BY USING THIS WEBSITE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE AND THAT YOU AGREE TO BE BOUND BY THEIR TERMS. PLEASE READ THESE TERMS AND CONDITIONS OF USE VERY CAREFULLY BEFORE USING ANY OF THE SERVICES DESCRIBED BELOW OR PLACING BOOKINGS/ORDERS FOR ANY PRODUCTS OR SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, PROMPTLY EXIT THIS WEBSITE.
In these Terms and Conditions, Adelaide Oven Repairs® (or "we", "our", "us") means Adelaide Corporate Pty Ltd ABN 13 145 484 313 trading as Adelaide Oven Repairs® (registered trademark number 2442368). "Our website" means the URL you have visited, and "you" and "your" means you, the customer.
These Terms and Conditions together with your booking/order and the relevant reference number provided to you constitute the entire contract between us and you for the supply of products/services. No other Terms and Conditions will apply.
Nothing in these Terms and Conditions or our Warranty Policy excludes, restricts, or modifies your rights under the Australian Consumer Law (ACL) or any other applicable consumer protection laws. Our services come with guarantees that cannot be excluded under the ACL.
Under the ACL, we guarantee that:
If we fail to meet these guarantees:
For more information about your consumer rights:
Where these Terms and Conditions reference ACL rights, they refer to this section. Nothing in subsequent sections limits these rights unless expressly permitted by law.
An offer to purchase Goods/Services is made when you submit a booking via our website or telephone. Your offer is accepted, and a binding contract is formed upon Adelaide Oven Repairs® providing you with a booking confirmation.
Only individuals aged 18 years or older can enter into a contract through our website or telephone.
By making a booking or accepting Goods/Services, you agree to these terms and conditions. If multiple parties are involved, they are jointly and severally liable for the Price.
These terms are binding once accepted unless amended in writing with mutual consent from Adelaide Oven Repairs®.
Customer Details: You must provide at least 30 days' written notice for any changes regarding your ownership, name, or other details like address or business practices. Failure to do so might result in liability for any resultant loss to Adelaide Oven Repairs®.
You must collect your Appliance(s) or ordered Goods within 14 working days after being notified they are ready. Failure to collect within this period allows us to dispose of or sell these items, with any costs or losses passed onto you.
Non-stock items must also be collected within 14 working days post-notification. If not collected, we may send them to you via courier at your expense.
All written communications and materials provided by or to Adelaide Oven Repairs® contain proprietary or confidential information and must not be shared without our explicit written consent.
4.8 Scope of Preliminary Assessment
5.1 At Adelaide Corporate Pty Ltd's sole discretion, the Price shall be either:
(a) as indicated on invoices provided by Adelaide Corporate Pty Ltd to the Customer in respect of Goods/Services supplied; or
(b) Adelaide Corporate Pty Ltd's quoted Price (subject to clause 5.2) which shall be binding upon Adelaide Corporate Pty Ltd provided that the Customer shall accept Adelaide Corporate Pty Ltd's quotation within 7 days.
5.2 Adelaide Corporate Pty Ltd reserves the right to change the price at any time. At Adelaide Corporate Pty Ltd's sole discretion, a deposit may be required. At Adelaide Corporate Pty Ltd's sole discretion:
(a) payment shall be due on delivery of the Goods/Services; or
(b) payment shall be due before delivery of the Goods/Services.
5.3 Time for payment for the Goods/Services shall be of the essence and will be stated on the invoice or any other forms. If no time is stated, then payment shall be due seven (7) days following the date of the invoice. Payment will be made by cash, or by credit card, or by any other method as agreed to between the Customer and Adelaide Corporate Pty Ltd. GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
5.4 For special order parts or parts sourced on behalf of the Customer, full prepayment is required before the order is processed, as detailed in clause 11.3.
5.5 Payment at Completion — Non-Payment Protocol
5.5.1 All Services are performed on a cash-on-completion basis. No credit accounts are offered or implied under any circumstances.
5.5.2 Payment is due and payable immediately upon completion of the Service.
5.5.3 Where payment is not received upon completion — whether due to a declined transaction, unavailable funds, or failure of the owner/landlord to be contactable — Adelaide Corporate Pty Ltd will allow a waiting period of up to thirty (30) minutes at the Customer's premises. A waiting fee of $30.00 per fifteen (15) minutes applies during this period.
5.5.4 If full payment has not been received by the end of the waiting period, Adelaide Corporate Pty Ltd will, prior to departing the premises:
(a) Remove any part(s) supplied and installed during the Service, as title in those parts has not passed to the Customer pursuant to Clause 8.2;
(b) Leave the appliance in a non-operational state.
5.5.5 Adelaide Corporate Pty Ltd will not:
(a) Reinstall the Customer's prior faulty or defective component — doing so would constitute unsafe work practice and is outside the scope of the Service;
(b) Return to the premises to remove parts at a later time — part removal occurs only during the original attendance.
5.5.6 All labour charges for work performed during the original attendance remain due and payable regardless of whether parts are removed, as that labour has been delivered and cannot be reversed.
