TERMS AND CONDITIONS OF SUPPLY OF GOODS AND SERVICES
In these Terms:
ACL means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended;
consumer is as defined in the ACL and in determining if the Customer is a consumer, the determination is made if the Customer is a consumer under these Terms;
Customer means the person, jointly and severally if more than one, acquiring goods or services from the Supplier;
goods means goods supplied by the Supplier to the Customer;
GST means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) and its associated Regulations as amended;
Quotation means a quotation given to a Customer by the Supplier outlining the repairs that will be performed and the fees for such works;
Supplier means Force 3 Pty Ltd trading as ‘Cellmate’ (ABN 28 139 423 582); and
Terms means these Terms and Conditions of Supply of Goods and Services.
- Basis of Terms
- These Terms apply exclusively to the supply of goods or services to a Customer and cannot be varied or replaced by any other terms.
- Prices quoted for the supply of goods and services include GST and any other taxes or duties imposed on or in relation to the goods and services.
- If the Customer requests any variation to the goods or services, the Supplier may increase the price to account for the variation.
- Subject to sub-clause 2, full payment for the goods or services must be made prior to delivery or the goods or completion of the services.
- The Supplier may in its sole discretion allow the Customer to pay for repairs upon completion of the services, in which case payment is due and payable in full upon collection of the repaired goods.
- The time for payment is of the essence.
- Parallel Imports
- Some goods supplied by the Supplier may be parallel imports. These goods are genuine, branded products, but they may differ in design, specification, materials and formulation from similar products currently offered locally. Whilst the manufacturer’s warranty may not apply, the Supplier offers the same warranties as set out in the ACL and these Terms for parallel imports as for other goods.
- Where goods are parallel imports the manufacturer is not obliged to provide any product or technical support or repair/spare part facilities. However, where required by law to do so, the Supplier will provide these services.
- Second-hand goods
- Where such goods are identified as second-hand, the Customer acknowledges that second-hand goods may contain defects, irregularities and imperfections and are sold on as “as is” basis.
- Repairs of goods
- A standard inspection fee must be paid by the Customer at the time of booking in the repair of the goods. This inspection fee is not refundable.
- Customers will receive a Quotation after the Supplier has performed an inspection of the goods. If the Supplier identifies further issues whilst carrying out repairs, the Customer will be notified of, and liable for, any additional costs.
- Any timeframes given for the repair of goods are estimates only and do not contractually bind the Supplier. The Supplier will make reasonable endeavours to repair goods within the timeframes given within the Quotation.
- The repair of any product may result in the loss of data. The Customer must ensure that it has made a copy of any data saved on the goods.The Supplier will not be responsible for any data loss.
- The Customer is aware that repairs carried out by the Supplier may void any original product warranty offered by the manufacturer. Before providing the product to the Supplier for repair the Customer has satisfied themselves of the risks to the validity of the original manufacture’s warranty and solely accepts such risks. Except as to the extend required by the ACL the Customer accepts that the Supplier will not be liable for any loss suffered as a result of the voiding of the manufacture’s warranty.
- Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
- If a mobile phone is water damaged, some parts may deteriorate due to corrosion and as such, repairs may not be possible.
- The Supplier will not be responsible for goods left on the premises longer than one (1) month after the Customer has been notified the mobile phone is ready for collection.
- Payment Default
- If the Customer defaults in payment by the due date of any amount payable to the Supplier, then all monies become immediately due and payable without the requirement of any notice to the Customer, and the Supplier may, without prejudice to any of its other accrued or contingent rights charge the Customer interest and the Customer must indemnify the Supplier from all costs and expenses incurred by Supplier resulting from Customer’s default.
- Passing of Property
- Until the Supplier receives full payment in cleared funds for all goods and services supplied by it to the Customer, as well as all other amounts owing to the Supplier by the Customer title and property in all goods remain vested in the Supplier and do not pass to the Customer.
- Risk and Insurance
- The risk in the goods and all insurance responsibility for theft, damage or otherwise will pass to the Customer immediately on the goods being collected by the Customer and taken from the Supplier’s premises.
