and marking.
They cannot guarantee that every drum, finish or coating will remain completely free from cosmetic evidence of contact in every possible circumstance.
Depending on the drum finish, equipment condition, installation pressure, cleanliness, length of installation, vibration, drumstick movement and manner of installation or removal, possible minor cosmetic effects may include:
(a) rubbing;
(b) slight polishing;
(c) slight dulling;
(d) compression;
(e) temporary impressions;
(f) minor scuffing;
(g) minor discolouration;
(h) light pressure marks; or
(i) other minor cosmetic changes resulting from normal contact.
12. DRUMSTICK REMOVAL AND MOVEMENT
The customer acknowledges that removing or inserting drumsticks into a mounted Drumstick Caddy may cause minor temporary movement or flexing of the holder. In some extreme cases due to the nature of the angle of the removal of the drumstick under high adrenaline usage, sometimes the tip of the stick can make a very slight engagement with the drum shell.
Customers should remove sticks using reasonable care and should not:
pull the holder excessively;
intentionally twist the mounted Product;
apply unnecessary sideways force;
use the Product as a handle;
use the Product to move or lift the drum; or
use excessive force when removing a stick.
Minor movement associated with ordinary stick removal does not, by itself, establish a defect.
If drumstick removal causes unexpected contact, excessive movement or pressure against the drum, the customer should stop using the Product and check its installation and compatibility.
13. DRUMSTICK CADDY INSPECTION
Customers using a Drumstick Caddy should periodically:
(a) check the mounting position;
(b) check that the Product remains securely installed;
(c) ensure protective material remains clean;
(d) remove any grit or abrasive contamination;
(e) inspect the drum surface beneath or near the Product;
(f) check for unexpected movement;
(g) confirm that sticks remain appropriately supported; and
(h) discontinue use if unexpected deterioration becomes apparent.
This is particularly important on:
high-gloss finishes;
lacquer finishes;
custom finishes;
wrapped shells;
restored drums;
vintage instruments;
antique instruments; and
instruments with pre-existing finish damage.
14. DRUMSTICK CADDY RIM CLIP
The Drumstick Caddy Rim Clip is designed to attach to compatible drum rims or hoops.
Compatibility depends upon:
rim thickness;
hoop profile;
available clearance;
mounting position;
drumstick dimensions;
surrounding hardware; and
individual setup.
Customers should ensure that the clip is seated as intended and should not force the Product onto a rim or hoop that is materially incompatible.
The same surface cleanliness, contact, inspection and cosmetic marking principles stated elsewhere in these Terms apply to the Drumstick Caddy Rim Clip.
15. LUGG LOCKERS
Lugg Lockers are intended to assist in reducing unwanted movement or loosening of compatible drum tension rods during ordinary playing.
Their effectiveness depends upon:
correct sizing;
tension rod dimensions;
hardware design;
manufacturing tolerances;
tuning tension;
installation;
drum condition;
playing force; and
individual setup.
Customers must select the appropriate Product size for their hardware.
A Lugg Locker must not be forced onto incompatible or incorrectly sized hardware.
16. KICK LUGG LOCKERS
Kick Lugg Lockers are intended to assist in reducing unwanted movement or loosening of compatible bass drum tension rods.
Customers must confirm the applicable dimensions and Product size before installation.
A Product should not be forced onto a tension rod or lug assembly where the fit appears incorrect.
To the maximum extent permitted by law, DSA is not responsible for damage to the extent caused or contributed to by:
(a) incorrect sizing;
(b) forced installation;
(c) excessive force;
(d) incorrect installation;
(e) modification;
(f) incompatible hardware; or
(g) continued use after an obvious fitting issue became apparent.
Nothing in this section excludes liability for a defect or another matter for which DSA is legally responsible.
17. THIRD-PARTY EQUIPMENT
Unless expressly stated otherwise, DSA does not manufacture the customer's:
drums;
bass drums;
shells;
hoops;
rims;
drumheads;
bearing edges;
tension rods;
lugs;
pedals;
stands;
racks;
cymbals;
drumsticks;
drum rugs;
carpets;
mats;
flooring;
cases;
bags;
furniture;
vehicles;
mounting hardware; or
other third-party equipment.
DSA cannot control the construction, finish, age, condition, durability, material composition, tolerances or maintenance of third-party products.
Customers remain responsible for complying with applicable instructions, warranties and care recommendations issued by the manufacturers of their own equipment.
18. PARTICULARLY VALUABLE OR DELICATE EQUIPMENT
Additional care should be taken before fitting any gripping, clamping, mounting or contact-based Product to:
antique instruments;
vintage instruments;
collectible instruments;
museum-quality instruments;
custom-painted drums;
refinished drums;
hand-painted drums;
damaged finishes;
deteriorating finishes;
unusually soft finishes;
unusually delicate coatings; or
particularly valuable equipment.
Where practical, customers should test compatibility before extended use.
DSA should be contacted before installation if a customer is uncertain whether a Product is suitable for unusually delicate equipment.
19. IMPROPER USE
Improper use may include, without limitation:
(a) incorrect installation;
(b) incorrect sizing;
(c) forced installation;
(d) excessive tightening;
(e) excessive force;
(f) use on an unsuitable rug or carpet;
(g) use with incompatible hardware;
(h) unauthorised modification;
(i) drilling;
(j) cutting;
(k) heating;
(l) bending;
(m) reshaping;
(n) removal of protective components;
(o) use of a materially damaged Product;
(p) use of an excessively worn Product;
(q) use for a materially different purpose from the Product's intended or advertised purpose;
(r) failure to follow Product-specific instructions;
(s) failure to observe Product warnings;
(t) continued use after an obvious compatibility problem becomes apparent;
(u) continued use after an obvious safety problem becomes apparent;
(v) negligent handling;
(w) inappropriate storage;
(x) inappropriate transport;
(y) allowing abrasive contaminants to remain between contact surfaces; or
(z) another use that a reasonable person would recognise as materially outside the Product's intended operation.
20. MODIFICATION OF PRODUCTS
Unless expressly authorised by DSA, customers should not:
drill;
cut;
grind;
melt;
heat;
reshape;
bend;
mechanically alter;
remove structural components from; or
otherwise materially modify
a Product.
Modification may change Product strength, dimensions, compatibility or performance.
To the extent permitted by law, DSA is not responsible for a problem or damage to the extent that it was caused or contributed to by an unauthorised modification.
