Residential Leather Protection Plan – Leather Upholstery For Private Use

Our Commitment to You
If you buy a SmartCare Leather Protection Plan AND clean and care for your new leather furniture as per the instructions (see below), SmartCare will clean or repair any of the furniture’s leather that has been damaged within 5 years from the date of purchase. At our discretion, we may replace the damaged section or, in extreme cases, replace the item of furniture subject to the conditions of this Leather Protection Plan.

Definitions

Abuse: Improper use, mistreatment, to use in a way that is harmful or not the intended manner for which the item was designed.
Accident: An unexpected event which occurs suddenly resulting in damage and could not reasonably have been anticipated or prevented.
Incident: A single occurrence that results in damage to the furniture/item.
Neglect: Failure to take reasonable care of or to look after the furniture/item. Failure to protect the furniture/item from likely damage. Disregard of duty of care resulting from carelessness or indifference. More than two occurrences of the same or similar type.
Cleaning Disclaimer
Please note: Your SmartCare protection plan is not a cleaning contract. It is an accidental stain and damage agreement. If you would like your leather professionally cleaned (additional charges apply) please ask our claims manager who will refer you to an authorized cleaner in your area.

Transferability
This protection plan may be transferred from the original purchaser to another entity, provided the original sales order document is provided at the time of claim.

Stain Removal Follow-Up: Completion of Service

If a SmartCare technician performs a stain removal service and the stain is not fully removed, you must contact us within 72 hours from the time of service to request further action. If we do not hear from you within this timeframe, the stain removal will be considered satisfactory, and the job will be officially closed. No additional follow-up or work will be provided after this point.

This Leather Protection Plan is given by UPcare international Pty Ltd (ACN: 613651737)
For further information contact SmartCare on: 1300 979 771 Or email: claims@upcareonline.com

The Leather Protection Plan;

Must be purchased at the same place and time as the furniture is purchased from the same retailer
Is not transferable
Can only be used by the original purchaser
Only applies in Australia and New Zealand
Does not cover use of furniture in rental or commercial properties
Caring for Your New Leather Furniture
The furniture/item must be cared for and maintained during the term of the protection plan in accordance with the care instructions for that product. Every reasonable precaution should be taken to avoid accidental stains or damage.

Your new leather furniture should have been delivered to you in a clean and undamaged state. If for any reason it hasn’t been, please contact your retailer immediately.

It’s a great idea to use the care products in your SmartCare care kit on your new leather furniture as soon as it arrives in your home. EasyCare instructions can be found on the sides of the bottles.

Your leather furniture should be cleaned and conditioned every two to three months. However, higher use/higher wear furniture, or frequent use by people on medications, may require more frequent cleaning. If your furniture looks dirty, it usually is.

While covered, you must care for your furniture using the recommended SmartCare products in accordance with instructions on the product, which can also be found on the sides of the bottles or on our website. Using non-recommended care products, or any other unauthorized chemicals, will invalidate rights under the Leather Protection Plan.

How to Make a Claim
Go to amart.upcareonline.com

Uncontactable Customers
If you are uncontactable by SmartCare or its associated technicians, after 14 days your claim will be canceled. We ask that you return our calls if you miss them and reply to our emails. SmartCare will make a minimum of 3 attempts to reach you.

Supply of Information
It is a requirement of the claimant to provide all required information as outlined in the claim form. Read the sections carefully and be sure to provide photos as described. If the correct photos and documentation are not supplied within 5 days of the stain or damage occurring, SmartCare cannot guarantee the complete removal or complete repair of accidental stains or damages.

Immediate Attention of Accidental Stains
(a) If any accidental damage or stain should occur, you should immediately attend to it by following the instructions on the product labels, and in addition, seek care advice on this website. Alternatively, contact SmartCare customer service center in Australia on 1300 979 771 for assistance.