5.5.7 Following full payment of all outstanding amounts, a new appointment will be scheduled at the then-current service call and labour rates to refit the part(s).
5.5.8 Adelaide Corporate Pty Ltd accepts no liability for the non-operational state of the appliance following departure, as the appliance was non-operational prior to the engagement of Adelaide Corporate Pty Ltd's services.
6.1 At Adelaide Corporate Pty Ltd's sole discretion, delivery of the Goods/Services shall take place when:
(a) the Customer takes possession of the Goods/Services at Adelaide Corporate Pty Ltd's address; or
(b) the Customer takes possession of the Goods/Services at the Customer's nominated address (in the event that the Goods/Services are delivered by Adelaide Corporate Pty Ltd or Adelaide Corporate Pty Ltd's nominated carrier); or
(c) the Customer's nominated carrier takes possession of the Goods/Services, in which event the carrier shall be deemed to be the Customer's agent.
6.2 At Adelaide Corporate Pty Ltd's sole discretion, the costs of delivery are:
(a) included in the Price; or
(b) in addition to the Price; or
(c) for the Customer's account.
6.3 The Customer shall make all arrangements necessary to take delivery of the Goods/Services whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods/Services as arranged, then Adelaide Corporate Pty Ltd shall be entitled to charge a reasonable fee for redelivery.
6.4 Delivery of the Goods/Services to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
6.5 The failure of Adelaide Corporate Pty Ltd to deliver shall not entitle either party to treat this contract as repudiated. Adelaide Corporate Pty Ltd shall not be liable for any loss or damage whatever due to failure by Adelaide Corporate Pty Ltd to deliver the Goods/Services (or any of them) promptly or at all.
6.6 For parts sourcing and lead times, refer to clause 11.1.
If Adelaide Corporate Pty Ltd retains ownership of the Goods/Services nonetheless, all risk for the Goods/Services passes to the Customer on delivery. If any of the Goods/Services are damaged or destroyed following delivery but prior to ownership passing to the Customer, Adelaide Corporate Pty Ltd is entitled to receive all insurance proceeds payable for the Goods/Services.
Whilst Adelaide Corporate Pty Ltd will take all due care, Adelaide Corporate Pty Ltd shall not accept liability for any minor cosmetic damage (including but not limited to, scratches, cracks, and dents) that may be caused during the delivery, repair, or removal of the Appliance.
Whilst Adelaide Corporate Pty Ltd will take all due care, Adelaide Corporate Pty Ltd shall not accept liability for any:
(a) damage caused to any thoroughfare used by Adelaide Corporate Pty Ltd in accessing the Appliance or which may be used during its delivery, repair, or removal;
(b) damage caused to the area directly surrounding the Appliance which needs to be used in order for Adelaide Corporate Pty Ltd to repair the Appliance;
(c) damage caused to any furnishings or floor coverings during the delivery, repair, or removal of the Appliance.
Whilst Adelaide Corporate Pty Ltd will take all due care, Adelaide Corporate Pty Ltd shall not accept any liability for any water damage caused during the testing, disconnection, reconnection, or subsequent operation of the appliance by Adelaide Corporate Pty Ltd. The Customer will supply any and all necessary items (including, but not limited to towels and buckets) in the event that water spillage occurs.
Rectification of any damage as described in clause 7 shall be the sole responsibility of the Customer.
Adelaide Corporate Pty Ltd shall accept no liability for, or damages caused, due to the failure of any further components on or part of an Appliance subsequent to repairs undertaken by Adelaide Corporate Pty Ltd, unless due to the negligence of Adelaide Corporate Pty Ltd. In the event of such a failure, the cost of repair or replacement of all such components or any damages shall be the responsibility of the Customer.
Other than Section 9, to the extent limited by applicable law, the parties agree to indemnify and hold harmless the other party, and any of its affiliates or subsidiaries, and all of its directors, officers, agents, contractors, volunteers and employees, from any and all claims or liabilities, including, but not limited to, injury, death and/or damage to property, which may arise from the indemnifying parties' performance of this contract, except to the extent that such claims or liabilities arise from the gross negligence or wilful action or inaction of the other indemnified party or its affiliates or subsidiaries.
Exclusion of Consequential Loss: To the extent permitted by law, Adelaide Oven Repairs® and the Customer mutually agree that neither party shall be liable to the other for any indirect, special, or consequential damages or losses. This includes but is not limited to:
Reasonableness: This exclusion is considered reasonable given that the extent of such damages is often unpredictable, and both parties have the opportunity to insure against such risks if they choose to do so.
Statutory Rights: Nothing in this clause is intended to exclude or limit liability for:
Direct Damages: For clarity, this clause does not affect claims for damages that are direct results of a breach of contract, where such damages are reasonably foreseeable and within the scope of the contract's intent.