Modification does not automatically remove statutory rights in relation to an unrelated defect that was not caused or contributed to by the modification.
21. PRODUCT INSTALLATION
Customers must install Products in accordance with any applicable instructions provided by DSA.
Installation should be stopped where:
(a) the Product cannot be positioned as shown;
(b) dimensions materially differ from those required;
(c) excessive force is necessary;
(d) mounting creates unexpected pressure;
(e) another component is obstructed;
(f) the Product appears unstable; or
(g) another issue indicates likely incompatibility.
Customers should not assume that force is required merely because a Product is designed to fit securely.
22. PERIODIC INSPECTION AND MAINTENANCE
Customers should periodically inspect both the Product and the equipment with which it is used.
Inspection should include, where applicable:
(a) Product condition;
(b) mounting security;
(c) fit;
(d) contact points;
(e) protective material;
(f) hook material;
(g) accumulated dirt or fibres;
(h) unexpected movement;
(i) cracking;
(j) deformation;
(k) excessive wear;
(l) unexpected surface deterioration; and
(m) continued suitability for the intended use.
A Product showing significant damage or deterioration that could affect intended operation should not continue to be used until appropriately assessed or replaced.
23. NORMAL WEAR AND TEAR
Products that are repeatedly:
installed;
removed;
flexed;
gripped;
loaded;
transported;
exposed to friction; or
used during musical performance
may develop ordinary wear over time.
Normal wear may include:
minor cosmetic scratching;
surface polishing;
minor material wear;
accumulation of fibres;
slight changes in appearance;
ordinary scuffing; and
gradual wear of gripping surfaces.
Normal wear and tear does not, by itself, establish that a Product was defective.
However, the existence of normal wear does not remove a customer's rights in relation to a separate defect or failure covered by the Australian Consumer Law.
24. CUSTOMER-CAUSED AND THIRD-PARTY-CAUSED DAMAGE
To the maximum extent permitted by law, DSA is not responsible for loss, injury or property damage to the extent that it was caused or contributed to by:
(a) negligent use;
(b) misuse;
(c) incorrect sizing;
(d) incorrect installation;
(e) forced installation;
(f) excessive tightening;
(g) excessive force;
(h) unauthorised modification;
(i) incompatible equipment;
(j) unsuitable surfaces;
(k) failure to follow instructions;
(l) failure to observe warnings;
(m) continued use after a material problem became apparent;
(n) inadequate maintenance;
(o) abrasive contamination;
(p) damage to or deterioration of third-party equipment;
(q) actions of another person outside DSA's reasonable control; or
(r) another circumstance for which DSA is not legally responsible.
Potential property affected may include:
drum shells;
drum hoops;
rims;
bearing edges;
drumheads;
tension rods;
lugs;
finishes;
coatings;
pedals;
stands;
racks;
clamps;
cymbal stands;
drumsticks;
drum rugs;
carpets;
flooring;
cases;
furniture;
vehicles; and
other musical or non-musical equipment.
This clause applies only to the extent that the customer or third party caused or contributed to the relevant loss.
25. DSA RESPONSIBILITY IS NOT EXCLUDED WHERE THE LAW REQUIRES IT
Nothing in these Terms makes the customer responsible for loss to the extent that the loss was caused or contributed to by:
(a) DSA's negligence;
(b) a Product defect for which DSA is legally responsible;
(c) DSA's breach of contract;
(d) a false or misleading representation by DSA;
(e) DSA's failure to comply with an applicable consumer guarantee;
(f) DSA's breach of a non-excludable statutory obligation; or
(g) another matter for which DSA is legally responsible and liability cannot lawfully be excluded.
26. CUSTOMER INDEMNITY
To the maximum extent permitted by law, the customer indemnifies DSA and its officers, employees, contractors and agents against third-party claims, liabilities, losses, damages, expenses and reasonable legal costs, but only to the extent caused or contributed to by:
(a) the customer's negligent use of a Product;
(b) the customer's misuse of a Product;
(c) incorrect installation by the customer;
(d) unauthorised modification by the customer;
(e) deliberate use contrary to a material Product safety instruction;
(f) deliberate or negligent use with equipment or surfaces the customer knew, or reasonably should have known, were materially unsuitable;
(g) the customer's materially incorrect representations about a Product when reselling, lending or supplying it to another person;
(h) removal, concealment or material alteration of safety instructions supplied with a Product;
(i) the customer's breach of a material obligation under these Terms where that breach caused or contributed to the relevant third-party claim; or
(j) another negligent or wrongful act or omission by the customer relating to the Product.
This indemnity applies only to the proportion of the relevant loss attributable to the customer's conduct.
27. MATTERS EXCLUDED FROM THE CUSTOMER INDEMNITY
The customer does not indemnify DSA to the extent that a claim, liability, loss or damage was caused or contributed to by:
(a) DSA negligence;
(b) a manufacturing or design defect for which DSA is legally responsible;
(c) DSA's breach of contract;
(d) misleading or deceptive conduct by DSA;
(e) a false representation by DSA;
(f) failure by DSA to comply with a consumer guarantee;
(g) DSA's breach of a statutory obligation;
(h) wilful misconduct by DSA; or
(i) another liability that cannot lawfully be transferred to the customer.
28. INDIRECT OR CONSEQUENTIAL LOSS CAUSED BY CUSTOMER CONDUCT
Where a loss results solely from circumstances for which the customer or another third party is legally responsible, including negligent misuse, unauthorised modification or knowingly incompatible use, DSA is not liable for indirect, incidental, special or consequential loss resulting from that conduct to the maximum extent permitted by law.
Depending on the circumstances, this may include:
replacement equipment hire;
missed performances;
business interruption;
loss of use;
additional transport costs;
travel expenses;
accommodation costs;
lost income; or
other consequential expenses.
This clause does not remove a customer's right to recover reasonably foreseeable loss or damage where that right arises under the Australian Consumer Law or another law that cannot legally be excluded.
29. PRODUCT PERFORMANCE
DSA Products are intended to assist with particular practical drumming and musical equipment issues.
However, results can vary according to individual equipment and circumstances.
Variables may include:
playing style;
playing force;
drum condition;
tuning;
hardware design;
drum dimensions;
hardware dimensions;
manufacturing tolerances;
Product position;
drumstick dimensions;
pedal design;
stand design;
rack design;
rug material;
carpet construction;
surface condition;
accumulated contamination;
humidity;
temperature;
transport;
maintenance; and
installation.
