Terms and Conditions
Service and Repair
1. Definitions and Interpretation
In these terms and conditions:
Customer means the person or entity named in the Invoice;
Goods mean any products and or related parts and components
supplied by Aestec Australia Pty Ltd, its agents or contractors during the provision of
GST means goods and services tax in accordance with
Goods and Services Tax Act 1999 (Cth);
Invoice means the invoice issued by Aestec Australia Pty Ltd, its agents or
contractors for the supply of Goods or the provision of Services;
Order means any order for or any statement of intent to purchase
Goods or Services placed by the Customer with Aestec Australia Pty Ltd;
Aestec Australia means Aestec Australia Pty Ltd ACN 635240792
Services mean all services, installation, commissioning,
maintenance or repairs provided by Aestec Australia, its agents or
contractors in relation to any products, appliances, or any other
Goods or services referred to in the Invoice; and
Back to Base means the workshop listed in the Invoice.
Once the client has requested a service/repair and has been accepted by Aestec Australia, its agents or contractors. That acceptance cannot be cancelled by the Customer.
The supply of Goods and Services by Aestec Australia, its agents or contractors is subject to availability.
Aestec Australia, its agents or contractors reserves the right, at any time and for any reason, to suspend or discontinue the supply of Goods or the provision of Services to the Customer without penalty.
Where a quotation has been given by Aestec Australia, the price or rate is that specified in the quotation. The price for any Goods provided will be in accordance with the Aestec Australia price list current at the date of supply and the charge for the Services will be at the Aestec Australia, its agents or contractors prevailing rates at the time of supply.
Unless otherwise specified, all prices are exclusive of GST and any GST applicable to the supply of Goods and or provision of Services will be indicated on the Invoice produced to the Customer.
Unless specified otherwise, the estimated amount shown on the invoice includes all parts, labour, transportation required for the repair of the product and any applicable tax.
Aestec Australia may hold you responsible for the diagnostic/call out fee includes any applicable tax, if:
Aestec Australia, its agents or contractors inspects your product, provides an estimate for you, and you do not authorise Aestec Australia, its agents or contractors to undertake the repairs for the estimated charges.
Aestec Australia, its agents or contractors determine, while inspecting your product, that additional repairs are needed due to failures of parts - or are needed due to damage caused by abuse, misuse or misapplication - Aestec Australia, its agents or contractors reserves the right to return the product to you without repairing it. You will be responsible for the diagnostic fee on the invoice (this fee includes any applicable tax).
To the maximum extent permitted by law, Aestec Australia, its agents or contractors will not be responsible for any damage to the product that occurs during the repair process that is a result of any unauthorized modifications or repairs or replacements not performed by Aestec Australia, its agents or contractors. If damage results, Aestec Australia, its agents or contractors will seek your authorization for any additional costs for completing service. If you decline authorization, Aestec Australia, its agents or contractors may return your product unrepaired in the damaged condition without any responsibility.
The Customer must make immediate payment upon receipt of the invoice, prior to the service commencing.
A surcharge of 1% will be applied to all payments by credit card.
Time is of the essence in respect of the Customer’s obligation to make payment for Goods and Services supplied by Aestec Australia, its agents or contractors to the Customer.
It is the discretion of Aestec Australia as to the location of where repairs can be completed. At time of booking, the client can request a priority repair. A priority repair will incur an ‘express service ’ fee
If the repairs are minimal and can be completed on site, the Customer agrees to give clear and safe access to an unused room (not including bathroom facilities) for the repairs to be fulfilled Aestec Australia, its agents or contractors.
Shipping Back to Base
The Customer agrees to give clear and safe access to the Site for the courier to collect the product to take to the nominated workshop.
Once received at the nominated workshop, the repairs can take up to 7 business days, subject to availability of parts or accessories.
The Customer shall pay:
Any service call out fee if the Goods are deemed to be functioning as they should when Aestec Australia, its agents or contractors attend site.
Any service call out fee if the Goods are not accessible and as a result not serviceable;
Any service call out fee if the Goods are not installed in accordance with manufacturer’s installation instruction, applicable standards and or regulations, and as a result not serviceable; and
All costs and expenses associated with making the Goods accessible for Service, such as the labour cost for an additional persons(s) due to Occupation, Health and Safety requirements.