8.1 Adelaide Corporate Pty Ltd and Customer agree that ownership of the Goods/Services shall not pass until:
(a) the Customer has paid Adelaide Corporate Pty Ltd all amounts owing for the particular Goods/Services; and
(b) the Customer has met all other obligations due by the Customer to Adelaide Corporate Pty Ltd in respect of all contracts between Adelaide Corporate Pty Ltd and the Customer.
8.2 Receipt by Adelaide Corporate Pty Ltd of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Adelaide Corporate Pty Ltd's ownership or rights in respect of the Goods/Services shall continue.
8.3 It is further agreed that:
(a) where practicable the Goods/Services shall be kept separate and identifiable until Adelaide Corporate Pty Ltd shall have received payment and all other obligations of the Customer are met;
(b) until such time as ownership of the Goods/Services shall pass from Adelaide Corporate Pty Ltd to the Customer, Adelaide Corporate Pty Ltd may give notice in writing to the Customer to return the Goods/Services or any of them to Adelaide Corporate Pty Ltd. Upon such notice the rights of the Customer to obtain ownership or any other interest in the Goods/Services shall cease;
(c) Adelaide Corporate Pty Ltd shall have the right of stopping the Goods/Services in transit whether or not delivery has been made;
(d) if the Customer fails to return the Goods/Services to Adelaide Corporate Pty Ltd then Adelaide Corporate Pty Ltd or Adelaide Corporate Pty Ltd's agent may enter upon and into land and premises owned, occupied or used by the Customer, or any premises as the invitee of the Customer, where the Goods/Services are situated and take possession of the Goods/Services;
(e) the Customer is only a bailee of the Goods/Services and until such time as Adelaide Corporate Pty Ltd has received payment in full for the Goods/Services then the Customer shall hold any proceeds from the sale or disposal of the Goods/Services on trust for Adelaide Corporate Pty Ltd;
(f) the Customer shall not deal with the money of Adelaide Corporate Pty Ltd in any way which may be adverse to Adelaide Corporate Pty Ltd;
(g) the Customer shall not charge the Goods/Services in any way nor grant nor otherwise give any interest in the Goods/Services while they remain the property of Adelaide Corporate Pty Ltd;
(h) Adelaide Corporate Pty Ltd can issue proceedings to recover the Price of the Goods/Services sold notwithstanding that ownership of the Goods/Services may not have passed to the Customer;
(i) until such time that ownership in the Goods/Services passes to the Customer, if the Goods/Services are converted into other products, the parties agree that Adelaide Corporate Pty Ltd will be the owner of the end products.
The Customer hereby disclaims any right to rescind, or cancel any contract/agreement with Adelaide Corporate Pty Ltd or to sue for loss or damage or to claim restitution arising out of any unintentional action, or error, or omission, or misrepresentation or accidental damage made to the Customer or their property by Adelaide Corporate Pty Ltd and the Customer acknowledges that the Goods/Services are bought relying solely upon the Customer's skill and judgment, subject to warranties provided in Section 10 and rights under Australian Consumer Law.
Each party agrees not to disparage or otherwise bring into disrepute or otherwise cause any injury or potential injury or damage to the good name and standing of the other, either orally or in writing.
For purposes of this Section, "disparage" shall mean any negative statement, whether written or oral, about Adelaide Oven Repairs®. The parties agree the term "disparaging" is broader than the term "defamatory" and can mean "anything that detracts or discredits," or "to bring discredit or reproach upon; to dishonour, discredit, defame; to lower in credit or esteem."
The Parties agree that it would be impossible, impractical or difficult to ascertain actual damages suffered by publication of disparaging public material. Therefore, the person(s) breaching this non-disparagement clause accordingly hereby agrees that two thousand dollars ($2,000) shall be minimum costs incurred to undertake an action to remedy/remove said material. The full damages will only be realised when a court order is handed down. Those disparaging statement(s)/materials shall be determined in the first instance by the party being offended. Such breach will be pursuant to the terms and conditions of section 9 herein, to have occurred, without prejudice to the rights of either party to also seek injunctive or other equitable relief.
The parties agree and acknowledge that this non-disparagement provision is a material term of this Agreement, the absence of which would have resulted in the Company refusing to enter into this Agreement.
Note: Non-disparagement clauses in consumer contracts may be deemed unfair under the Australian Consumer Law and could be unenforceable. This clause is mutual and intended to protect legitimate interests, but you retain all rights under the ACL to provide honest feedback or reviews subject to the restrictions in Section 9.3.
(a) "Customer" for review purposes means ONLY a person who:
(b) "Non-Customer" means any person who does NOT meet ALL criteria in 9.3.1(a), including:
All persons accessing adelaideovenrepairs.com.au agree via click-wrap acceptance to these Terms and Conditions. The website displays:
"G'day visitor, just a heads-up! This is not a public website and your use of this website indicates that you agree to abide by our Terms of Service. If you do not agree to these terms, please click the 'Leave Site' button now. You can also click 'I Accept' to agree to the terms and make this annoying banner go away!"