DSA does not represent that every customer will obtain identical results from a Product.
30. LUGG LOCKER PERFORMANCE
Lugg Lockers and Kick Lugg Lockers are designed to assist in reducing unwanted tension rod movement.
They do not guarantee identical tuning stability across every drum, tension setting, hardware configuration or playing style.
Performance depends on correct sizing, installation and compatibility.
This does not affect any applicable consumer guarantee.
31. DRUM ANCHOR PERFORMANCE
Drum Anchor products are designed to assist with equipment stability and positioning.
They do not guarantee that equipment can never move under any circumstances.
Factors affecting performance include:
rug compatibility;
Product placement;
equipment weight;
direction of force;
playing force;
floor conditions;
hook contamination;
surface wear; and
individual setup.
Customers should confirm that the Product is securely engaged before performance.
32. DRUMSTICK CADDY PERFORMANCE
The Drumstick Caddy is intended to provide convenient access to spare sticks.
DSA does not represent that every possible drumstick model, bass drum, lug configuration or preferred mounting position will be compatible.
Customers should confirm relevant measurements before purchase and installation.
33. SPECIFIC COMPATIBILITY ADVICE GIVEN BY DSA
Where a customer asks DSA whether a Product is suitable for a particular instrument, surface or disclosed purpose, the customer should provide accurate and complete information.
This may include:
measurements;
photographs;
model information;
dimensions;
hardware configuration;
surface information; and
intended use.
Any advice provided by DSA is based upon the information supplied by the customer.
Nothing in these Terms retrospectively withdraws or contradicts a specific factual representation made by DSA upon which the customer reasonably relied.
Applicable rights relating to representations and fitness for a disclosed purpose remain subject to Australian law.
34. AUSTRALIAN CONSUMER LAW
Our Products come with consumer guarantees that cannot be excluded under the Australian Consumer Law.
Depending on the circumstances, these may include guarantees that goods:
are of acceptable quality;
are reasonably fit for an applicable disclosed purpose;
correspond with their description;
match an applicable sample or demonstration model;
comply with applicable express warranties; and
satisfy other requirements imposed by the Australian Consumer Law.
These rights apply automatically.
Nothing in:
these Terms;
DSA packaging;
a Product page;
Product instructions;
advertising;
a returns policy; or
another DSA document
excludes, restricts or modifies rights that cannot lawfully be excluded, restricted or modified.
35. CONSUMER GUARANTEE CLAIMS
If a customer believes a Product has a fault or other problem, the customer should contact DSA and provide reasonable information to allow the issue to be assessed.
Depending on the circumstances and applicable law, a customer may be entitled to:
repair;
replacement;
refund;
compensation;
reimbursement of certain reasonable costs; or
another remedy.
The appropriate remedy depends upon the nature of the issue and applicable law.
36. INFORMATION DSA MAY REQUEST WHEN ASSESSING A CLAIM
DSA may reasonably request information relevant to assessing a reported issue, including:
(a) proof of purchase or other reasonable evidence of the transaction;
(b) photographs;
(c) video;
(d) Product measurements;
(e) equipment measurements;
(f) Product size selected;
(g) information about installation;
(h) information about use;
(i) information about when the problem first occurred;
(j) photographs showing the claimed damage;
(k) photographs showing surrounding equipment; and
(l) other information reasonably necessary to understand the issue.
These requests do not remove or restrict statutory rights.
37. PROOF OF PURCHASE
Customers may be asked to provide reasonable proof that the Product was purchased from DSA or an authorised seller.
Proof may include:
an order confirmation;
tax invoice;
receipt;
bank transaction;
card statement;
online order record; or
another reasonable form of purchase evidence.
Customers are not required to possess the original Product packaging merely to exercise statutory consumer rights.
38. PRODUCT-SPECIFIC CLAIM INFORMATION FOR DRUM ANCHOR
For a Drum Anchor claim, DSA may reasonably request:
photographs of the Product;
photographs of the drum rug or carpet;
close-up photographs of hook engagement;
photographs of any alleged rug damage;
photographs showing equipment placement;
video showing movement;
information about rug material;
information about Product placement; and
details of how the Product was installed and removed.
This information may help distinguish between:
ordinary fibre interaction;
unsuitable rug construction;
customer-caused damage;
wear;
abnormal use; and
a potential Product defect.
39. PRODUCT-SPECIFIC CLAIM INFORMATION FOR DRUMSTICK CADDY
For a Drumstick Caddy or Drumstick Caddy Rim Clip claim, DSA may reasonably request:
photographs of the Product;
photographs of the drum;
lug spacing;
mounting location;
hoop dimensions;
drumstick dimensions;
photographs of any alleged marks;
photographs showing the condition of protective material;
video showing installation or movement; and
other information relevant to determining the cause of the issue.
40. PRODUCT-SPECIFIC CLAIM INFORMATION FOR LUGG LOCKERS
For a Lugg Locker or Kick Lugg Locker claim, DSA may reasonably request:
Product size;
tension rod measurements;
photographs of relevant hardware;
photographs showing Product installation;
photographs of any alleged damage;
information about how installation was performed; and
other measurements reasonably required to determine compatibility.
41. INSTALLATION AND USE DO NOT AUTOMATICALLY REMOVE CONSUMER RIGHTS
A claim will not be rejected solely because a Product has been installed or used where installation or use was reasonably necessary to discover the alleged problem.
Similarly, the existence of ordinary handling marks does not automatically remove consumer rights.
Where a problem was actually caused by incorrect installation, misuse or another customer-controlled circumstance, that cause may be relevant to whether a remedy applies.
Where an unrelated Product defect exists, the customer retains applicable statutory rights.
42. NORMAL WEAR DOES NOT AUTOMATICALLY REMOVE RIGHTS
Normal wear, cosmetic marking or surface contamination does not, by itself, prove a Product defect.
However, ordinary wear also does not automatically defeat a claim concerning a separate manufacturing, design or other defect.
Each claim will be considered according to:
the nature of the Product;
the age of the Product;
the amount and type of use;
the claimed failure;
the apparent cause;
Product condition; and
applicable law.
43. RETURNS FOR PRODUCT PROBLEMS
Customers should contact DSA before returning a Product so that the return can be identified and handled efficiently.
This administrative request does not restrict statutory rights.
