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 “Company” “we”, “our” and “us” means Edge of Tomorrow Pty Ltd ACN 143 913 624 trading as ADELAIDE APPLIANCE REPAIRS and ADELAIDE OVEN REPAIRS and ADELAIDE WASHING MACHINE REPAIRS“ 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.
“Service Company” shall mean Edge of Tomorrow Pty Ltd its successors and assigns or any person acting on behalf of and with the authority of Adelaide Oven Repairs.
“Consumer” shall mean a person (other than a body corporate) who enters into a consumer contract with a view to purchasing, or acquiring the use or benefit of, goods or services, and includes a person to whom rights, interests or liabilities under the consumer contract are assigned as defined by Consumer Transactions Act 1972 (or any person acting on behalf of and with the authority of the Consumer) and as described on any quotation, work authorisation or other form as provided by the Service Company to the Consumer.
“Customer” A customer shall mean someone who has bought goods or services (or any person acting on behalf of and with the authority of the Customer)and as described on any quotation, work authorisation or other form as provided by the Service Company to the Customer.
“Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor basis.
“Customer” shall mean someone who buys goods or services (or any person acting on behalf of and with the authority of the Customer)and as described on any quotation, work authorisation or other form as provided by the Service Company to the Customer.
“Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor basis.
“Goods” shall mean Goods/Services supplied by the Service Company to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by the Service Company to the Customer.
“Appliance” shall mean any Appliance supplied by the Customer to the Service Company for repair.
“Services” shall mean all Services supplied by the Service Company to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods/Services as defined above).
“Price” shall mean the price payable for the Goods/Services as agreed between the Service Company and the Customer in accordance with clause 3 of this contract.
“Warrantee Provider” shall mean any company that enlists the Services of the Service Company to perform Appliance repairs on behalf of the Customer.
“Warrantee Work” shall mean all Goods and Services provided in order to make repairs to an Appliance supplied by either a Warrantee provider or Customer and for which the Service Company is expected to on-charge the Warrantee Provider.
2. FORMATION OF CONTRACT
You offer to purchase Goods/Services from us through our website or telephone. Your offer is made by completing and submitting your booking submission. Our acceptance of your offer is confirmed by us providing you with a booking confirmation for your booking. Once we provide you with the booking confirmation a binding contract is formed.
Legal Capacity to Transact on the Web Site: If you are under eighteen (18) years of age, you cannot book via our website or telephone.
Any instructions or bookings received by the Service Company from the Customer for the supply of Goods/Services and/or the Customer’s acceptance of Goods/Services supplied by the Service Company shall constitute acceptance of the terms and conditions contained herein. Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price. Upon acceptance of these terms and conditions by the Customer the terms and conditions are binding and can only be amended with the written consent of the Service Company. The Customer shall give the Service Company not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer or any change in the Customer’s name and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s address, facsimile number, or business practice). The Customer shall be liable for any loss incurred by the Service Company as a result of the Customer’s failure to comply with this clause. The Customer shall collect the Customer’s own Appliance(s) from the Service Company’s premises within ten (10) working days of being advised that they are ready for collection by the Service Company. Failure by the Customer to collect their Appliance(s) from the Service Company’s premises within ten (10) working days of written notification to do so by the Service Company shall entitle the Service Company to dispose of or on-sell the Appliance(s). Any loss incurred by the Service Company in the disposal or on-selling of the Customer’s Appliance(s) shall be passed on to the Customer. Non-stock items specially ordered by the Customer, from the Service Company, shall be collected from the Service Company’s premises within ten (10) working days of being advised by the Service Company that the Goods/Services are available for collection. Failure on the part of the Customer to collect their Goods from the Service Company’s premises within ten (10) working days of being advised by the Service Company that they are available for collection shall entitle the Service Company to send the Goods, via courier, to the Customer’s premises. The Customer shall be liable for all courier costs incurred by the Service Company. Any written communications, bookings, emails, texts or letters received or provided by the service company contains Confidential, Proprietary, or Privileged Information Exempt from Public Disclosure.” In addition the Customer agrees to keep, every line and paragraph containing proprietary, privileged, or trade secret information confidential. Any attached materials are not to be disseminated, distributed, or otherwise conveyed to any third parties without the express written permission of Edge Or Tomorrow Pty Ltd.
