![Older man reading a newspaper in an Opera profiling bed with a grab handle attached to the frame](http://operabeds.com/cdn/shop/files/Care-Bed-Accessories-Large.jpg?v=1708427191&width=1500)
![Older man reading a newspaper in an Opera profiling bed with a grab handle attached to the frame](http://operabeds.com/cdn/shop/files/Care-Bed-Accessories-Medium.jpg?v=1673965474&width=1500)
![Older man reading a newspaper in an Opera profiling bed with a grab handle attached to the frame](http://operabeds.com/cdn/shop/files/Care-Bed-Accessories-Small.jpg?v=1673965496&width=1500)
Terms & Conditions
OUR TERMS
1. These terms
1.1. What these terms cover. These are the terms and conditions on which we supply products, being goods and services, to you.
1.2. General Warnings / Cautions and Notices. The General Warnings / Cautions and Notices supplied with these Terms on the final page are incorporated into these Terms by reference.
1.3. Safety, Cleaning, Care, Technical Specifications and Maintenance. PLEASE NOTE: Safety, Cleaning, Care, Technical Specifications and Maintenance instructions vary for each product and will be supplied with the product-specific user manuals. Upholstered products will be labelled as per the standard US requirement. You acknowledge that it is a condition of your purchase of a product that you will read the relevant instructions and labels prior to use of the product purchased. You confirm that your acceptance and understanding of the Safety, Cleaning, Care and Maintenance instructions is a fundamental material provision to entering into this contract.
1.4. Why you should read them. Please read these terms carefully. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.5. Are you a Consumer or a Business Customer? In some areas, you will have different rights under these terms depending on whether you are a “Business Customer” or “Consumer”.
1.5.1. You are a “Consumer” if you are an individual and you are buying products from us wholly or mainly for your personal use.
1.5.2. You are a “Business Customer” if you are buying products for use in connection with your trade, business, craft or profession.
Provisions specific to Consumers only or to Business Customers only are specified throughout these terms.
1.6. If you are a Business Customer this is our entire agreement with you. If you are a Business Customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms and conditions.
1.7. Interpretation. In these Terms:
1.7.1. words expressed in the singular shall include the plural and vice versa, and words referring to a particular gender include every gender;
1.7.2. unless the context requires otherwise, references to including or includes shall be deemed to have the words "without limitation" inserted after them; and
1.7.3. writing includes by fax and email, and written shall be construed accordingly.
1.8. Any obligation in the Contract on a person not to do something includes an obligation not to agree, allow, permit or acquiesce in that thing being done.
1.9. Headings to conditions, sections, parts and sections are inserted for convenience only, and shall not affect the interpretation or construction of the Contract.
2. Information about us and how to contact us
2.1. Who we are. We are Alpine HC Limited and we trade under the name Opera. We are a company registered in England and Wales and our United Kingdom Company Registration Number is 06318479 (https://find-and-update.company-information.service.gov.uk/company/06318479) and our registered office is at Azure House, Connaught Road, Kingswood, Hull, East Yorkshire, United Kingdom, HU7 3AP.
2.2. How to contact us. You can contact us by:
2.2.1. telephoning our customer service team at +1 888 553 0605;
2.2.2. writing to us by email at info@operabeds.com; or
2.2.3. writing to us by regular mail at Azure House, Connaught Road, Kingswood, Hull, East Yorkshire, United Kingdom, HU7 3AP.
2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1. Placing Orders
3.1.1. All orders must be made via our website at www.operabeds.com
3.1.2. Production and fulfillment will not commence, nor will special material be purchased, until receipt of the Customer’s signed purchase order and payment made in full in accordance with section 13.
3.1.3. Email Orders. Any orders received by email must be made in accordance with section 3.1.4 and be accompanied by a signed purchase order and must be received in our sales office prior to processing of your order.