Where a Product can reasonably be posted or returned, DSA may require it to be returned for assessment.
44. RETURN POSTAGE AND TRANSPORT COSTS
For a Product that can reasonably be posted or returned, a customer may initially be asked to arrange return of the Product.
Where DSA confirms that the Product has a problem for which DSA is responsible and applicable law requires DSA to bear the reasonable return cost, DSA will reimburse reasonable return expenses.
Customers should retain receipts or other reasonable evidence of return costs.
Where a faulty Product cannot reasonably be returned without significant cost because of its nature, installation, size or another relevant circumstance, DSA will comply with its obligations relating to collection, transport or return costs under applicable law.
45. CHANGE OF MIND RETURNS
Change of mind returns are separate from consumer guarantee rights.
Unless otherwise stated at the time of purchase, DSA does not guarantee acceptance of a change of mind return after a Product has been installed or used.
DSA may choose to accept a change of mind return where the Product is:
unused;
uninstalled;
undamaged;
complete; and
in original saleable condition.
Customers seeking a discretionary change of mind return should contact DSA before returning the Product.
The customer is responsible for postage associated solely with a discretionary change of mind return unless DSA agrees otherwise.
This clause does not apply to a return arising from a Product problem covered by the Australian Consumer Law.
46. CUSTOMER-CAUSED PROBLEMS
A customer is generally not entitled to require DSA to remedy a problem to the extent that the problem was caused by:
abnormal use;
misuse;
negligence;
incorrect installation;
forced installation;
unauthorised modification;
use contrary to applicable Product instructions; or
another customer-controlled cause.
However, those circumstances do not automatically remove rights concerning a different and unrelated defect.
47. NO SEPARATE VOLUNTARY WARRANTY UNLESS EXPRESSLY PROVIDED
Unless DSA expressly provides a separate written warranty against defects for a particular Product, DSA does not provide a separate time-limited voluntary warranty against defects in addition to statutory rights.
References in these Terms to:
faulty products;
repairs;
replacements;
refunds;
claims;
assessment; or
remedies
are intended to describe DSA's processes and obligations under applicable law and do not create a separate warranty period unless expressly stated otherwise.
Where DSA provides a separate written warranty against defects, that warranty will be documented separately and will operate in addition to applicable statutory rights.
48. EXPRESS WARRANTIES AND PRODUCT REPRESENTATIONS
DSA will take reasonable care to ensure that Product descriptions and factual representations are accurate.
Where DSA makes a specific express representation about a Product, these Terms do not operate to retrospectively cancel that representation.
Customers should read:
Product descriptions;
measurement diagrams;
sizing information;
compatibility information;
warnings; and
installation instructions
before purchase and installation.
49. PRODUCT PHOTOGRAPHS AND APPEARANCE
Product photographs are intended to represent the Product as accurately as reasonably practicable.
Minor variations may occur because of:
manufacturing tolerances;
production changes;
materials;
lighting;
screen display;
packaging revisions; and
minor non-functional design changes.
Material changes affecting compatibility or core Product function should be appropriately disclosed.
Nothing in this clause permits DSA to supply goods that materially fail to correspond with their description where the Australian Consumer Law requires otherwise.
50. PRODUCT INSTRUCTIONS AND WARNINGS
Customers must read and follow Product-specific instructions and warnings supplied with the Product or made reasonably available by DSA.
Warnings may appear:
on packaging;
on instruction cards;
on Product pages;
in installation guides;
in user manuals; or
in other Product documentation.
Where Product-specific information conflicts with a generic part of these Terms on an operational or safety issue, the Product-specific safety instruction should be followed unless it is obviously erroneous.
51. IMPORTANT DRUM ANCHOR WARNING
Industrial hook velcro material may affect some carpet and rug fibres.
Before extended use:
check surface compatibility;
test an inconspicuous area where reasonably practicable;
ensure the Product engages securely;
inspect the surface after initial use; and
discontinue use if excessive fibre damage occurs.
52. IMPORTANT DRUMSTICK CADDY WARNING
Before installing the Drumstick Caddy:
confirm the relevant measurements;
ensure contact surfaces are clean;
confirm the Product is positioned as intended;
do not force installation;
periodically inspect the contact area;
discontinue use if unexpected rubbing or pressure occurs.
53. IMPORTANT LUGG LOCKER WARNING
Before installing a Lugg Locker or Kick Lugg Locker:
confirm the required size;
inspect the Product and tension rod;
do not force an incorrect size;
confirm the Product is seated as intended; and
discontinue installation if excessive resistance or incompatibility becomes apparent.
54. PRODUCT SAFETY NOTICES
If DSA issues a safety notice, corrective instruction or other important Product notice, customers should follow that notice.
Where DSA advises customers to stop using a Product, customers should cease use until the Product has been repaired, replaced, modified or otherwise dealt with in accordance with the notice.
Nothing in this section transfers DSA's statutory Product safety obligations to the customer.
55. RECALLS
Where a Product becomes subject to an applicable recall, DSA will take steps required by applicable law and provide relevant instructions.
Customers should comply with reasonable recall instructions where continued Product use could present a safety risk.
56. RESALE, LOAN OR TRANSFER
Where a customer resells, loans, gifts or otherwise transfers a Product to another person, the customer should provide any Product-specific:
safety warnings;
installation instructions;
sizing information; and
important usage information
that accompanied the Product.
Customers must not knowingly remove, falsify or materially misrepresent Product safety information when supplying a Product to another person.
57. USE BY CHILDREN, RISK OF INJURY OR DEATH AND CUSTOMER INDEMNITY
57.1 Products are not toys
DSA Products are musical-instrument accessories and equipment. They are not toys and must not be treated or used as toys.
Children may use a DSA Product for its intended musical or drumming purpose where the Product is suitable for the child's age, ability and circumstances and is installed and used in accordance with all applicable instructions and warnings.
57.2 Adult supervision
Where a Product is purchased, installed, supplied or made available for use by a child, the customer and any responsible parent, guardian, teacher, caregiver or supervising adult should take reasonable steps appropriate to the child's age and ability to ensure that:
(a) the Product is suitable for the intended application;
(b) the Product is correctly installed before use;
(c) all components are securely attached;
(d) applicable Product instructions and warnings are followed;
(e) the child does not misuse the Product;
(f) the child does not play with the Product as a toy;
(g) the Product is periodically inspected for damage, loosening, cracking, deterioration or detached components; and
(h) use ceases immediately if a condition arises that could reasonably present a safety risk.