Non-Removable Stains
(a) If a stain cannot be removed or the furniture is damaged, SmartCare will provide a service technician to inspect the damaged area of your leather furniture at no cost to you. Should the service technician be unable to remove the stain and/or repair the damage, SmartCare P/L will, at its discretion, arrange for the stained or damaged area to be replaced at no cost and the Leather Protection Plan conditions and term will continue.
IMPORTANT INFORMATION: By purchasing your SmartCare Protection Plan you understand and accept that any repair or cleaning to any damage or stain pursuant to the conditions may not restore the furniture to a ‘like new’ state, and that SmartCare does not guarantee that after repair or cleaning that the furniture will be exactly the same or ‘like new’.
(b) Leather Repairs: No two surface grains of leather fibers are identical in a leather hide structure, and as such, color variations may occur in the finish of your repaired hides. While SmartCare does their utmost to obtain the best color match possible, we cannot guarantee a perfect leather color/texture match to your original sofa.
(c) Panel Replacement: If the stain or damage cannot be removed or repaired, SmartCare reserves the right to provide the closest possible color and texture match with the materials that are available and to replace the damaged area, but cannot guarantee an exact color/texture match.
(d) Important: Accidental stains and damages must be reported to SmartCare within 5 days of occurrence otherwise they will not be covered by this Leather Protection Plan.
(e) Please note: Where a technician upon inspection of your furniture deems the issue to be a manufacturer fault, the opinion of the technician will be final and the issue will not be covered by the Protection Plan. In such cases, we recommend that you contact the retailer to discuss the issue further as you may have rights under warranty or the Australian Consumer Law.
(f) SmartCare’s liability is limited to a maximum of the original purchase price of the damaged sofa or SmartCare purchase price, whichever is the lesser. In the event that the original furniture is replaced, the replaced furniture becomes the property of SmartCare. The new furniture will not be covered under this Protection Plan and the Protection Plan will be concluded.

What is covered?
Accidental Damage such as:
(a) Rips
(b) Cuts and Tears
(c) Scuffs and Grazing
(d) Pulled Stitching
(e) Cigarette Burns

Accidental Stains such as:
(f) Food and Drink
(g) Acetone and Lipstick
(h) Nail Polish
(i) Blood and Bodily fluids (Excluding sweat)
(j) Corrosive Chemicals and Acids
(k) Paint
(l) Gum
(m) Crayons and soaps
(n) Creams
(o) Hair dye spills
(p) Fake tanning spills
(q) Cosmetic solutions
(r) Adhesives
(s) Pet stains but not pet damage (e.g., anything caused by jaws and/or claws)

Accidental stains and damages caused by children
SmartCare will cover accidental stains and damages caused by children where an accident is defined as an unexpected event which occurs suddenly, resulting in damage and could not reasonably have been anticipated or prevented. Every reasonable precaution should be taken to avoid accidental stains or damage. Where a child uses crafts on a furniture item (e.g., drawing with pencils, textas, crayons, pens) or a child plays with things such as playdoh or slime, this places your furniture at high risk of being stained or damaged. If these things have occurred, your claim may be classed as neglect and may not be covered. Please refer to the Definitions section in these terms and conditions. SmartCare reserves the right to assess these types of claims based on their individual circumstances.
Any accidental damage or stains caused by children that are of an unusually large, repetitive, or aggressive nature, will be assessed individually on a case-by-case basis.