Title in Goods
The title and ownership in the Goods remain with Aestec Australia, its agents or contractors until full payment is received for all the Goods.
Aestec Australia, its agents or contractors warrants against:
Defective Goods supplied during the provision of the Services for a period of 6 months from the date the Services are provided (Goods Warranty); and
Defective workmanship for Services for a period of 90 days from the date the Services are provided (Services Warranty).
Any claim under the Goods Warranty or the Services Warranty must be notified to Aestec Australia, its agents or contractors as soon as possible after the Customer becomes aware of the defect providing all relevant details of the claim.
If Aestec Australia Pty Ltd, its agents or contractors repairs your product under warranty, the repairs will be covered solely by the terms of the warranty and applicable provisions of law.
If your product is repaired outside of warranty, Aestec Australia Pty Ltd, its agents or contractors warrants The repairs will be performed in a competent and workmanlike manner and all parts used to repair your product will be free from defects in materials and workmanship for a period of ninety (90) days, unless otherwise specified by Aestec Australia Pty Ltd, its agents or contractors.
The warranty on parts is an express limited warranty. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods. If a defect exists in a replacement part during the part's warranty period, at its option, Aestec Australia Pty Ltd, its agents or contractors will:
Repair the part using new, used or reconditioned replacement parts,
Replace the part with a new, used or reconditioned equivalent part, or
Refund the fair market value of the part, as determined by Aestec Australia.
TO THE EXTENT PERMITTED BY LAW THIS WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO THE REPAIR PARTS.
Limitation of Liability
Other than the warranties set out in these terms and conditions, Aestec Australia, its agents or contractors excludes any other warranty or condition which would otherwise be
implied in relation to the supply of Goods and the provision of Services.
To the extent permitted by law, Aestec Australia, its agents or contractors limit its liability to:
(a) in the case of Goods supplied during the provision of Services:
(i) the replacement or repair of Goods or the supply of equivalent goods; or
(ii) the payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods;
(b) in the case of Services:
(i) the supply of Services again; or
(ii) the payment of the cost of having Services supplied again.
Aestec Australia, its agents or contractors are not liable for any injury, loss or damage of any kind whatsoever if the client doesn’t maintain, or use the device in accordance with manufacturers user manual.
Australian Consumer Law
Goods and Services provided by Aestec Australia, its agents or contractors come with guarantees that cannot be excluded under the Australian Consumer Law:
For a major failure with a Good, the Customer is entitled to a replacement or refund.
If the failure does not amount to a major failure and if the Goods fail to be of acceptable quality, the
Customer is also entitled to have the Goods repaired or replaced;
For a failure with the Service, the Customer is entitled to have problem/s with the Service rectified in a reasonable time.
Cancellation and Recovery of Debt
If the Customer does not make any payment by the day of service or repairs, or commits any other material breach of these terms and conditions, Aestec Australia, its agents or contractors (without limiting any other right or claim it may have against the Customer), do any or all of the following:
Charge the Customer interest at a rate equivalent to two percent (2%) in excess of the rate of interest for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983 on any portion of the Customer’s account that is overdue;
Cancel or suspend any incomplete Orders or cease providing Services;
Terminate any contract between Aestec Australia, its agents or contractors and the Customer and demand immediate payment of any monies due and outstanding under those contracts; and Institute any recovery process as Aestec Australia, in its absolute discretion considers necessary, and at the Customer’s cost and expense.
These terms and conditions are governed and interpreted according to the laws of Victoria, and Aestec Australia, its agents or contractors and the Customer agree to submit to the jurisdiction of the Courts of Victoria.
Aestec Australia may amend or vary these terms and conditions at any time by posting an amended copy on Aestec Australia’ s website (www.aestecaustralia.com.au) and providing a copy to the Customer when an Order is placed for the supply of Goods or provision of Services. The Customer agrees to be bound by these terms and conditions as amended.
These Terms and Conditions are the only ones that govern Aestec Australia, its agents or contractors repair of your product. Except as otherwise stated in these Terms and Conditions, no other oral or written terms or conditions apply, including those in any purchase order that you provide to Aestec Australia.