3.1.4. All orders made by email must be e-mailed to info@operabeds.com and include the following information:
3.1.4.1. Signature on purchase order
3.1.4.2. Opera Beds listed as Vendor
3.1.4.3. Bill To and Ship To addresses
3.1.4.4. Telephone number for Bill To and Ship To
3.1.4.5. Fax number for Bill To and Ship To
3.1.4.6. E-mail address for Bill To and Ship To
3.1.4.7. Accounts Payable contact name
3.1.4.8. Telephone number for Accounts Payable contact
3.1.4.9. Fax number for Accounts Payable contact
3.1.4.10. E-mail address for Accounts Payable contact
3.1.4.11. Freight payment method: Order will be sent "prepay and add to invoice" unless otherwise indicated. If third-party shipment is elected, a signed waiver is required
3.1.4.12. If prior notice of delivery is required, then the Customer must specify a contact person and telephone number
3.1.4.13. Flammable treatments – indicate special requirements or codes that must be stated in writing on the order. For example: CAL133. If the order is to be shipped to a state requiring CAL133, it must be noted on the purchase order with the correct upcharges. If this special item is not included on the purchase order, we accept no responsibility for violations of any state ordinances. In addition, orders may not be accepted until written confirmation has been received.
3.1.4.14. Any limitations on overall dimensions of products must be specifically referred to.
3.1.5. Upon receipt of the e-mailed Purchase Order, you will receive an email confirmation, followed by an Order Confirmation once we have verified all of the information from your emailed Purchase Order.
3.2. How we will accept your order. Orders are subject to acceptance by us under these Terms. Our acceptance of your order will take place when we issue you with a written acceptance or we carry out an act consistent with fulfilling the order, at which point a contract will come into existence between you and us.
3.3. If we cannot accept your order. If we are unable to accept your order for any reason, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.
3.4. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our products
4.1. Products may vary slightly from their pictures. Any samples, images, drawings, descriptive matter or advertising on our website, in our catalogue or elsewhere, and any descriptions of the goods or illustrations or descriptions of the services (primarily installation services) contained in our catalogue, on our website or elsewhere are issued or published for the sole purpose of giving an approximate idea of the goods or services described in them. They shall not form part of the contract or have any contractual force.
4.2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website, in our catalogue or otherwise.
4.3. Making sure your measurements and bespoke requirements are accurate. If we are making the product to measurements or other bespoke requirements you have given us, you are responsible for ensuring that these measurements and requirements are correct. Customers must notify us within 5 working days of receipt of our written acceptance or order confirmation of any discrepancy between the purchase order and the written acceptance or order confirmation; otherwise, we cannot accept responsibility for manufacturing errors.
5. Your rights to make changes after ordering
5.1. If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply, or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our rights to make changes
6.1. Minor changes to the products. We may change the product:
6.1.1. to reflect changes in relevant laws or regulatory requirements; or
6.1.2. to implement minor technical adjustments and improvements.
6.2. More significant changes to the products and these terms. In addition, if we make significant changes to the products or these terms, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. Providing the products
7.1. Delivery costs. The costs of delivery will be as set out in our quotation form or otherwise notified to you during the order process.
7.2. When we will provide the products.
7.2.1. If the products are goods. If the products are goods, we will deliver them to you as soon as reasonably possible through our shipping agents. Due to the nature of the goods being tailored or made to your specifications and the fact that the shipment and delivery of the goods is being made internationally (through our third party agents), lead times may be longer. Your estimated delivery date will be notified to you during the order process. For both Consumers and Business Customers, times and dates for delivery of your order or its performance are not of the essence and we shall not be liable for any delay in delivery that is caused by an event or circumstances outside of our control or any customer’s failure to provide us with instructions relevant to the order or its delivery.
7.2.2. If the products are one-off services. We will begin the services (primarily installation services) on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.
7.2.3. If the products are ongoing services or provided on a subscription basis. We will supply the goods or services to you until either the services are completed or the subscription expires (if applicable) or if you end the contract as described in section 8 or we end the contract by written notice to you as described in section 10.
7.3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. We will not be liable for delays caused by the event, but if there is a risk of substantial delay (being not less than 90 days) you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4. Collection by you. If we have agreed that you can collect the products from our premises or the premises of our agent, you can collect them from us at the pre-agreed time. You must contact us first to arrange a collection time before collecting your goods.
7.5. If you are not at your address when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or (if possible, which will depend on the products ordered) collect the products from a local depot as described in the note.
7.6. If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs incurred and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract and section 10.2 will apply.
7.7. If you cancel or do not allow us access to provide products. If you cancel or change any goods or services (including installation details or instructions) less than 24 hours before the date on which the goods are to be delivered or the services are to commence, or you do not allow us access to your property to deliver the goods or perform the services as arranged, we may charge you additional costs incurred by us as a result. For a cancelled or postponed delivery, you will be liable to us for the full delivery charge. If you were due to have the product installed, you will be liable for the full charge of both delivery and installation. For a cancelled or postponed installation, this charge is currently $495 (excluding taxes). If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property, we may end the contract and section 10.2 will apply.