4. What is not covered?
(a) Products covered in nubuck or suede leather and other unfinished leathers.
(b) Pet damage caused by “jaws and claws”.
(c) Dye transfer (e.g., dyes resulting from accessories, clothing, newspaper, or hair).
(d) Unidentifiable stains or damage and accidents that are inconsistent with the original claim.
(e) Loss/removal of buttons, damage to zippers, frames, mechanical or electrical parts, or resilience of internal filling, foams.
(f) Accumulated or multiple stains/damages. (Note: This Leather Protection Plan is for accidental stains and damage only. Such stains or damage must be reported to SmartCare within 5 days of their occurrence. Accumulated or multiple stains will be regarded as general wear and tear and not covered by the Leather Protection Plan.)
(g) Damage caused by deliberate and/or repetitive acts (by pets and humans – e.g., kids using the furniture as a trampoline), acts of abuse or vandalism, acts of neglect.
(h) Rips or tears where split-hide leathers are used in wear areas (Note: This will be deemed as a manufacturing fault and should be discussed with the retailer. Our SmartCare technician will gladly provide a written report where split hides have been used and will detail the cause of the damage at the customer’s cost.)
(i) Damage resulting from your failure to follow care instructions and not testing the care products on a hidden area of the leather or damage arising from misuse of the care products.
(j) Damage caused by accidental or excessive spillage of the care products onto the furniture or any other surface, including carpets, flooring, or other household items.
(k) Damage caused by contractors or tradespeople working on your premises.
(l) Damage resulting from fair wear and tear, including sunlight or fading, including pilling, fading, creasing, or puddling (stretching of leather) or any stains from perspiration, body hair/oil, or any kind of medication.
(m) Damage resulting from force majeure (e.g., Acts of God, natural disasters, etc.) and fire or fire damage.
(n) Where damage is or can be or should be the subject of an insurance claim or a claim against the manufacturer or retailer.
(o) Any offensive odors that result from pet or other exposure to external stains are not covered.
(p) Structural faults covered by the manufacturer warranty or the Australian Consumer Law.
(q) Flaws/pre-existing flaws, defects, or manufacturer recalls in leather/fabric.
(r) Damage caused by transportation, moving the furniture in the home or storage, or assembly/disassembly of furniture.
(s) Damage caused by rodents, insects, or other forms of wildlife (these are not classed as pets).
(t) In some cases, the furniture may be too dirty to carry out an effective repair. A cost for the cleaning of the furniture prior to carrying out the repair shall be your responsibility.
(u) This Leather Protection Plan does not extend to any other damages or loss to a person or property directly or indirectly that result from misuse or incorrect use of the furniture or care products.
(v) Stains or damage caused by medications.
(w) Sweat stains.
(x) Cracking, peeling, and de-lamination of upholstery as a result of wear and tear or a potential manufacturing defect and is therefore not covered by this accidental damage plan.
(y) Stains & damages that are older than 5 days prior to being reported.
(z) Any build-up of mold, grime, or dirt over a long period of time does not fit the definition of an accident.

5. Suspicious or Fraudulent Claims
SmartCare reserves the right in its absolute discretion to cancel the protection plan policy and provide a full refund of the purchase price of the protection plan if SmartCare suspects or reasonably believes that the customer is being unreasonable or unfair in their expectations of the protection plan or is acting suspiciously or fraudulently in making claims or is in the opinion of SmartCare making excessive claims.
Example: Multiple claims in a very short period of time may be considered neglectful or suspicious.

6. Limited Liability
This Leather Protection Plan does not extend to any other damages or loss to a person or property directly or indirectly resulting from misuse or incorrect use of the furniture or care products. This Leather Protection Plan does not exclude or restrict any condition or warranty imposed or implied by any consumer legislation in the country in which the furniture is sold.
SmartCare will cover repairs to the retail price of the sofa but at any time, we reserve the right to replace the sofa at our cost and cancel the protection plan once a replacement has occurred.

7. What if I live in a remote area?
(a) SmartCare reserves the right to limit the distance our service technicians will travel to claims in remote areas.
(b) SmartCare reserves the right to determine the definition of “remote area” which is generally defined as any area outside of a 150km traveling limit from an authorized SmartCare service technician.
(c) In such circumstances, SmartCare will pay for repairs and honor claims but reserves the right, under SmartCare’s discretion, to require at your cost to arrange and pay for transportation to and from the authorized repairer’s residence outside of a given distance.

