1.    AGREEMENT

1.1.    An agreement is made between AWR and the Customer for the service or repair of the Product and purchase of the Parts (Agreement) if and when AWR accepts the Product for service.

2.    CHARGE

2.1.    The charges payable by the Customer to AWR for the service of the Product and purchase of the Parts are specified in the invoice. Charges can be found on the AWR website or are available from 1300 652 100 on request.
2.2.    Charges are to be paid in full immediately on completion of service or repair before the service technician leaves the site and (where applicable) prior to delivery of the Product/s to the customer.
2.3.    Under certain circumstances, customers may be allocated a 7 day business account.

3.    PAYMENT

3.1.    Payment is made by credit card, Visa, MasterCard, AMEX (4% surcharge applies to all AMEX transactions), EFTPOS (where the service technician has mobile EFTPOS facilities) or by internet banking at AWR’s discretion.
3.2.    AWR may request credit card details prior to booking a service call and will decline to book a service call if valid current credit card details are not provided or verified.

4.    DEFAULT IN PAYMENT

4.1.    If the Customer fails to make any payment to AWR when due (including payment of any charges), the Customer agrees, without prejudice to any other right to remedy of AWR:-
4.1.1.    Pay overdue fees of $50 per fortnight until the payment of the account is settled.
4.1.2.    In the case of dishonoured cheque payments, customers will be charged a $75 dishonour fee and any applicable overdue fees.
4.1.3.    Reimburse AWR for all reasonable costs and expenses incurred by AWR in relation to the outstanding debt and chasing payment of it including any legal or collection agency fees if necessary; and
4.1.4.    Upon reasonable notice by AWR; return parts and/or product/s to AWR or permit a representative of AWR reasonable access to the location of the parts and/or product/s to repossess the part/s and/or product/s.
4.1.5.    AWR reserves the right to waive any of these fees at the sole discretion of AWR & its officers.

5.    RISK AND TITLE

5.1.    The risk of loss or damage to the Parts passes to the Customer upon delivery of the relevant Product containing the Parts.
5.2.    AWR remains the owner of the Parts until the Customer has made payment in full of the charges and the Product has been delivered to the Customer.
5.3.    The Customer must not sell or otherwise deal with the Product and Parts until the charges are paid in full to AWR. If the Customer purports to do so, the Customer will de deemed to hold the proceeds of the sale or other realisation (or the amount equal to so much of the charges as are outstanding) on trust for AWR.

6.    SPARE PARTS AND SERVICE

6.1.    While AWR will use reasonable commercial endeavours to have all necessary spare parts available for the purpose of warranty repair or service, AWR is not liable for delays due to sourcing of parts, usual or unusual, which are required or to circumstance beyond the control of AWR.
6.2.    While AWR makes every effort to assess the complete fault prior to the repair of any product, we do not guarantee that the repair suggested will solve the fault for a product. Under certain circumstances and through no fault of AWR, further fault in other areas of the Product may only be found following the initial service. Any additional charges for these faults are the sole responsibility of the Customer.
6.3.    When ordering spare parts for direct supply, the Customer takes all responsibility that they have ordered the correct part for their requirements. Upon request, Customer will be advised the reference number of the exact part they have ordered. If necessary, schematic diagrams can be supplied to ensure the correct part is supplied.

7.    WARRANTY

7.1.    AWR warrants that the Parts will be free from defects in materials and workmanship and that the Product will be free from and defect directly caused by or resulting from the service of the Product by AWR or an AWR service agent for a period of 3 months for labour and 12 months for Parts from the date of the completion of the service of the Product.
7.2.    This warranty is independent of, and does not exclude or limit, any non-exclusive statutory warranties implied by consumer protection legislation. Such legislation implies warranties as to the merchantability and fitness for purpose of the Parts and that the service of the Product will be performed with due care and skill.
7.3.    The warranty is also independent of any warranty provided by the manufacturer of the Product.
7.4.    AWR reserves the right to inspect and test the Parts for the purpose of determining extent of any defect and the validity of any claim made under this warranty.
7.5.    All defective Parts replaced by AWR under this warranty will be deemed to be the property of AWR.
7.6.    The AWR warranty will not apply if the Part or Product the subject of the service are rendered faulty by a factor other than a defect in materials and workmanship or a defect caused by the service, or are used or installed (where applicable) other than as recommended or in accordance with any instructions, such factors include but are not limited to:
7.6.1.     Damage through misuse (including failure to maintain, service or use with proper care), neglect, accident or ordinary wear and tear (including deterioration and glass breakage):
7.6.2.    use or operation after a defect has occurred or been discovered;
7.6.3.    damaged through freight, transportation or handling in transit;
7.6.4.    damage through exposure to chemicals, dusts, residues, excessive voltage, heat, atmospheric conditions or other fortes or environmental factors howsoever outside AWR’s control;
7.6.5.    repair, modification or tampering with by the purchaser of any person other than an authorised AWR service technician;
7.6.6.    use of parts, components or accessories which have not been supplied by or specifically approved by AWR; or
7.6.7.    in the case of vacuum cleaners, uses or contains a faulty or poor fitting dust bag other than a genuine high performance manufacturer approved dust bag.
7.7.    This warranty does not apply to consumables such as batteries or globes.
7.8.    To the extent permitted by law, AWR’s liability for the Parts, any defect in materials or workmanship, any breach of the Agreement or any negligence is limited to, AWR’s option:-
7.8.1.    Repair or replacement of the Parts;
7.8.2.    Payment of the cost of repairing or replacing the Parts; or
7.8.3.    Payment of the cost of acquiring equivalent parts.
7.9.    To the extent permitted by law, AWR’s liability for the service of the Product is limited to, at AWR’s options:-
7.9.1.    Resupply of the service; or
7.9.2.    Payment of the cost of resupply of the service
7.10.    To the extent permitted by law, AWR’s liability is limited in accordance with clauses 7.8 and 7.9 and AWR is not liable for any indirect, special or consequential loss or damage arising in any way in relation to the Parts or the service of the Product.

8.    PRIVACY

8.1.    AWR will collect and deal with Customer’s personal information (including name, address, telephone contact or personal details) only in accordance with AWR’s Privacy Charter and the Privacy Act 1988 (Cth).
8.2.    AWR may disclose personal information to its related companies and to organisations which provide services (including delivery of services) to AWR or which assist AWR in providing services (including repair and warranty services) to Customers.
8.3.    AWR acknowledges that the Customer may access the personal information it collects pursuant to this warranty and may do so by request in writing to:

The Privacy Officer
Aussie Whitegoods Rescue Pty Ltd
PO Box 1403
Macquarie Centre North Ryde PBC NSW 2113

9.    GOVERNING LAW

9.1.    This agreement is subject to the laws of the State of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the Courts of that State.

10.    DEFINITIONS

“AIC” means AWR Allied Independent Contractor.
“AWR” means Aussie Whitegoods Rescue Pty Ltd and its authorised agents and employees.
“Customer” means the person or entity whose name and address appear on the invoice for service as the purchaser or owner of the Product who is acquiring the service and (where applicable) the Parts.
“Parts” means the AWR parts referred to in the invoice for goods or service.