By clicking "I Accept" or continuing to use the website, you specifically agree to:
Non-Customers acknowledge and agree that:
(a) They have no contractual relationship with Adelaide Corporate Pty Ltd
(b) They have no legitimate basis to post reviews about services they did not contract for and pay for
(c) They have no standing to comment publicly on pricing, quality, or business practices
(d) Any review posted by a Non-Customer constitutes:
Where services are performed at a rental property:
(a) ONLY the property owner (if owner contracted and paid) is the Customer
(b) Tenants, occupants, or residents are NOT Customers
(c) Tenants have NO standing to review services contracted by property owner
(d) Tenant complaints must be directed to property owner, not published publicly
(e) Tenant reviews constitute breach of this agreement and injurious falsehood
Why this restriction exists:
Neighbors, friends, family members, or other third parties who:
Are explicitly prohibited from posting reviews. Such persons are Non-Customers and have no standing to comment on services they did not personally receive and pay for.
Customers (as defined in 9.3.1) retain the right to post honest reviews, subject to:
(a) Reviews must be truthful and factually accurate
(b) Reviews must relate only to services Customer personally received
(c) Customer should attempt dispute resolution (Section 9.7) before posting negative review
(d) Reviews must not be malicious, defamatory, or posted for extortion purposes
(e) Customer must be able to prove Customer status (invoice, payment receipt)
(f) Reviews must not violate Section 9.2 non-disparagement provisions
Any person posting a review bears the burden of proving Customer status by providing:
(a) Invoice showing their name as the paying party
(b) Proof of payment (receipt, bank statement, credit card statement)
(c) Evidence of contract formation (booking confirmation, work order)
Failure to provide proof = presumption of Non-Customer status
Adelaide Corporate Pty Ltd may demand proof of Customer status from any reviewer at any time. Failure to provide proof within 7 days constitutes admission of Non-Customer status.
If a Non-Customer posts a review, Adelaide Corporate Pty Ltd may:
(a) Demand immediate removal of review in writing
(b) Report review to platform (Google, Facebook, etc.) as fraudulent/fake
(c) Pursue legal action for:
(d) Seek damages including:
Customer acknowledges that:
(a) Google, Facebook, and similar review platforms are public forums
(b) Reviews posted on these platforms can cause significant business harm
(c) Star ratings aggregate in ways that may not reflect actual service quality
(d) Review platforms rarely verify reviewer identity or Customer status
(e) Adelaide Corporate Pty Ltd has limited ability to remove false reviews without court orders
Due to these factors, Adelaide Corporate Pty Ltd takes Non-Customer reviews very seriously and will pursue all available legal remedies.
Customers who wish to post reviews should:
(a) First attempt dispute resolution through Section 9.7 process (14 days)
(b) Allow Adelaide Corporate Pty Ltd reasonable opportunity to address concerns
(c) Only post reviews after good-faith attempt at resolution
Posting reviews before attempting dispute resolution may constitute breach of Section 9.2 non-disparagement if review is negative, false, or malicious.
Nothing in this Section 9.3 prevents:
(a) Customers from lodging complaints with Consumer and Business Services (CBS)
(b) Customers from seeking redress through courts or tribunals
(c) Customers from exercising rights under Australian Consumer Law
(d) Customers from providing honest, factual reviews after dispute resolution
(e) Customers from reporting genuine safety concerns to authorities
This section restricts only:
Assessment of Damages: The Parties recognize that in the event of a breach of the Mutual Non-Disparagement clause (Section 9.2) or Customer Standing provisions (Section 9.3), it may be challenging to precisely calculate actual damages due to the intangible nature of reputational harm and the costs associated with legal action.
Predetermined Amount: Therefore, the Parties agree that a sum of AUD $2,000 represents a reasonable pre-estimate of the minimum damages, including but not limited to:
Fairness and Reasonability: This amount is agreed upon as a genuine pre-estimate of loss and not as a penalty. It aims to compensate Adelaide Oven Repairs® for the anticipated harm and expenses rather than to punish the breaching party.
Additional Damages: This liquidated damages clause does not preclude Adelaide Oven Repairs® from seeking additional compensation if actual damages exceed this amount, subject to proof of such additional losses. Conversely, should the actual damages be less than this amount, the payment of $2,000 shall be considered full and final settlement for this breach.
Legal Review: The Parties acknowledge that this clause's enforceability depends on its reasonability under South Australian law, where courts may assess whether the amount is a genuine pre-estimate of loss rather than a punitive measure. Both parties agree to this clause being subject to judicial review to determine its fairness and enforceability, should it come to that.
Note: Liquidated damages must be a genuine pre-estimate of loss to be enforceable under Australian law; if deemed a penalty, it may be unenforceable.
The Customer hereby agrees to follow this dispute resolution procedure.
Before the Customer commences any legal proceedings or other external means to reach a resolution in relation to a dispute arising out of or in connection with the contract, the parties must follow the following escalation procedure:
9.5.1 The Customer must notify Adelaide Corporate Pty Ltd in writing advising of:
9.5.2 Adelaide Corporate Pty Ltd will respond within 14 days with proposed resolution
9.5.3 If a suitable resolution cannot be reached within 14 days, the customer agrees to file a complaint with Consumer and Business Services (CBS).