Nothing in this section makes a person who is not a party to the customer's contract with DSA contractually bound by these Terms merely because that person supervises a child.
57.3 Choking and ingestion hazards
Some Products, accessories, components, fasteners, packaging materials or parts that become detached through damage, misuse or deterioration may be small enough to present a choking or ingestion hazard, particularly to babies and young children.
Children must not be permitted to:
(a) place a Product or Product component in their mouth;
(b) chew, suck or bite a Product or component;
(c) intentionally remove or play with loose components;
(d) place fasteners, clips, fittings, hook-and-loop components or other Product parts in their mouth;
(e) play with damaged or dismantled Products; or
(f) use packaging materials as toys.
Any loose or detached component capable of presenting a choking or ingestion hazard must be immediately removed from the reach of children.
Particular care must be taken to keep small Products, small components and detached parts away from children under 3 years of age.
57.4 Broken, damaged or detached components
If a Product:
(a) breaks;
(b) cracks;
(c) fractures;
(d) materially deforms;
(e) develops a sharp or exposed edge;
(f) becomes loose;
(g) produces a detached component;
(h) loses a fastener;
(i) deteriorates in a manner that could affect safety; or
(j) otherwise develops a condition that could reasonably cause injury,
use must cease immediately.
The Product should be removed from the child's reach until the issue has been appropriately assessed, repaired or the Product replaced.
57.5 Risks arising from misuse
The customer acknowledges that misuse of a Product, particularly by a child, may create risks that do not arise during proper intended use.
Such risks may include, depending upon the Product and circumstances:
(a) choking;
(b) ingestion;
(c) cuts or abrasions;
(d) impact injury;
(e) pinching or crushing;
(f) injury caused by detached or damaged components;
(g) injury resulting from throwing or striking another person with a Product;
(h) injury resulting from climbing, hanging, pulling or placing body weight on a Product not designed for that purpose;
(i) injury resulting from use of a Product as a toy;
(j) injury resulting from modification or dismantling;
(k) injury resulting from continued use after damage becomes apparent;
(l) injury associated with surrounding drums, stands, pedals, racks or other musical equipment where unsafe setup or misuse contributes to the incident; and
(m) in extreme circumstances, serious injury or death.
The inclusion of a particular risk in this section does not mean that the risk is expected to occur during normal and intended use.
57.6 Customer responsibility for children under their control or supervision
Where the customer permits a child to possess or use a Product, the customer is responsible for taking reasonable precautions appropriate to the circumstances, including reasonable supervision where required by the child's age, maturity or ability.
To the maximum extent permitted by law, DSA is not responsible for injury, serious injury or death to the extent caused or contributed to by:
(a) failure by the customer to provide reasonable supervision in circumstances where supervision was reasonably required;
(b) permitting a child to use a Product in a manner materially inconsistent with its intended purpose;
(c) permitting a child to use a Product as a toy;
(d) allowing a baby or young child access to a known loose or detached small component;
(e) failure to discontinue use after a Product became obviously broken, damaged, loose or unsafe;
(f) deliberate disregard of a material safety instruction or warning;
(g) unauthorised modification or dismantling of the Product;
(h) use of a Product for climbing, hanging, personal restraint, lifting, striking, throwing or another materially unintended purpose;
(i) negligent storage of loose Product components where they are readily accessible to a baby or young child; or
(j) another negligent or wrongful act or omission by the customer or another person for whom DSA is not legally responsible.
57.7 Indemnity concerning child injury or death
To the maximum extent permitted by law, the customer indemnifies and holds harmless Drumming Solutions Australia, the legal entity operating DSA, its proprietor or owners, officers, employees, contractors and agents against third-party claims, liabilities, losses, damages, expenses and reasonable legal costs arising from bodily injury, serious injury, illness or death of a child, but only to the extent that the injury, illness or death was caused or contributed to by:
(a) negligent supervision by the customer;
(b) misuse of the Product by the customer or by a child where the customer negligently permitted or failed reasonably to prevent that misuse;
(c) use of the Product for a materially unintended purpose;
(d) deliberate disregard of DSA safety instructions or warnings;
(e) knowingly allowing continued use of a materially damaged or unsafe Product;
(f) unauthorised modification, dismantling or alteration of the Product;
(g) knowingly allowing a child access to a detached component presenting an obvious choking or ingestion hazard;
(h) negligent installation by the customer;
(i) the customer's negligent storage, handling or transfer of the Product;
(j) removal, concealment or material alteration by the customer of Product safety instructions or warnings before providing the Product to another person; or
(k) another negligent or wrongful act or omission of the customer that caused or contributed to the injury or death.
The indemnity applies only to the proportion of the relevant claim, loss, liability or expense attributable to the customer's conduct.
57.8 Matters not covered by the indemnity
The customer does not indemnify DSA for injury, illness or death to the extent caused or contributed to by:
(a) negligence by DSA;
(b) a safety defect in a Product for which DSA is legally responsible;
(c) a manufacturing or design defect for which DSA is legally responsible;
(d) DSA's failure to comply with an applicable consumer guarantee;
(e) a false, misleading or deceptive representation by DSA;
(f) DSA's breach of a non-excludable statutory duty;
(g) wilful misconduct by DSA; or
(h) another liability that applicable law does not permit DSA to exclude, restrict, transfer or require the customer to indemnify.
57.9 Serious injury and death
Nothing in these Terms is intended to exclude or restrict liability for personal injury or death where that liability cannot lawfully be excluded or restricted.
Nothing in this section prevents a person from exercising rights or remedies available under the Australian Consumer Law or another applicable law in relation to injury or death caused by a defective, unsafe or otherwise legally non-compliant Product.
57.10 Packaging
Plastic bags, wrapping, fasteners, ties, inserts and other packaging materials must be kept away from babies and young children where they may present a choking, ingestion, suffocation or other hazard.
Packaging should be appropriately discarded or stored after opening.
57.11 Product-specific requirements prevail
This section operates together with any Product-specific:
(a) age recommendation;
(b) minimum age requirement;
(c) choking warning;
(d) supervision requirement;
(e) safety instruction;
(f) installation instruction; or
(g) other Product warning.
Where a Product-specific safety instruction imposes a higher level of precaution than this section, the Product-specific instruction should be followed.
