Important Binding Safety Notice

IMPORTANT SAFETY NOTICE, WAIVER, AND ASSUMPTION OF RISK

Please read carefully before finalizing your order. This document impacts your legal rights.

By requesting and accepting the mounting of ski bindings without providing your physical ski boots, you acknowledge, understand, and agree to the following legally binding terms under the Australian Consumer Law, the New Zealand Consumer Guarantees Act, and relevant state and national civil liability legislation:

1. Information-Based Mounting and Setup
  • Customer Data Input: Hiking Trails Pty Ltd trading as OGASAKA SKI within Australia and New Zealand will mount and set the bindings based solely on the specific boot and physical information you provide remotely.
  • Accuracy Responsibility: Any errors, typos, or inaccuracies in the data you provide (such as incorrect Boot Sole Length, weight, height, age, or skier type) remain entirely your responsibility.
  • Approximate Setting Only: While we will set the bindings and DIN values to approximate your requirements based on your provided data, this configuration is a preliminary baseline only and is not field-ready.

2. Third-Party Installation and Mounting Liability Exclusion
  • Scope of Third-Party Work: If you purchase skis from us and choose to have the bindings (whether purchased from us or sourced separately from a third party) mounted, installed, adjusted, or serviced by any separate third party, workshop, or individual, Hiking Trails Pty Ltd trading as OGASAKA SKI within Australia and New Zealand accepts absolutely zero liability.
  • Total Indemnity: We are completely removed from any liability, claims, damages, costs, or personal injuries resulting directly or indirectly from errors, defects, or negligence in the mounting, drilling, positioning, or calibration work performed by that third party. Any technical disputes or service failures must be taken up directly with the technician who performed the installation work.

3. How to Find Your Boot Sole Length (BSL)

To ensure the mounting track is fixed as accurately as possible, you must provide your exact Boot Sole Length (BSL) in millimetres.
  • Do Not Use Mondo Point/Socks Size: Do not use your standard shoe size or your ski boot's mondo size (e.g., 26.5). These do not represent the external plastic length.
  • Check the Heel: Look closely at the outside lower plastic shell of your ski boot, usually near the heel.
  • Look for Millimetres: You will find a 3-digit number stamped into the plastic followed by "mm" (e.g., 305mm).

4. Incomplete Mechanical Calibration
  • Factory Mounting Only: Your bindings have been mechanically fixed to the skis based solely on standard manufacturer placements or your provided dimensions.
  • No Functional Validation: The bindings have not been physically adjusted, calibrated, or safety-tested against your actual physical ski boots.

5. Mandatory Certified Inspection (Prior to Use)
  • Essential Technical Check: It is essential and mandatory that you take your skis, bindings, and physical ski boots to a certified ski technician before using them on snow.
  • Required Adjustments: The technician must physically verify your Boot Sole Length, set the exact forward pressure, configure the final DIN release values based on your physical metrics, and conduct an ISO mechanical release test.

6. Serious Injury and Death Risks
  • Inherent Danger: Alpine skiing is a high-risk activity.
  • Equipment Failure: Skiing on bindings that have not been physically calibrated to your specific boots drastically increases the risk of the binding failing to release, or releasing prematurely, during a fall. This can result in severe personal injury, permanent spinal or limb impairment, or death.

7. Voluntary Assumption of Risk
  • Ride at Your Own Risk: You voluntarily elect to take delivery of uncalibrated equipment.
  • Full Responsibility: If you ski on this equipment without a final inspection and calibration by a certified technician, you do so entirely at your own risk. You accept full responsibility for any resulting injuries, damages, or losses.

8. Exclusion and Limitation of Liability
  • Maximum Legal Exclusion: To the maximum extent permitted by law, including the Competition and Consumer Act 2010 (Cth), relevant Australian state Civil Liability Acts, and the New Zealand Health and Safety at Work Act, Hiking Trails Pty Ltd trading as OGASAKA SKI within Australia and New Zealand excludes all liability for any personal injury, economic loss, or death arising from your failure to have the bindings professionally adjusted and safety-tested before use.
  • Consumer Guarantees: Nothing in this disclaimer excludes, restricts, or modifies any non-excludable statutory rights or consumer guarantees you hold under the Australian Consumer Law or the New Zealand Consumer Guarantees Act 1993. However, our liability for a breach of any such guarantee is strictly limited to re-supplying the mounting services or paying the cost of having the services supplied again.

9. Legal Context and Acknowledgements
  • Consumer Guarantees Still Apply: Under Australian and New Zealand consumer law, businesses cannot contract out of non-excludable consumer guarantees. If the physical mount itself was performed incorrectly by us, the customer retains a right to a remedy for that specific service failure.
  • Recreational Services Carve-Out: Section 139A of the Competition and Consumer Act 2010 (Cth) allows businesses supplying recreational services or equipment to exclude or limit their liability for death or personal injury. This waiver directly leverages that specific legal allowance.
  • Clear Warning Requirements: To effectively exclude liability for inherent or obvious risks under regional laws, a business must provide a clear, unambiguous warning before the consumer agrees to the service.