3. PRICE & PAYMENT
At the Service Company’s sole discretion the Price shall be either: (a) as indicated on invoices provided by the Service Company to the Customer in respect of Goods/Services supplied; or (b) the Service Company’s quoted Price (subject to clause 3.2) which shall be binding upon the Service Company provided that the Customer shall accept the Service Company’s quotation within 7 days. The Service Company reserves the right to change the price at any time. At the Service Company’s sole discretion a deposit may be required. At the Service Company’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. 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 credit card, or by any other method as agreed to between the Customer and the Service Company. 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.
4. DELIVERY OF GOODS/SERVICES
At the Service Company’s sole discretion delivery of the Goods/Services shall take place when: (a) the Customer takes possession of the Goods/Services at the Service Company’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 the Service Company or the Service Company’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. At the Service Company’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. 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 the Service Company shall be entitled to charge a reasonable fee for redelivery. 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. The failure of the Service Company to deliver shall not entitle either party to treat this contract as repudiated. The Service Company shall not be liable for any loss or damage whatever due to failure by the Service Company to deliver the Goods/Services (or any of them) promptly or at all.
If the Service Company 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, the Service Company is entitled to receive all insurance proceeds payable for the Goods/Services. The production of these terms and conditions by the Service Company is sufficient evidence of the Service Company’s rights to receive the insurance proceeds without the need for any person dealing with the Service Company to make further enquiries. Whilst the Service Company will take all due care, the Service Company 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 the Service Company will take all due care, the Service Company shall not accept liability for any: (a) damage caused to any thoroughfare used by the Service Company 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 the Service Company to repair the Appliance; (c) damage caused to any furnishings or floor coverings during the delivery, repair, or removal of the Appliance. Whilst the Service Company will take all due care, the Service Company shall not accept any liability for any water damage caused during the testing, disconnection, reconnection, or subsequent operation of the appliance by the Service Company. 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 5 shall be the sole responsibility of the Customer. The Service Company 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 the Service Company, unless due to the negligence of the Service Company. 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 7, 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.
The Service Company and Customer agree that ownership of the Goods/Services shall not pass until: (a) the Customer has paid the Service Company all amounts owing for the particular Goods/Services; and (b) the Customer has met all other obligations due by the Customer to the Service Company in respect of all contracts between the Service Company and the Customer. Receipt by the Service Company 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 the Service Company’s ownership or rights in respect of the Goods/Services shall continue. It is further agreed that: (a) where practicable the Goods/Services shall be kept separate and identifiable until the Service Company shall have received payment and all other obligations of the Customer are met; and (b) until such time as ownership of the Goods/Services shall pass from the Service Company to the Customer the Service Company may give notice in writing to the Customer to return the Goods/Services or any of them to the Service Company. Upon such notice the rights of the Customer to obtain ownership or any other interest in the Goods/Services shall cease; and (c) the Service Company shall have the right of stopping the Goods/Services in transit whether or not delivery has been made; and (d) if the Customer fails to return the Goods/Services to the Service Company then the Service Company or the Service Company’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; and (e) the Customer is only a bailee of the Goods/Services and until such time as the Service Company 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 the Service Company; and (f) the Customer shall not deal with the money of the Service Company in any way which may be adverse to the Service Company; and (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 the Service Company; and (h) the Service Company 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; and (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 the Service Company will be the owner of the end products.
7. CUSTOMERS DISCLAIMER
The Customer hereby disclaims any right to rescind, or cancel any contract/agreement with the Service Company 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 the Service Company and the Customer acknowledges that the Goods/Services are bought relying solely upon the Customer’s skill and judgment.
7.1 PROTECTION OF REPUTATION – MUTUAL NON-DISPARAGEMENT
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 dishonor, discredit, defame; to lower in credit or esteem.”
The Parties agree that it would be impossible, impractical or extremely difficult to fix the actual damages suffered by reason of a breach of this non disparage clause and accordingly hereby agree that two thousand dollars ($2,000) shall be presumed to be the amount of damages sustained by reason of each such breach by the other that is found, by clear evidence and pursuant to the terms and conditions of section 7 herein, to have occurred, without prejudice to the rights of any 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.