57.12 No transfer of DSA's legal responsibility
The responsibilities placed upon customers, parents, guardians, caregivers, teachers or supervising adults in this section are intended to address risks within their reasonable control.
They do not transfer to those persons responsibility for a defective or unsafe Product or otherwise remove any legal responsibility that applicable law places upon DSA.
58. USE OUTSIDE INTENDED MUSICAL APPLICATIONS
Unless expressly stated otherwise, DSA Products are designed for their stated musical instrument or drumming application.
Customers should not use Products for:
climbing;
personal restraint;
lifting people;
structural construction;
safety-critical load bearing;
vehicle restraint;
fall protection; or
another materially unrelated purpose
unless DSA expressly states that the Product is designed for that purpose.
59. STORAGE
Products should be stored in conditions reasonably appropriate for their materials.
Customers should avoid, where relevant:
excessive heat;
open flame;
prolonged unnecessary UV exposure;
corrosive chemicals;
solvents;
excessive mechanical loading during storage; and
other conditions likely to damage the Product.
Damage caused solely by inappropriate storage may affect Product performance.
60. TRANSPORT
Customers should ensure Products are appropriately secured during transport.
DSA is not responsible for damage to the extent caused by:
crushing;
uncontrolled movement;
impact;
improper packing;
excessive heat in a vehicle;
contact with chemicals; or
other inappropriate transport conditions after delivery.
61. LIMITATION OF LIABILITY FOR CUSTOMER-CONTROLLED EVENTS
To the maximum extent permitted by law, DSA's liability does not extend to loss to the extent caused or contributed to by an event outside DSA's responsibility, including:
customer misuse;
negligent use;
third-party misuse;
unauthorised alteration;
use with obviously incompatible equipment;
failure to follow a material safety warning; or
continued use after an obvious defect or safety issue becomes apparent.
Nothing in this clause excludes non-excludable statutory liability.
62. AUSTRALIAN CONSUMER LAW OVERRIDE
If any other clause in these Terms is inconsistent with a right or remedy that cannot legally be excluded, that clause must be read subject to the non-excludable right or remedy.
In particular, nothing in these Terms excludes, restricts or modifies:
(a) the application of an applicable consumer guarantee;
(b) the exercise of a right conferred by the Australian Consumer Law; or
(c) liability that cannot lawfully be excluded or restricted.
63. SEVERABILITY
If a provision of these Terms is:
invalid;
unlawful;
void; or
unenforceable,
the provision will be read down to the minimum extent reasonably necessary to make it valid and enforceable where legally permitted.
If it cannot reasonably be read down, the affected part will be severed to the minimum extent necessary.
The remaining provisions will continue to operate to the extent permitted by law.
Nothing in this clause permits an unlawful or unfair contract term to be enforced.
64. NO WAIVER
A failure or delay by DSA to exercise a contractual right does not automatically constitute a permanent waiver of that right.
Any waiver by DSA applies only to the particular circumstance for which it was given.
This clause does not restrict a consumer right or remedy under applicable law.
65. CHANGES TO THESE TERMS
DSA may update these Terms from time to time for future transactions.
A revised version will display an updated effective date.
Unless required or permitted by law, a material change does not retrospectively alter the contractual terms that applied to an order already completed.
The Terms applicable to an online purchase are ordinarily the Terms made available to the customer when the relevant order was placed.
DSA should retain reasonable records of materially different versions of these Terms.
66. WEBSITE CHECKOUT
For direct online purchases, DSA should make these Terms reasonably available before the customer submits the order.
The checkout should contain a clear statement that the customer agrees to the Terms and Conditions.
Where practicable, DSA should require an affirmative acceptance action, such as an unticked checkbox.
A link to the Terms should be available immediately adjacent to, or reasonably close to, the acceptance mechanism.
67. RECORD OF ACCEPTANCE
DSA may retain reasonable electronic records showing:
the date of an order;
the applicable Terms version;
acceptance of the Terms;
Product ordered;
transaction details; and
applicable Product information.
Such records may be used to establish which Terms applied to a transaction.
68. LEGAL ENTITY
Products purchased directly from DSA are sold by:
Legal Entity: CHRISTIAN NATIVO/DRUMMING SOLUTIONS AUSTRALIA
Trading Name: Drumming Solutions Australia
ABN: 25 694 872 532
Website: drummingsolutionsaustralia.au
References throughout these Terms to "DSA" or "Drumming Solutions Australia" mean the legal entity identified above trading under that business name.
The trading name itself does not replace identification of the legal entity responsible for the transaction.
69. GOVERNING LAW
These Terms are governed by the laws of Victoria and applicable laws of the Commonwealth of Australia.
Subject to rights that cannot legally be restricted, the parties submit to the non-exclusive jurisdiction of the courts and tribunals of Victoria.
Nothing in this clause prevents a consumer from exercising a right to commence or pursue proceedings in another jurisdiction where the consumer is legally entitled to do so.
70. CONTACT
Questions regarding:
Product compatibility;
sizing;
installation;
Product problems;
returns;
safety concerns; or
these Terms
should be directed to DSA using the contact information published on the Drumming Solutions Australia website.
Customers uncertain about compatibility should seek guidance before installing or forcing a Product.
71. COMPLETE PRODUCT RISK ACKNOWLEDGMENT
The customer acknowledges that some DSA Products achieve their intended function through physical interaction with other equipment or surfaces.
Examples include:
industrial hook velcro material gripping carpet fibres;
clips engaging rims;
holders being positioned adjacent to drums;
protective backing contacting instrument surfaces;
locking products engaging drum hardware; and
anchors resisting equipment movement.
Physical interaction can create ordinary and reasonably foreseeable minor wear or cosmetic effects.
Customers accept responsibility for taking reasonable care in:
Product selection;
checking measurements;
installation;
surface preparation;
monitoring compatibility;
inspection;
maintenance;
removal; and
use.
This acknowledgment does not amount to acceptance of a Product defect and does not waive any statutory rights relating to defective, unsafe or non-compliant goods.
72. INTERACTION WITH THIRD-PARTY WARRANTIES
Customers should check whether attaching accessories or Products to an instrument could affect any manufacturer's warranty applying to that instrument.
DSA does not control warranty conditions imposed by third-party manufacturers.
DSA is not responsible merely because a third-party manufacturer chooses to restrict its own warranty as a consequence of accessory use, unless DSA made a specific representation to the contrary or is otherwise legally responsible.