7.8. When you become responsible for the goods. A product which is goods will be your responsibility:
7.8.1. from the time we deliver the product to the address you gave us or a carrier (organized by you) collects it from us, or
7.8.2. if we have agreed to install the goods, the goods will be your responsibility from the time we complete the installation, or
7.8.3. at the point that responsibility passes to the Buyer according to the Incoterms used (for international shipments). Incoterms 2000 will govern all terms relating to shipment.
7.9. When you own goods. You own a product which is goods once we have received payment in full.
7.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and section 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.11 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.11.1 deal with technical problems or make minor technical changes;
7.11.2 update the product to reflect changes in relevant laws or regulatory requirements; or
7.11.3 make changes to the product as requested by you or notified by us to you (see section 6).
7.12 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 90 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.13 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see section 13.3) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see section 13.5).
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a Consumer or Business Customer:
8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see section 12;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see section 8.2;
8.2 Ending the contract after an order has been made, but before delivery, because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see section 6.2);
8.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.2.3 there is a risk that supply of the products may be significantly delayed (for a period of not less than 90 days) because of events outside our control;
8.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 90 days; or
8.2.5 you have a legal right to end the contract because of something we have done wrong.
8.3 All orders are final after they have been made. No customers who have made an order (Consumers and Business Customers) have a right to change their minds. Once the order has been placed and confirmed by the Company, there is no right for either Consumers or Business Customers to change your mind and cancel the Order under this Contract.
8.4 All Consumers and Business Customers acknowledge and accept that:
8.4.1 the products are sealed for health protection and hygiene purposes; and
8.4.2 the products are customized, bespoke, personalized or otherwise made to your specifications.
9. How to discuss the contract
9.1. To contact us, please let us know by doing one of the following:
9.1.1. Phone or email. Call customer services on +1 888 553 0605 or email us at info@operabeds.com. Please provide your name, home, details of the order and, where available, your phone number and email address.
9.1.2. By post. Write to us at Azure House, Connaught Road, Kingswood, Hull, East Yorkshire, United Kingdom, HU7 3AP, including details of what you bought, when you ordered or received it, your order number and your name and address.
9.2. Returning products. Although there is no right to cancel the contract once the order has been placed, If in your sole discretion you elect to return the products to us, after receipt and installation, you may do so at your own cost and through your own delivery agents (unless we agree otherwise with you). You must return them to us at the following address Azure House, Connaught Road, Kingswood, Hull, East Yorkshire, United Kingdom, HU7 3AP. Before doing so, please call customer services on +1 888 553 0605 or email us at info@operabeds.com to notify us of the return.
9.3. When we will pay the costs of return and de-installation. We will pay the costs of return and de-installation:
9.3.1. if the products are faulty or misdescribed (and this is accepted by us);
9.3.2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
9.4. How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products (including delivery costs if you are a Consumer), by the method you used for payment. However, we may make deductions from the price, as described below.
9.5. When your refund will be made. We will make any refunds due to you as soon as possible.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
10.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
10.1.4 you do not, within a reasonable time, allow us access to your premises to supply the services; or
10.1.5 you take any step or action in connection with bankruptcy, administration, liquidation, winding up or any similar proceeding or your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the contract has been placed in jeopardy.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in section 10.1, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. If there is a problem with the product
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at +1 888 553 0605 or write to us at info@operabeds.com.
12. Your rights in respect of defective products
12.1 We are under a legal duty to supply products that are in conformity with this contract.
12.2 If you are a Business Customer
12.2.1 we warrant that on delivery any products which are goods shall:
12.2.1.1 conform in all material respects with their description and any relevant specification; and
12.2.1.2 be free from material defects in design, material and workmanship; and
12.2.1.3 be fit for any purpose expressly held out by us.
12.2.2 Subject to section 12.3, if:
12.2.2.1 you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in section 12.2;
12.2.2.2 we are given a reasonable opportunity of examining such product; and
12.2.2.3 you return such product to us at your cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
12.3 We will not be liable for a product's failure to comply with the warranty in section 12.2 if:
12.3.1 you make any further use of such product after giving a notice in accordance with section 12.2.2;
12.3.2 the defect arises because you failed to follow either our or the manufacturer’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
12.3.3 the defect arises as a result of us following any drawing, design or specification supplied by you (or on your behalf);
12.3.4 you alter or repair the product without our written consent; or
12.3.5 the defect arises as a result of fair wear and tear, willful damage, negligence, or abnormal working conditions.