7.2 LIQUIDATED DAMAGES
The parties agree that if a breach were to occur, it would be difficult to determine actual damages;
The parties agree that legal fees, lodgement, court/mediation appearance(s), lost paid work makes $2000.00 a reasonable estimate of the damages that would accrue if a breach occurred in the future; and
All parties agree that the amount of liquidated damages is fair and reasonable and would not act as a penalty to the breaching party.
7.3 NOT A CUSTOMER
If you have not bought goods and/or services you are not a customer yet! As such, to publish any ‘customer review’ about the company without its express permission that might be considered disparaging or derogatory or may cause harm, loss or damage to the company will be treated as “injurious falsehood” whereupon the company at its discretion will take any action it feels necessary to ensure the published ‘customer review’ is removed and costs/damages recovered.
7.4 DISPUTE RESOLUTION
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: The Customer must notify the Company in writing advising of:
Their reasons for its dissatisfaction (Issue); and
Their preferred resolution to the dispute; and
If a suitable resolution cannot be reached with 14 days the customer agrees to file a complaint with Consumer and Business Services (CBS).
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.
7.5 LEGAL FEES
In the event of a default by the customer under these terms, the customer hereby accepts that they will be liable for any legal (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.
Subject to the conditions of warranty set out herein the Service Company warrants that if any defect in any workmanship of the Service Company becomes apparent and is reported to the Service Company within seven (7) days of the date of delivery (time being of the essence) then the Service Company will either (at the Service Company’s sole discretion) replace or remedy the workmanship. The conditions applicable to the warranty given herein are: (a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through: (i) failure on the part of the Customer to properly maintain any Goods/Services; or (ii) failure on the part of the Customer to follow any instructions or guidelines provided by the Service Company; or (iii) any use of any Goods/Services otherwise than for any application specified on a quote or order form; or (iv) the continued use of any Goods/Services after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or (v) fair wear and tear, any accident or act of God. (b) the warranty shall cease and the Service Company shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Service Company’s consent. (c) in respect of all claims the Service Company shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customer’s claim. For Goods/Services not manufactured by the Service Company, the warranty shall be the current warranty provided by the manufacturer of the Goods/Services. The Service Company shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods/Services.
9. WARRANTEE WORK
It is the Customer’s sole responsibility to provide the Service Company with all necessary documentation and warrantee details that the Service Company might reasonably request in order to satisfy the requirements of the Warrantee Provider and receive payment for the Services provided to the Customer. The Service Company shall not be liable in any way whatsoever for the failure of the Warrantee Provider to accept the Customer’s warrantee claim. If for any reason (including, but not limited to, the Customer’s failure to comply with clause 12.1) the Warrantee Provider fails to accept the Customer’s warrantee claim, then the Customer shall be liable for all costs incurred by the Service Company in relation to any work completed by the Service Company up to the point that the Service Company is notified that the warrantee claim has not been accepted.
10. PAYMENT DEFAULT
Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment. If the Customer defaults in payment of any invoice when due, the Customer shall indemnify the Service Company from and against all costs and disbursements incurred by the Service Company in pursuing the debt including legal costs on a solicitor and own client basis and the Service Company’s collection agency costs. Without prejudice to any other remedies the Service Company may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Service Company may suspend or terminate the supply of Goods/Services to the Customer and any of its other obligations under the terms and conditions. The Service Company will not be liable to the Customer for any loss or damage the Customer suffers because the Service Company has exercised its rights under this clause. 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. Without prejudice to the Service Company’s other remedies at law the Service Company shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Service Company shall, whether or not due for payment, become immediately payable in the event that: (a) any money payable to the Service Company becomes overdue, or in the Service Company’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.
Despite anything to the contrary contained herein or any other rights which the Service Company 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 the Service Company or the Service Company’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 the Service Company (or the Service Company’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 the Service Company elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify the Service Company from and against all the Service Company’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 the Service Company or the Service Company’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.