- The Customer assumes all risk and liability for loss, damage or injury to persons or to property of the Customer, or third parties arising out of the use, installation or possession of any of the goods sold by the Supplier, unless recoverable from the Supplier on the failure of any statutory guarantee under the ACL.
- Performance of Terms
- Any period or date for collection of goods or provision of services stated by the Supplier is an estimate only and not a contractual commitment.
- Supplier’s Liability
- Except as the Terms specifically state, or as contained in any express warranty provided in relation to the goods or services, the Terms do not include by implication any other term, condition or warranty in respect of the quality,
- merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.
- If the Customer is a consumer nothing in these Terms restricts, limits or modifies the Customer’s rights or remedies against the Supplier for failure of a statutory guarantee under the ACL.
- The Supplier guarantees all goods for a period of 90 days from the date of purchaser by the Customer. This guarantee does not apply where the Customer has:
- used the goods abnormally;
- caused the quality of the goods to become unacceptable;
- fails to take reasonable steps to avoid the quality becoming unacceptable
- been given a written notice of defects relating to a particular good.
This guarantee is not to be interpreted as excluding, restricting or modifying any statutory guarantee under the ACL.
- If the Customer on-supplies the goods or services to a consumer and:
- the goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then the amount specified in section 276A(1) of the ACL is the absolute limit of the Supplier’s liability to the Customer;
- the goods or services are of a kind ordinarily acquired for personal, domestic or household use or consumption, payment of any amount required under section 274 of the ACL is the absolute limit of the Supplier’s liability to the Customer;
howsoever arising under or in connection with the sale, installation, use of, storage or any other dealings with the goods or services by the Customer or any third party.
- If clause 3 or 12.4 do not apply, then other than as stated in the Terms or any written warranty statement the Supplier is not liable to the Customer in any way arising under or in connection with the sale, installation, use of, storage or any other dealings with the goods or services by the Customer or any third party.
- The Supplier is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability imposed by the ACL.
- The Customer acknowledges that:
- it has not relied on any service involving skill and judgement, or on any advice, recommendation,
- information or assistance provided by the Supplier in relation to the goods or services or their use or application.
- it has not made known, either expressly or by implication, to the Supplier any purpose for which it requires the goods or services and it has the sole responsibility of satisfying itself that the goods or services are suitable for the use of the Customer.
- Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.
- If the Supplier is unable to deliver the goods or provide the services, then it may cancel the Customer’s order (even if it has been accepted) by written notice to the Customer.
- No purported cancellation or suspension of an order or any part of it by the Customer is binding on the Supplier once the order has been accepted.
- Force Majeure
- The Supplier is not liable in any way howsoever arising under the Terms to the extent that it is prevented from acting by events beyond its reasonable control including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism or war. If an event of force majeure occurs, the Supplier may suspend or terminate the Terms by written notice to the Customer.
- The law of Western Australia from time to time governs the Terms. The parties agree to the non-exclusive jurisdiction of the courts of Western Australia, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.
- If a clause is unenforceable it must be read down to be enforceable or, if it cannot be read down, the term must be severed from the Terms, without affecting the enforceability of the remaining terms.
(For cases of Wet/ Corroded phones / Mishandled / Physical Damaged/ Bent or Warp / Tampered/ Unauthorized Repair)
I understand that the adverse conditions this unit has been previously subjected to have made its performance unpredictable and unreliable.
Still, I agree to CELLMATE conducting the necessary service or repair on this unit, with the full knowledge that not even their best efforts can guarantee that this unit will be in good condition for long. I also acknowledged that due to adverse condition of the unit as mentioned above, the problem may get worse, other defects may occur and/or the unit may eventually fall in the course of repair and CELLMATE shall not be held liable for it.
As such, I hereby waive my rights on the service warranty for the service and repair to be done on my unit. I further acknowledge that I am not entitled to a refund of labor and spare part charges if the unit still fails to work after release from CELLMATE.