9.5.4 The parties must resolve the dispute by reference to the procedures and directions of the CBS or the equivalent government department in the State where the Goods/Service has been provided.
In the event of a default by the customer under these terms, the customer hereby accepts that they will be liable for any legal fees (including but not limited to recovery and court fees/costs incurred in relation to the enforcement of any non-payment of any service call, attendance, labour, repairs, parts, diagnostic works or any other goods and or services, and for enforcement of Sections 9.2, 9.3, and 9.4 relating to non-disparagement and review restrictions).
9.7.1 While Adelaide Oven Repairs® endeavours to provide high-quality service and fair resolutions for part defects, customers accept that external factors, such as international supplier policies or manufacturing defects, may impact the resolution process.
9.7.2 Customers dissatisfied with a supplier's warranty outcome may choose to lodge a complaint directly with consumer protection authorities or take legal action against the supplier. Adelaide Oven Repairs® will assist with documentation or evidence to support such actions if appropriate.
Adelaide Oven Repairs® provides warranties on our workmanship and parts as detailed in our separate Warranty Policy document, which forms an integral part of these Terms and Conditions.
Complete warranty terms, coverage details, exclusions, claim procedures, and ACL rights are provided in our Warranty Policy available at:
Nothing in this warranty limits your rights under the Australian Consumer Law as detailed in Section 2 of these Terms and Conditions. You may have rights beyond this warranty period for defects that were present at the time of service.
We hold no liability for cascading electronic failures or mechanical degradation (such as hinge fatigue or PCB failure) attributable to high-stress appliance functions, including but not limited to Pyrolytic Self-Cleaning. Customers acknowledge that these functions operate at extreme temperatures which can cause inherent component failure beyond our control.
We order parts in bulk from Europe. Parts are primarily ordered from Europe and can have long lead times. Parts are not ordered individually and air freighted direct from Europe. We order each part as required which gets added to an open docket. When that docket reaches a size/value the docket is then forwarded as a purchase order. The goods are then picked from the warehouse stock or ordered from the OEM supplier. When the parts are packed and weighed, an invoice for shipping is provided. An agency is then used to pay in Euro for the transaction to be completed. This can take a week for the funds to clear into the suppliers account. Finally the goods are loaded to transport and start their way to Australia. Customs processing occurs in accordance with Australian Border Force procedures, with timeframes varying and beyond our control. Eventually these parts arrive in our store for us to load into the van and notify the customer of the goods ready to proceed to a repair time appointment. So, if 6/8 weeks goes by and you haven't heard from us; that's not unusual.
Adelaide Corporate Pty Ltd shall not be liable for any delays in parts delivery due to supplier, shipping, or customs processes.
Want faster delivery times? We can spend time looking for supplies from local Australian Parts Suppliers. This can be a labour intense process because many of the parts supply company's in Australia have reduced staff and rely on limited personal contact to keep costs down. If we undertake to source parts locally we will quote accordingly, but an increased price is unavoidable.
When ordering parts on behalf of customers, please note the following conditions:
Prepayment Requirement: Customers are required to pay the full price of the parts upfront before we proceed with the order. This is necessary as we need to pay for parts locally, in advance.
Information Transparency: We will share any pertinent information provided by the supplier regarding the parts. However, please be aware that the supplier may offer limited information.
Cancellation Policy:
By proceeding with any parts order, the customer agrees to these terms and conditions.
The form is only for parts needing special order related to booked repair jobs. Over 95% of all repairs jobs are able to be completed from stock on hand.
We do not supply parts separate from a repair job. This ordering process is normally reserved for parts that are difficult to obtain in Australia.
12.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of four percent (4 %) per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment.
12.2 If the Customer defaults in payment of any invoice when due, the Customer shall indemnify Adelaide Corporate Pty Ltd from and against all costs and disbursements incurred by Adelaide Corporate Pty Ltd in pursuing the debt including legal costs on a solicitor and own client basis and Adelaide Corporate Pty Ltd's collection agency costs.
12.3 Without prejudice to any other remedies Adelaide Corporate Pty Ltd may have, if at any time the Customer is in breach of any obligation (including those relating to payment), Adelaide Corporate Pty Ltd may suspend or terminate the supply of Goods/Services to the Customer and any of its other obligations under the terms and conditions. Adelaide Corporate Pty Ltd will not be liable to the Customer for any loss or damage the Customer suffers because Adelaide Corporate Pty Ltd has exercised its rights under this clause.
12.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
12.5 Without prejudice to Adelaide Corporate Pty Ltd's other remedies at law, Adelaide Corporate Pty Ltd shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Adelaide Corporate Pty Ltd shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to Adelaide Corporate Pty Ltd becomes overdue, or in Adelaide Corporate Pty Ltd's opinion the Customer will be unable to meet its payments as they fall due; or
(b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
12.2 Default Administration Fee — Minimum Recovery Engagement
12.2.1 Where any invoice remains unpaid at the close of business on the date of service, the Customer's account is immediately in default.