12.4 Except as provided in this section 12, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in section 12.2.
12.5 These terms shall apply to any repaired or replacement products supplied by us under section 12.
13. Price and payment
13.1 Where to find the price for the product. The price of the product will be the price indicated on our website, as set out in our quotation or as otherwise notified to you during the order process. All prices shown are per unit unless otherwise noted. Prices do not include shipping, installation or sales and use taxes and any other applicable duties, levies and/or taxes, which the Buyer will pay in addition to the price when it pays for the Goods and/or Services in accordance with this section. All pricing is subject to change at any time without prior notice and valid for thirty (30) days from date of issue.
13.2 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error has occurred, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
13.3 When you must pay and how you must pay. We accept payment using most debit and credit card types as well as bank transfers. If you choose to pay by credit card, please note a 2.5% convenience fee will be charged on all Credit card transactions (AMEX, Mastercard, Visa and Discover). We do not accept any payments made by check. When you must pay depends on what product you are buying:
13.4.1 For goods, you must pay for the products before we dispatch them and we may charge you for the products at any time after your order is accepted.
13.4.2 For services, you must pay for the services before we start providing them and we may charge you for the services at any time after your order is accepted.
13.4.3 For Business Customers. If you are a Business Customer with an existing credit account, you may be able to place your order on your account and receive an agreed credit period to make payment (typically 30 days from the date of invoice). If you are a Business Customer and would like to set up a credit account, please call +1 888 553 0605 to request an account application form. If any order specific payment terms set out on our website, in our quotation or otherwise notified to you during the order process differ to the terms set out in these terms and conditions, the order specific payment terms shall prevail.
13.5 Our right of set-off if you are a Business Customer. If you are a Business Customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
13.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount. A charge of 1.5% per month or 18% annually (or, if lower, the maximum amount chargeable under the applicable law governing these Terms) will be made on an unpaid balance if payment is not made according to these Terms. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. If the invoice is not paid in full, the warranties provided by Opera Beds do not apply. In the event that a collection agency, attorney or court must be used to effect collection, you agree to pay all reasonable and actual collection agency fees, attorney fees and court costs. Retainage or other forms of escrow are not permitted.
13.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13.8 All questions regarding credit, invoices, adjustments, billing and payment application should be directed to our Accounts team at +1 888 553 0605 or write to us at info@operabeds.com
14. Our responsibility for loss or damage suffered by you if you are a Consumer
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for breach of your legal rights in relation to the products as summarized at section 12.1 and for defective products.
14.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
14.4 We are not liable for business losses. If you are a Consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in section 15.
15. Our responsibility for loss or damage suffered by you if you are a Business Customer
15.1 Nothing in these terms shall limit or exclude our liability for:
15.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
15.1.2 fraud or fraudulent misrepresentation; or
15.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
15.2 Subject to section 15.1:
15.2.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
15.2.2 our total liability to you in respect of all losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed an amount equal to the aggregate price of the goods and services supplied by us and paid for by you under the contract.
16. Warranty
16.1 Opera Beds’ warranties in connection with the Products and Services can be found HERE.
16.2 The warranty provisions outlined above do not apply to any product which has been subjected to misuse, abuse, neglect, lack of normal maintenance, accident, or whose original construction has been altered by anyone except Opera Beds. We define normal usage per application for which the product was designed. Opera Beds shall not be liable for consequential or individual damages arising from any product defect. We will replace or repair defective products covered by the warranty provisions outlined in our Warranty during the stated periods, provided the Customer notifies us within 30 days of the discovery of a defect and the product or defective portion is returned promptly as directed.
16.3 All Customer claims under the Warranty are subject to our discretion. To make a claim under the warranty provisions outlined above, contact us to receive written authorization of the Warranty at +1 888 553 0605 or write to us at info@operabeds.com. DO NOT return merchandise without written authorization. Merchandise returned without written notification will be refused. Return Authorizations are numbered and specify method of transportation including any applicable freight costs. After inspection of the returned item, if it is established by us to be defective under the terms of our Warranty, the product will be repaired or replaced at Opera Beds’ expense, to include applicable return freight costs. However, if determined not to be covered under our warranty, the item will be repaired or replaced at the Customer’s expense, F.O.B. factory loading dock. Authorization for return will be voided if product is not received within 30 days of authorization.