8. What if SmartCare can’t fix the damage?
(a) SmartCare’s leather specialists are fully trained in expert repairs, but sometimes even they cannot fix the damage. Generally, the standard of the repair is dictated by the type of leather. Fully pigmented, finished, and most semi-aniline hides usually ensure the best repair outcome.
(b) SmartCare will try to obtain the original leather, stitching, threads, or similar leather, stitching, threads colored (and textured) to match the original leather to replace the damaged area. However, SmartCare cannot guarantee an exact color/texture match. In such circumstances, SmartCare will provide the closest possible color/texture match available at the time.
(c) Please Note: Even when/if SmartCare needs to replace a section of your furniture, that new section is still covered by your Leather Protection Plan for the remainder of the Leather Protection Plan’s duration, provided the repair cost does not exceed the original purchase price, or SmartCare’s replacement cost, whichever is the lesser.
(d) If SmartCare carries out a repair that you’re not happy with, SmartCare will:

Refund the purchase price of your Leather Protection Plan or
Pay the excess on your house and contents insurance to the amount limited to the particular furniture damage claim – if your insurance covers such claims – whichever is the lesser. Your SmartCare policy limits your claim to one payment of your insurance excess.
Allow you to re-select a replacement piece of furniture from the original retailer. If you fail to reselect a replacement piece of furniture within 15 days, SmartCare will refund the purchase price of your Leather Protection Plan. At this point, this Leather Protection Plan is deemed complete and this Leather Protection Plan comes to an end. Note: Where the price of the re-selected product exceeds the original purchase price the customer agrees to pay the difference.
(e) If SmartCare chooses not to repair your furniture and instead, at its discretion, chooses to replace it, your cover under this Leather Protection Plan in all cases, is limited to a maximum amount equal to the actual purchase price of the furniture or SmartCare purchase price, whichever is the lesser. At this point, SmartCare’s obligation under this Leather Protection Plan is deemed complete and this Leather Protection Plan comes to an end. Any replaced furniture becomes the property of SmartCare Limited and your new replacement furniture is no longer covered by the SmartCare Leather Protection Plan.

Upholstery Repair and Material Match Disclaimer
In the event that a repair is required under this protection plan and the original upholstery material—whether fabric or leather—is no longer available from the manufacturer or supplier, we will make every reasonable effort to source and use the closest possible match in terms of color, texture, and quality. However, we cannot guarantee an exact match to the original material. If the customer is not satisfied with the alternative material provided, they may request a full refund of the original purchase price of the protection plan. This refund will constitute the full and final settlement of any claims related to material mismatch under the plan.

9. Your Rights as a Consumer
This product comes with guarantees that cannot be excluded under the Australian and New Zealand Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the product fails to be of acceptable quality and the failure does not amount to a major failure (Consumer Guarantees).

Consumer Guarantees apply to the supply of goods or services under the Australian Consumer Law, Schedule 2 to the Competition and Consumer Act 2010, or the Consumer Guarantees Act (1993) for New Zealand Consumers, and cannot be excluded, restricted, or modified by agreement.
The limited warranty provided under the Leather Protection Plan applies in addition to the Consumer Guarantees (and any warranty offered by the retailer) and does not exclude, restrict, or modify the application of any condition, warranty, guarantee, right, or remedy conferred by or implied under any provision of any statute where to do so would contravene that statute, or cause any part of this clause to be void.
To the fullest extent permissible by law, SmartCare excludes consequential loss of any kind (including, without limitation, loss of use of your furniture) and (other than expressly provided for in these terms and conditions) all terms, conditions, and warranties implied by custom, the general law, or statute.

10. Updating these Terms & Conditions
SmartCare reserves the right to update these conditions from time to time where necessary. The current version of these terms and conditions will always be available to you by visiting amart.upcareonline.com. You are protected by Australian & New Zealand Consumer Law against any variations that may be deemed unfair and any updates will be made in the best interest of the consumer to add further clarity to the existing versions of the terms and conditions.

This Leather Protection Plan is given by UPcare International Pty Ltd (ACN: 613651737)
For further information, contact SmartCare on: 1300 979 771