12.2.2 Default automatically triggers a Minimum Recovery Engagement Fee of $500.00 which becomes immediately due and payable in addition to the outstanding invoice amount.
12.2.3 This fee represents a genuine pre-estimate of the minimum cost to Adelaide Corporate Pty Ltd of administering any recovery action, including but not limited to:
(a) Staff time identifying and documenting the default — minimum 1 hour at current labour rate ($140.00);
(b) Preparation and issue of formal demand notices;
(c) Telephone and written follow-up attempts;
(d) Referral to and engagement of debt collection or legal services;
(e) Preparation of any court claim or tribunal application;
(f) Court filing fees and disbursements;
(g) Opportunity cost of diverting business resources from revenue-generating activities to debt recovery.
12.2.4 This fee is not a penalty. It reflects the documented minimum cost of recovery based on the Company's experience of debt recovery administration. The Company's records show that no recovery action can be completed in less than the equivalent cost of this fee regardless of outcome.
12.2.5 Payment of the outstanding invoice before any formal recovery step is taken will result in the Default Administration Fee being waived at the Company's sole discretion.
12.2.6 The $500.00 fee represents the minimum recovery engagement cost only. All additional costs incurred beyond this minimum — including further staff time, solicitor fees, court costs, collection agency fees, and enforcement costs — remain recoverable in full pursuant to Clause 12.4.
Despite anything to the contrary contained herein or any other rights which Adelaide Corporate Pty Ltd may have howsoever:
(a) where the Customer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to Adelaide Corporate Pty Ltd or Adelaide Corporate Pty Ltd's nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Customer and/or the Guarantor acknowledge and agree that Adelaide Corporate Pty Ltd (or Adelaide Corporate Pty Ltd's nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
(b) should Adelaide Corporate Pty Ltd elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify Adelaide Corporate Pty Ltd from and against all Adelaide Corporate Pty Ltd's costs and disbursements including legal costs on a solicitor and own client basis.
(c) the Customer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint Adelaide Corporate Pty Ltd or Adelaide Corporate Pty Ltd's nominee as the Customer's and/or Guarantor's true and lawful attorney to perform all necessary acts to give effect to the provisions of this section.
All cancellations must be provided in writing (email, SMS, or online booking system). The date we receive written confirmation is the official cancellation date. Verbal cancellations are not binding.
(a) Cancellations made 24 hours or more before scheduled appointment: No fee
(b) Cancellations made less than 24 hours before scheduled appointment: $120.00 fee applies
(c) The $120.00 cancellation fee applies regardless of booking method
If we attend your property and no one is available:
If you reschedule within 24 hours of a cancelled or missed appointment, the $120.00 fee may be partially credited toward your rescheduled appointment at our discretion. This credit:
You acknowledge that:
Upon delivery, the Customer must inspect the Goods/Services to ensure they meet the agreed specifications, quantity, and condition.
Any defects, shortages, damages, or discrepancies must be reported to Adelaide Oven Repairs® within 14 calendar days of delivery. This period is set to allow a reasonable time for detection, considering the nature of the goods or services.
The Customer must provide Adelaide Oven Repairs® with a reasonable opportunity to inspect the Goods/Services if a defect is claimed. This inspection should be arranged within 7 days of the Customer's notification of the defect.
Failure to notify within this period may result in the presumption that the Goods/Services were delivered in satisfactory condition, free from defects as described or quoted.
Upon written acknowledgment by Adelaide Oven Repairs® that the Goods/Services are defective, our liability is limited, at our discretion, to either:
This limitation does not apply if you are a consumer under the Australian Consumer Law (ACL), where you retain the right to choose between:
Nothing in this clause limits or excludes your rights under the ACL, which provides for reasonable time frames for consumers to identify and report defects.
We reserve the right to decline or cease further diagnostic work where a manufacturer (e.g., ILVE, Miele) restricts access to proprietary technical data, diagnostic software, or parts to their own internal subsidiaries.
We are not obligated to continue billable diagnostics once we determine that a repair is likely uneconomic or that parts are "No Longer Available" (NLA). In such cases, our involvement is concluded, and the customer is referred to the manufacturer to exercise their rights under the Australian Consumer Law.
Returns will only be accepted provided that:
(a) the Customer has complied with the provisions of clause 15; and
(b) Adelaide Corporate Pty Ltd has agreed in writing to accept the return of the Goods/Services; and
(c) the Goods/Services are returned at the Customer's cost within seven (7) days of the delivery date; and
(d) Adelaide Corporate Pty Ltd will not be liable for Goods/Services which have not been stored or used in a proper manner; and
(e) the Goods/Services are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
Adelaide Corporate Pty Ltd may (in its discretion) accept the return of Goods/Services for credit but this may incur a handling fee of twenty percent (20%) of the value of the returned Goods/Services plus any freight.