The Service Company may cancel any contract to which these terms and conditions apply or cancel delivery of Goods/Services at any time before the Goods/Services are delivered by giving written notice to the Customer. On giving such notice the Service Company shall repay to the Customer any sums paid in respect of the Price. The Service Company shall not be liable for any loss or damage whatever arising from such cancellation. In the event that the Customer cancels delivery of Goods/Services the Customer shall be liable for any loss incurred by the Service Company (including, but not limited to, any loss of profits) up to the time of cancellation.
The Customer shall inspect the Goods/Services on delivery and shall within seven (7) days of delivery (time being of the essence) notify the Service Company of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford the Service Company an opportunity to inspect the Goods/Services within a reasonable time following delivery if the Customer believes the Goods/Services are defective in any way. If the Customer shall fail to comply with these provisions the Goods/Services shall be presumed to be free from any defect or damage. For defective Goods/Services, which the Service Company has agreed in writing that the Customer is entitled to reject, the Service Company’s liability is limited to either (at the Service Company’s discretion) replacing the Goods/Services or repairing the Goods/Services, except where the Customer has acquired Goods/Services as a consumer within the meaning of the Trade Practices Act 1974 (CWlth) or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer’s discretion either a refund of the purchase price of the Goods/Services, or repair of the Goods/Services, or replacement of the Goods/Services.
Returns will only be accepted provided that: (a) the Customer has complied with the provisions of clause 8; and (b) the Service Company 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) the Service Company 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. The Service Company 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.
15. TRADE PRACTICES ACT
Herein after referred as The Commonwealth Trade Practices Act 1974 (“TPA”) and Fair Trading Acts (“FTA”) Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
16. PRIVACY ACT 1988
The Customer and/or the Guarantor/s agree for the Service Company to obtain from a credit reporting agency a credit report containing personal credit information about the Customer and Guarantor/s in relation to credit provided by the Service Company. The Customer and/or the Guarantor/s agree that the Service Company may exchange information about the Customer and the Guarantor/s with those credit providers either named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting agency for the following purposes: (a) to assess an application by Customer; and/or (b) to notify other credit providers of a default by the Customer; and/or (c) to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or (d) to assess the credit worthiness of Customer and/or Guarantor/s. The Customer consents to the Service Company being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988). The Customer agrees that personal credit information provided may be used and retained by the Service Company for the following purposes and for other purposes as shall be agreed between the Customer and Service Company or required by law from time to time: (a) provision of Goods/Services; and/or (b) marketing of Goods/Services by the Service Company, its agents or distributors in relation to the Goods/Services; and/or (c) analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to provision of Goods/Services; and/or (d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Customer; and/or (e) enabling the daily operation of Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to the Goods/Services. The Service Company may give information about the Customer to a credit reporting agency for the following purposes: (a) to obtain a consumer credit report about the Customer; and/or (b) allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.
16.1 Surveillance Devices Act 2016
The Customer, Agent and/or the Guarantor/s agree that no surveillance whilst on the repair property (listening or visual) will be conducted without the express written permission of the Service Company. It is an offence for a person to intentionally use a listening device to overhear, record, monitor or listen to a private conversation without the express or implied consent of the parties to that conversation. It does not make a difference whether you are a party to that conversation or not. Further we hold many trade secrets and intend to protect these trade secrets. We will take action to recover and loss or damage caused by such distribution or use of any surveillance material. Further any use of the material to damage our reputation is will also be cause for legal action to be undertaken.
17. UNPAID SERVICE COMPANY’S RIGHTS
Where the Customer has left any item with the Service Company for repair, modification, exchange or for the Service Company to perform any other Service in relation to the item and the Service Company has not received or been tendered the whole of the Price, or the payment has been dishonoured, the Service Company shall have: (a) a lien on the item; (b) the right to retain the item for the Price while the Service Company is in possession of the item; (c) a right to sell the item. The lien of the Service Company shall continue despite the commencement of proceedings, or judgment for the Price having been obtained.