Nothing in this section alters the customer's statutory rights against DSA.
73. PRE-EXISTING DAMAGE
Customers should inspect valuable equipment before installing a Product.
Where equipment already has:
scratches;
chips;
cracks;
lifting wrap;
failing lacquer;
corrosion;
worn carpet fibres;
torn fabric;
loose components; or
another pre-existing condition,
installation of an accessory may interact with that condition.
DSA is not responsible for pre-existing damage.
DSA is also not responsible for deterioration to the extent that it was caused by the pre-existing condition rather than the DSA Product.
74. DAMAGE INVESTIGATION
Where a customer alleges that a Product damaged other property, DSA may reasonably request evidence relevant to identifying the cause.
This may include:
detailed photographs;
video;
purchase information;
Product condition;
condition of the allegedly damaged property;
date of installation;
duration of use;
mounting position;
cleaning and maintenance information;
equipment specifications; and
information about how the alleged damage occurred.
DSA may request that the Product be retained while a claim is being assessed.
Customers should avoid discarding a Product that is the subject of an unresolved damage claim where reasonably practicable.
This does not limit any statutory right.
75. NO AUTOMATIC ADMISSION OF LIABILITY
DSA's agreement to:
inspect a Product;
receive photographs;
discuss a complaint;
accept a Product for assessment;
provide temporary assistance;
investigate property damage; or
communicate with a customer about an incident
does not, by itself, constitute an admission of legal liability.
Likewise, this clause does not allow DSA to avoid responsibility where liability is otherwise established under applicable law.
76. PRODUCT REPLACEMENT DOES NOT REMOVE OTHER RIGHTS
Where DSA voluntarily replaces a Product, that replacement does not automatically prevent a customer from exercising another applicable statutory remedy where the law provides one.
Similarly, provision of a goodwill remedy does not necessarily constitute an admission that the original Product was defective.
77. CUSTOMER SAFETY RESPONSIBILITY, TRIP HAZARDS AND STEPPING ON DRUM ANCHOR PRODUCTS
77.1 General equipment safety
Customers are responsible for using reasonable care when installing, positioning, setting up and operating musical instruments, hardware and DSA Products.
Products intended to assist equipment stability do not replace sensible equipment setup, housekeeping or stage and floor safety practices.
Customers should ensure that:
(a) stands are correctly assembled;
(b) pedals are appropriately mounted;
(c) racks are stable;
(d) drums are positioned securely;
(e) floor surfaces are reasonably suitable;
(f) cables and other equipment do not create unnecessary trip hazards;
(g) DSA Products are positioned only where reasonably necessary for their intended function;
(h) surrounding access areas remain reasonably clear; and
(i) performers, technicians and other persons who may move around the equipment can safely access the relevant area.
77.2 Drum Anchor products are floor-level objects
Drum Anchor products are designed to be positioned at or near floor level and may be installed around:
(a) bass drums;
(b) pedals;
(c) drum stands;
(d) hardware;
(e) racks;
(f) drum kits; and
(g) other musical equipment.
The customer acknowledges that any floor-level object may potentially create a stepping, stumbling or trip hazard if a person walks on, catches their foot on, or unexpectedly contacts the Product.
This risk may be increased in:
(a) dark or dimly lit performance areas;
(b) stages;
(c) backstage areas;
(d) rehearsal rooms;
(e) crowded equipment areas;
(f) areas where performers move quickly;
(g) areas containing cables or other floor-mounted equipment;
(h) areas where a Product is concealed by hardware, clothing, cases or other equipment; or
(i) circumstances where a person is unaware that the Product is present.
77.3 Do not step on Drum Anchor products
Drum Anchor products are not designed to be intentionally stood on, walked on or used as stepping surfaces unless DSA expressly states otherwise for a particular Product. They are independantly crush rated to 300+kg but Persons should avoid deliberately stepping directly onto a Drum Anchor Product.
Customers should take reasonable precautions to prevent Drum Anchor Products from being positioned where people are expected to walk.
Where a Drum Anchor Product is no longer required for its intended equipment-positioning or anchoring purpose, the customer should remove or reposition it where reasonably practicable if leaving it in place would create an unnecessary trip or stepping hazard.
77.4 Potential injuries from stepping on or tripping over a Drum Anchor
The customer acknowledges that accidentally stepping on, catching a foot on, stumbling over or falling because of a floor-mounted Drum Anchor Product may potentially result in injury.
Depending on the circumstances, injuries could include:
(a) twisting or rolling of the ankle;
(b) ankle sprains or strains;
(c) ligament or tendon injuries;
(d) foot pain or injury;
(e) toe injuries;
(f) bruising;
(g) cuts or abrasions;
(h) muscular strains;
(i) lower-leg injuries;
(j) shin injuries;
(k) knee injuries;
(l) hip injuries;
(m) fractures;
(n) injuries caused by falling onto surrounding drums, pedals, stands, racks, cymbals or other equipment;
(o) wrist, hand, arm or shoulder injuries caused by attempting to break a fall;
(p) head or facial injuries resulting from a fall;
(q) aggravation of an existing physical injury or condition; or
(r) in extreme circumstances, serious injury or death.
The inclusion of these potential injuries does not mean that such injuries are expected during normal intended use. These injuries are not at the fault of Drumming Solutions Australia and this acknowledgement indemnifies Drumming Solutions Australia.
77.5 Placement responsibility
The customer should take reasonable care when deciding where a Drum Anchor Product is positioned.
Where reasonably practicable, Products should not be positioned:
(a) in normal pedestrian walkways;
(b) in entrances or exits;
(c) across access paths;
(d) immediately beside stairs or changes in floor level;
(e) in emergency access routes;
(f) where they are unnecessarily concealed from view;
(g) where a performer or technician would reasonably be expected to place their foot; or
(h) in another location where the Product creates an unnecessary foreseeable trip or stepping hazard.
The Product should instead be positioned as close as reasonably practicable to the equipment it is intended to anchor or locate.
77.6 Stages and low-light environments
Additional care should be taken when Drum Anchor Products are used on stages or in other low-light environments.
Customers, performers, venue personnel or technicians responsible for equipment setup should consider whether the position of a Product will remain reasonably apparent and safe once:
(a) stage lighting is reduced;
(b) performance lighting begins;
(c) surrounding equipment is installed;
(d) cables are run;
(e) cases or other equipment are moved; or
(f) performers begin entering and leaving the performance area.