Adelaide Oven Repairs® may collect a credit report containing personal credit information from a credit reporting agency for the purpose of:
The Customer and/or Guarantor consent to Adelaide Oven Repairs® using this information in accordance with the Privacy Act 1988 (Cth) and any applicable state privacy laws in South Australia.
Your personal information may be used for:
We may disclose your personal information to:
Adelaide Oven Repairs® commits to:
You can opt out of marketing communications at any time by contacting us in writing.
We will notify you of any significant changes to our privacy practices and provide you with the choice to accept or reject these changes where they affect your personal information.
(a) We respect your privacy and the privacy of our technicians.
(b) Many homes have security cameras, doorbell cameras, or other recording devices. We request that you inform our technician upon arrival if any recording devices will be active during the service visit.
(c) Under the Surveillance Devices Act 2016 (SA), it is an offense to record private conversations without consent of all parties. Our technicians will inform you if they need to decline service due to undisclosed recording.
(d) We respect your right to security systems. This clause is intended to ensure mutual privacy rights, not to prevent reasonable home security measures.
(e) Our repair methods and diagnostic techniques are proprietary. We request that detailed recording of our repair processes not be recorded, shared publicly or commercially without our consent.
Where the Customer has left any item with Adelaide Corporate Pty Ltd for repair, modification, exchange or for Adelaide Corporate Pty Ltd to perform any other Service in relation to the item and Adelaide Corporate Pty Ltd has not received or been tendered the whole of the Price, or the payment has been dishonoured, Adelaide Corporate Pty Ltd shall have:
(a) a lien on the item;
(b) the right to retain the item for the Price while Adelaide Corporate Pty Ltd is in possession of the item;
(c) a right to sell the item.
The lien of Adelaide Corporate Pty Ltd shall continue despite the commencement of proceedings, or judgment for the Price having been obtained.
Adelaide Corporate Pty Ltd will take all due care while handling any glazing/tiling/brittle or fragile materials/surfaces; be that cooktops, oven doors, surrounding appliance panels or any other glazing/tiling/brittle/fragile surfaces in proximity to the appliance. However, any damage while undertaking or subsequent to any repair/replacement works involving these types of materials is expressly excluded as part of Adelaide Corporate Pty Ltd's risk and or liability. These material types can suffer damage as a consequence of: accident, transport, packing/unpacking, flaws, weakness, heat, movement, tension, difficulty in removing them from their position or other supportive frames, etc. and can crack without warning or actual mishandling and will not be covered by Adelaide Corporate Pty Ltd. If the customer expressly wishes us to be responsible for any such like eventuality, they must seek the attending Technician's documented agreement (via email, SMS, or written note) before any attempt is made to repair, remove, install or handle the same.
If it becomes impossible to obtain obsolete spare parts from our suppliers to repair the appliance, then we may be unable to fix your appliance. Under such circumstances, you will still be charged the full labour and material rate for any work done.
Full Access is required so that the appliance is fully accessible (e.g., able to be moved from under a work surface). If your appliance is not reasonably accessible to facilitate the repairs, we reserve the right to abort the repair. In such instances, we reserve the right to charge you the full labour rate. If we are unable to move the appliance without damaging the surrounding fascia, we will not be held liable for any resultant damage. If the customer expressly wishes us to be responsible for any such like eventuality, they must seek the attending Technician's documented agreement (via email, SMS, or written note) before any attempt is made to repair, remove, install or handle the same.
Cabinet makers, Carpenters, and other kitchen equipment installers regularly install appliances without proper thought to future access requirements. This means panels such as kick-boards are glued in place or other methods unknown or unseen until the panels are removed. Often this means damage is done when removing them. If the customer expressly wishes us to be responsible for any such like eventuality, they must seek the attending Technician's documented agreement (via email, SMS, or written note) before any attempt is made to repair, remove, install or handle the same.
Normal course of repairs includes disassembling or removing parts which can incur/increase damage to the part/appliance and its associated components. Disassembling or removing rusted bolts/screws for instance can require more drastic methods such as heating or drilling or sometimes shear force. Damage removing parts is sometimes unable to be predicted until after the fact. If the customer expressly wishes us to be responsible for any such like eventuality, they must seek the attending Technician's documented agreement (via email, SMS, or written note) before any attempt is made to repair, remove, install or handle the same.
IMPORTANT: Please inform us before our visit if you or anyone else has attempted repairs or modifications to your appliance. This helps us:
Impact of Customer Repairs: We acknowledge that customers may attempt to repair or modify their appliances prior to our service. However, such actions can complicate our diagnosis and repair process, potentially affecting the performance, safety, and integrity of the appliance.
Warranty Implications: If Adelaide Oven Repairs® discovers that a customer has previously attempted repairs, the warranty for our subsequent repairs may be affected as follows:
Disclosure Requirement: Customers are encouraged to inform Adelaide Oven Repairs® of any prior repair attempts or modifications before our service begins. This transparency helps us to:
Consumer Rights: This clause does not affect your rights under the Australian Consumer Law to have goods repaired, replaced, or refunded if they fail to meet statutory guarantees, regardless of previous repair attempts. However, previous modifications might influence the method or outcome of any claim under these consumer protections.