16.4 Our obligation under the warranty provisions outlined above is limited to the repair or replacement of the defective item. In no case shall liability under the warranty provisions outlined above exceed the original purchase price of the defective item.
16.5 We will not assume labor charges for unauthorized field repairs. The warranty provisions outlined above extend to the original purchaser only.
17. Notices
Any notice or other communication to be given under the Contract must be in writing and may be delivered personally, or be sent by first-class pre-paid post, recorded delivery, by fax, by commercial courier, or by email to the Party to be served at the address for such Party as set out in the Contract, or as otherwise specified by the relevant Party by notice to the other Party. Any notice or other communication shall be deemed to have been duly received:
17.1 if delivered personally, when left at the address for such Party as specified in the Contract; or
17.2 if sent by first-class pre-paid post or recorded delivery, forty-eight (48) hours after posting; or
17.3 if sent by fax, at the time of transmission; or
17.4 if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or
17.5 if sent by email, the time the email is received into the mailbox of the recipient.
18. How we may use your personal information
18.1 How we will use your personal information. We will only use your personal information as set out in our privacy policy. A copy of our current privacy policy can be found at https://operabeds.com/pages/privacy-policy or you can email us at info@operabeds.com to request a copy.
19. Other important terms
19.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms and/or any contract made between us to another organization. If this happens, we will ensure that the transfer will not affect your rights under the contract.
19.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms and/or any contract made between us to another person if we agree to this in writing. However, if you are a Consumer you may transfer any guarantee we have provided to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
19.3 Co-operation. The Buyer shall co-operate with all the reasonable instructions of Opera Beds in its performance of the Contract, and provide any such information and assistance as Opera Beds may reasonably require.
19.4 Confidentiality. The Buyer shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and which have been disclosed to the Buyer by Opera Beds, its employees, agents, consultants or subcontractors, and any other confidential information concerning Opera Beds' business or its products which the Buyer may otherwise obtain.
19.5 Force Majeure. Opera Beds shall not be liable to the Buyer in any manner, nor deemed to be in breach of the Contract, for any failure to perform, or any delay in performing, any of its obligations under any Contract to the extent that such failure or delay is due to a Force Majeure Event. For these purposes, a Force Majeure Event means any event beyond the reasonable control of Opera Beds which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, including acts of God, governmental actions, war or national emergency, acts of terrorism, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fires, explosions, collapse of building structures, floods, storms, earthquakes, epidemics or similar events, natural disasters or extreme adverse weather conditions, nuclear, chemical or biological contamination, lock-outs, strikes or other labor disputes (whether or not relating to Opera Beds’ workforce), failure of a utility service or transport network, or restraints or delays affecting carriers or inability or delay in obtaining supplies or adequate or suitable materials, default of suppliers or subcontractors, or other similar event.
19.6 Compliance. The Parties agree to comply with all applicable laws, statutes, regulations relating to anti-bribery and anti-corruption.
19.7 Entire Agreement. The Contract, incorporating the order confirmation, constitutes the entire agreement between the Parties in respect of the supply of Goods and/or Services and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to the subject matter.
19.8 Reliance. The Buyer expressly acknowledges and agrees that it has not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the subject matter of the Contract, other than as expressly set out in the Contract. Each Party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract, and agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract.
19.9 Independent Parties. Nothing in the Contract is intended to, or shall operate to, create a partnership or corporate relationship between the Parties, or to authorize either Party to act as the agent of the other, and neither Party shall have the authority to act in the name of or otherwise to bind the other in any way.
19.10 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
19.11 Employee Authority. None of our salespersons, representatives or employees has the authority to change or alter any provisions or prices. We neither assume nor authorize any person to assume for us any other obligation in connection with the products.
19.12 If a court finds part of this contract illegal or otherwise unenforceable, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or otherwise unenforceable, the remaining paragraphs will remain in full force and effect.
19.13 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
19.14 Which laws apply to this contract and where you may bring legal proceedings. All transactions between us and all customers, whether
GENERAL WARNINGS
PLEASE READ ALL WARNINGS/CATIONS BEFORE USE
- ALWAYS CHECK ALL SURROUNDINGS BEFORE USE.