18. CANCELLATION FEE OR MISSED APPOINTMENT
If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired. These terms and conditions and any contract to which they apply shall be governed by the laws of South Australia and are subject to the jurisdiction of the courts of South Australia. The Service Company shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Service Company of these terms and conditions. In the event of any breach of this contract by the Service Company the remedies of the Customer shall be limited to damages, which under no circumstances shall exceed the Price of the Goods/Services. The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by the Service Company. The Service Company may license or sub-contract all or any part of its rights and obligations without the Customer’s consent. The Service Company reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Service Company notifies the Customer of such change. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party. The failure by the Service Company to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Service Company’s right to subsequently enforce that provision.
20. ISSUES THAT MAY ARISE DURING YOUR REPAIR
20.1. Edge of Tomorrow 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 The Service Company’s risk and or liability. These material types can suffer damage the 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 Edge of Tomorrow Pty Ltd. If the customer expressly wishes us to be responsible for any such like eventuality they must seek the attending Technician’s agreement in writing before any attempt is made to repair, remove, install or handle the same.
20.2. 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.
20.3. 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 agreement before any attempt is made to repair, remove, install or handle the same.
20.4. 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 agreement before any attempt is made to repair, remove, install or handle the same.
20.5 Normal course or repairs include disassembling or removing of 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 agreement before any attempt is made to repair, remove, install or handle the same.
20.6 Customer’s attempted repairs often lead to more difficult diagnosis and repair. If we find that the customer has attempted repairs we will not provide any warranty where we believe that attempt to undertake the repairs has lessened our ability to
20.7 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 make 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 agreement 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.
20.8 Unintended consequences are those we cannot have reasonable 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 waive 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.
20.9 PCB (Printed Circuit Board): 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.
20.10 Alternate/Substitute Parts: The Service Company 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. The Service Company uses alternate parts when multiple vendors can supply parts that serve the identical function and fit. Sometimes the Service Company 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.
20.11 Superseded Parts means that a part has been replaced or updated by the Manufacturer or the Supply agent with a replacement product. The Service Company reserves the right to install the superseded part supplied without having regard to its suitability or match. The Service Company relies entirely on the Manufacturer/Supply agent as to its fit for purpose. Often the Service Company is unaware the part has been superseded until we arrive to fit the part.
What is not covered by our Warranties
Our warranties do not cover any problem that is caused by (a) commercial use; accident; abuse ; neglect; surge; electrostatic discharge; heat or humidity beyond product specifications; improper installation; improper operation; maintenance or modification; or (b) any misuse contrary to the instructions in the user manual; or (c) malfunctions caused by other equipment.
Further Examples of Exclusions to our warranties:
- Operating an oven while the cooling or cooking fans are not functioning.
- Damage that can be attributed to an excessive force i.e. downward/sideways on the door, the excessive force of switching devices and so on.
- Operating an oven/cook-top while its safety devices are faulty.
- Leaving elements on full without a suitable load source or cycling.
- Spill or boil-over events, where liquid ingress has compromised the any parts integrity.
- Excessive use; our warranty only extends to “fair wear and tear”. A family of 4 cooking in the oven 2-3 times a week is an average use.
- Parts fitted are expected to be kept reasonably free from dirt, dust, rodents, insects, rust, corrosion i.e. salt built- up.
- Adequate ventilation must be maintained.
- Damage caused by dismantling, cleaning, detergents, scourers etc.
- Cosmetic damage such as dents and scratches which do not affect the ordinary operation of the product;
- Consumables items used within the product such as batteries, filters, dust-bags or globes.
- Repair, modification or tampering of the product, parts or service.
- Damage through misuse (including failure to maintain, service or use with proper care), neglect or accidental damage.
- Damage caused by wilful, negligent or dishonest act or omission, vermin or insects damage.
- Use for a purpose for which the product was not intended or designed and use other than in accordance with the instruction manual.
- Use or operation after a defect has occurred or been discovered.
- Damage through exposure to chemicals, dusts, residues, excessive voltage, heat, atmospheric conditions or other forces or environmental factors howsoever outside Adelaide Oven Repairs’ control.
- Repairs that have been completed independent of Adelaide Oven Repairs.
- Loss, damage or costs incurred where no fault is identified.
- Normal maintenance costs, cleaning, lubrication or external adjustments; and
- Any claim against you by any third party including for personal injury or damage to property.