Where a Product would create an unnecessary hazard in the final setup, it should be repositioned or removed where reasonably practicable.
77.7 Unused Drum Anchor products
A Drum Anchor Product should not be unnecessarily left exposed on a floor, stage, drum rug or walkway when it is not performing an intended anchoring or positioning function and its presence would create an avoidable stepping or trip hazard.
Loose Drum Anchor Products should be appropriately stored when not in use.
77.8 Footwear and movement around equipment
Persons moving around drums and associated equipment should exercise reasonable care appropriate to the environment.
Particular care should be taken where:
(a) visibility is limited;
(b) footwear provides limited stability;
(c) a person is carrying equipment;
(d) a person is moving backwards;
(e) a person is stepping over hardware;
(f) cables or stands restrict available walking space; or
(g) multiple floor-level objects are present.
77.9 Customer-controlled accidents
To the maximum extent permitted by law, DSA is not responsible for personal injury, property damage or death to the extent caused or contributed to by:
(a) positioning a Drum Anchor Product in an unnecessary or obviously unsafe pedestrian walkway;
(b) deliberately standing or walking on a Product contrary to applicable instructions or warnings;
(c) knowingly leaving a loose or unused Product where it creates an obvious trip hazard;
(d) failure to remove or reposition a Product after an obvious safety hazard becomes apparent;
(e) failing to maintain reasonable access around equipment;
(f) unsafe placement of drums, stands, racks, cables or other equipment by the customer or another person;
(g) deliberate misuse of a Drum Anchor Product;
(h) negligent setup or housekeeping;
(i) unauthorised modification of the Product; or
(j) another negligent or wrongful act or omission of the customer or a third party for whom DSA is not legally responsible.
77.10 Customer indemnity for trip and stepping incidents
To the maximum extent permitted by law, the customer indemnifies DSA and its officers, employees, contractors and agents against third-party claims, liabilities, losses, damages, expenses and reasonable legal costs arising from a person stepping on, stumbling over, tripping over or falling in connection with a Drum Anchor Product, but only to the extent that the incident was caused or contributed to by:
(a) negligent Product placement by the customer;
(b) leaving a Product in an unnecessary pedestrian walkway;
(c) knowingly leaving an unused Product in a position presenting an obvious trip hazard;
(d) failure by the customer to act after becoming aware of an obvious placement hazard;
(e) misuse of the Product;
(f) failure to comply with a material safety instruction or warning;
(g) unsafe setup of surrounding equipment by the customer; or
(h) another negligent or wrongful act or omission by the customer.
The indemnity applies only to the proportion of the relevant claim, liability, loss or expense attributable to the customer's conduct.
77.11 DSA responsibility not excluded
Nothing in this section excludes or restricts liability to the extent that an injury, death, loss or damage was caused or contributed to by:
(a) a safety defect in a DSA Product for which DSA is legally responsible;
(b) DSA's negligence;
(c) a manufacturing or design defect for which DSA is legally responsible;
(d) DSA's failure to comply with an applicable consumer guarantee;
(e) a false or misleading representation by DSA;
(f) DSA's breach of a non-excludable statutory obligation; or
(g) another liability that cannot lawfully be excluded, restricted or transferred.
77.12 Surrounding equipment injuries
Where a person trips or falls, surrounding musical equipment may itself cause additional injury.
Customers should therefore take reasonable care to avoid equipment arrangements in which a foreseeable trip could cause a person to fall onto:
(a) cymbal stands;
(b) cymbal edges;
(c) drum hardware;
(d) rack tubing;
(e) pedal components;
(f) protruding adjustment screws;
(g) drumsticks;
(h) cases;
(i) electrical equipment; or
(j) other hard, sharp or projecting objects.
77.13 Safety warning
WARNING: TRIP AND STEP HAZARD.
Drum Anchor products are floor-level equipment accessories.
Do not intentionally stand or walk on them.
Keep Products out of pedestrian walkways wherever reasonably practicable.
Take additional care in dark or low-light performance environments.
Remove or safely store loose or unused Drum Anchor Products where leaving them in place would create an unnecessary trip or stepping hazard.
78. NO REPRESENTATION OF ABSOLUTE DAMAGE PREVENTION
Unless expressly required by law, Product descriptions should not be interpreted as promising that equipment can never:
move;
loosen;
mark;
wear;
rub;
shift;
become dirty;
deteriorate; or
experience another effect
under all circumstances.
Where DSA describes a Product as designed to "prevent", "protect", "lock", "anchor", "secure" or similar wording, that description must be understood in the context of normal intended use, compatibility, Product instructions and any specific factual representations made on the Product page.
Nothing in this section permits DSA to make a false or misleading representation about Product performance.
79. CUSTOMER'S OWN EQUIPMENT CHOICES
DSA is not responsible merely because a customer's chosen:
rug;
carpet;
drum;
drumstick;
pedal;
stand;
rack;
finish;
hardware; or
accessory
turns out to be unsuitable for use with a Product where the incompatibility was not caused by a DSA defect or misleading representation.
Where DSA specifically recommends compatibility after being given accurate information by the customer, applicable statutory rights remain unaffected.
80. FINAL STATUTORY PROTECTION
Nothing in these Terms is intended to:
(a) exclude the Australian Consumer Law;
(b) exclude a consumer guarantee;
(c) remove a right to a repair, replacement or refund where the law provides that right;
(d) prevent recovery of reasonably foreseeable loss where recoverable under law;
(e) require a customer to indemnify DSA for DSA's own negligence or statutory breach;
(f) excuse a defective or unsafe Product where DSA is legally responsible;
(g) permit misleading or deceptive conduct; or
(h) impose an unfair contract term that is prohibited by law.
Where these Terms and a non-excludable statutory right are inconsistent, the statutory right prevails.
81. ACCEPTANCE
By completing a direct purchase after these Terms have been made reasonably available and accepted through the checkout process, the customer agrees that these Terms form part of the contract of sale.
The customer acknowledges the importance of:
checking compatibility;
following Product instructions;
avoiding excessive force;
inspecting Product contact areas;
testing rug compatibility where applicable;
maintaining clean contact surfaces; and
discontinuing use where an unexpected problem becomes apparent.
Acceptance of these Terms does not exclude, restrict or modify any statutory right that cannot lawfully be excluded, restricted or modified.