- Liquids can cause electrical hazards. In the event of a spill in or around the bed, immediately unplug the bed and allow the area to dry thoroughly before plugging in the bed. If a spill occurs around the power outlet or electric cables or components, UNPLUG the bed immediately. Clean up spill and allow bed or area to dry thoroughly before using the electric controls again.
- This bed is designed for adults only. DO NOT use with or for children. Children must be closely supervised at all times when near the bed.
- Users who are unable to understand or follow these instructions and warnings or who have limited physical capabilities should be supervised or assisted while using the bed.
- NEVER PERMIT ANY ONE UNDER THE BED AT ANYTIME.
- When operating or moving the bed, ALWAYS ensure that the individual utilizing the bed is positioned properly within the confines of the bed.
- DO NOT stand or climb on bed.
- Inappropriate handling of the power cord can create an electrical hazard. Regularly inspect cord and plug for damage such as kinking or fraying; DO NOT use if cord or plug is damaged, contact your dealer for repair or replacement.
- DO NOT unplug by pulling on the cord, this may damage the plug connection. NEVER pull, jerk, twist, or severely bend the cord, especially near the plug connection. DO NOT use this product with power strips or extension cords. DO NOT overload wall outlets. ALWAYS connect this product to an appropriate voltage outlet; DO NOT use with a DC to AC converter.
- ALWAYS take care when routing power cords for accessories or other equipment through the space under the bed. Cords should be secured such that they cannot become pinched or damaged by moving parts of the bed. Damaged cords should NOT be used.
- DO NOT use this bed with incompatible mattresses or bed accessories. Contact the company for assistance with purchasing compatible models.
- After bed assembly or maintenance, test to ensure all sections are securely in place and all electrical components operate as intended BEFORE use.
- DO NOT attempt to operate the bed controls if the bed is not fully assembled, as this may cause damage to the bed components.
- After the bed has been fully assembled, ALWAYS test to make sure that all sections of the bed are properly and securely in place before using.
- DO NOT lay, sit or lean in such a way that your entire body weight Is placed only on raised sections of the bed.
- DO NOT use outdoors.
- If the unit is not working properly, discontinue use and call a qualified technician to examine the unit and repair it.
- Keep the product a minimum of 12” away from any direct heat source.
- The initial set up of this bed must be performed by a qualified technician.
- The total weight limit of the Beds are as stated in the information provided with the product in pounds and kg.
- DO NOT open pre-assembled items such as the motors, controls, junction boxes etc. There are no user serviceable parts. Only qualified technicians are permitted to repair these parts. If unqualified individuals perform any work on these beds, all warranties are void.
- After use, some permanent deformation of the bed under load may occur. This is normal and expected unless it affects the function of the bed. Slight sagging or bending at the center of the bed after use does not indicate a safety risk/defect.
- DO NOT place the control under or between objects. This may cause the unintentional activation of the bed features and may cause injury or damage.
- If a button on the remote does not release or sticks, the bed spring may not stop moving. Inspect the covering of the bed’s control panel to assure that the covering is not cracked or damaged.
- ALWAYS keep all electrical cords away from heated or hot surfaces.
- Refer all servicing to qualified personnel ONLY. Grounding reliability depends upon a properly grounded wall outlet. ALWAYS unplug the bed from the outlet before servicing or performing any maintenance on the electric bed.
- DO NOT unplug the power cord from the junction box. Damage to cord will result.
- Use caution when disconnecting any wired controls, DO NOT press the control buttons.
- When bed is not to be used for an extended period, unplug electric bed from the wall outlet.
SAVE THESE INSTRUCTIONS
NOTICES:
The information contained in this document is subject to change without notice.
WARNINGS/CAUTION notices used in this manual apply to hazards or unsafe practices which could result in personal injury and/or property damage.
- Check all parts for shipping damage and test before using. In case of damage, do NOT use.
- Contact the dealer for further instruction.
- Your Electric bed has been engineered to provide you with reliable operation.
- The bed has been thoroughly tested and inspected prior to shipment.
INDICATIONS & CONTRADICTIONS FOR USE
- This bed is intended for use in residential settings, for use with adults.
- This bed is NOT intended for use in a hospital.
- This bed is NOT intended for use with children.
- This bed should NOT be moved while occupied.