Professional Advice: We recommend professional repairs to ensure safety, compliance with manufacturer specifications, and the preservation of any applicable warranties. If you wish to undertake your own repairs, please be aware of the potential implications on future professional service or warranty claims.
The age/condition of an appliance is a big factor in deciding whether to proceed to complete any repair. Sometimes the age/condition of the appliance makes it uneconomical to proceed. We will in these cases undertake the repairs, but if the customer expressly wishes us to be responsible for any such work, they must seek the attending Technician's documented agreement (via email, SMS, or written note) before any attempt is made to proceed with an uneconomical repair. We reserve the right to refuse to complete any repair we believe will have a high probability of failure before any warranty period may end. If the customer wishes to proceed to undertake such a repair, they do so at their own risk.
Unintended consequences are those we cannot have reasonably been expected to foresee during the course of any repair. Replacing appliances back into position might mean that hoses are kinked, or flexible wiring can be trapped/damaged, connections disturbed causing leaks etc. Newly fitted electronic parts may be unexpectedly damaged by other faulty parts. Adelaide Oven Repairs® will, in so far as we can reasonably foresee any "unintended consequences", bring those to your attention for your instruction. However, we expressly exclude consequential liability to the full extent available by law. We only agree to undertake any repair work on the understanding the Customer waives any claim the consequence of any unintended consequences. If the Customer wishes us to take responsibility for any consequential loss, they must advise us of this condition in writing prior to our attending their booking. We reserve the right to reject any such request.
Please be aware, that electronic components can be damaged by static electricity, other factors such as faulty downstream components, so fitting a new printed circuit board to a machine can result in damage to the new board. Because of these factors, please be aware that PCBs cannot be returned for credit under any circumstances, whether fitted to your machine or not.
Adelaide Corporate Pty Ltd reserves the right to use Alternate or Substitute parts without limit. Alternate Part: An Alternate Part is a component that is a suitable replacement for another part in every assembly in which the original part occurs. Adelaide Corporate Pty Ltd uses alternate parts when multiple vendors can supply parts that serve the identical function and fit. Sometimes Adelaide Corporate Pty Ltd needs to change other parts of the unit to make the alternative part an exact substitute of it. Substitute Part: A substitute part is a component that is a suitable replacement for another part in only one unit in which the original part occurs.
Superseded Parts means that a part has been replaced or updated by the Manufacturer or the Supply agent with a replacement product. Adelaide Corporate Pty Ltd reserves the right to install the superseded part supplied without having regard to its suitability or match. Adelaide Corporate Pty Ltd relies entirely on the Manufacturer/Supply agent as to its fit for purpose. Often Adelaide Corporate Pty Ltd is unaware the part has been superseded until we arrive to fit the part.
If any part of these Terms and Conditions is deemed invalid, void, illegal, or unenforceable, that provision shall be severed, and the remainder of these terms shall remain in full force and effect.
These Terms and Conditions, and any contract formed under them, are governed by and interpreted according to the laws of South Australia.
Both parties submit to the non-exclusive jurisdiction of the courts of South Australia, agreeing that these courts are an appropriate venue for any disputes arising under these Terms and Conditions.
Adelaide Oven Repairs® is not liable for any indirect, incidental, or consequential loss or expense (including loss of profit) suffered by the Customer unless such liability is mandated by law.
In case of a breach by Adelaide Oven Repairs®, the Customer's remedies are limited to damages, which shall not exceed the total Price paid for the Goods/Services in question.
The Customer may not set off against or deduct from the Price any sums allegedly owed by Adelaide Oven Repairs® without our prior written consent.
Adelaide Oven Repairs® may, without the Customer's consent, license or sub-contract all or any part of its rights and obligations under these terms.
We reserve the right to amend these terms at any time by providing notice to the Customer. Any changes will take effect from the date of notification.
Neither party will be liable for failure to perform obligations due to events beyond their reasonable control, including but not limited to acts of God, war, terrorism, strikes, lockouts, industrial action, fire, flood, drought, or storm.
Failure to enforce any provision of these Terms and Conditions by Adelaide Oven Repairs® does not constitute a waiver of that provision, nor does it prejudice our right to enforce it later.
Before taking any legal action, parties agree to attempt to resolve disputes through negotiation or mediation in good faith, adhering to any mandatory dispute resolution processes under Australian Consumer Law where applicable.
END OF TERMS AND CONDITIONS
Adelaide Corporate Pty Ltd ABN 13 145 484 313
Trading as Adelaide Oven Repairs® (Registered Trademark TM2442368)
266-268 Payneham Road, Payneham SA 5070
Phone: 08 8337 7115
Mobile: 0411 377 955
Email: repairs@in-box.com.au
Website: www.adelaideovenrepairs.com.au
These Terms and Conditions are effective as of the date of acceptance and constitute a legally binding agreement between the Customer and Adelaide Corporate Pty Ltd.
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