Terms And Conditions of Sale

Terms and Conditions of Sale

1. AGREEMENT

1.1 An agreement is made between DBHL Service Pty. Ltd. (DBHL Service) and the customer (Customer or Tenant) for the purchase of the product(s) as specified in an order if and when DBHL Service issues any order confirmation, quotation, estimate or invoice to the Customer in respect of the sale of the product(s) (Agreement).

1.2 The Agreement comprises the order, order confirmation, these terms and conditions, and any additional terms as specified.

1.3 By checking the online check box, the Customer agrees to the terms and conditions contained herein. There is no additional requirement of physical signature for the validity of this Agreement.

1.4 On receipt of any order confirmation, quotation, estimate or invoice from DBHL Service through any means whatsoever, the Customer thereby agrees to the terms and conditions contained herein. There is no additional requirement of physical signature for the validity of this Agreement.

1.4 DBHL Service trades under different business names, viz. Repair My Oven, Repair My Dishwasher, Repair My Dryer, Repair My Fridge, Repair My Washing Machine, and Real Estate Appliance Repairs. This Agreement shall be applicable for all the trade names of DBHL Service.

2. PRICE

2.1 The price payable by the Customer to DBHL Service for the product(s) is the price specified in the order confirmation or Tax Invoice.

3. PAYMENT

3.1 Up to 100% of the price is payable as a Security Payment upon submission of the order by the Customer.

3.2 Full payment of the price is required prior to the delivery of the product(s).

3.3 If the Agreement relates to two or more products and they are delivered on different dates, that part of the price (or the balance thereof), which relates to the product delivered on a particular date is payable on that date and by the time of delivery.

3.4 If and where a Tenant(s) placed an order for the product(s), irrespective of the knowledge of the Real Estate, payment in full shall be required before the delivery of the product(s). The payment terms among the Tenant(s) and the Real Estate shall be disputed and settled among the concerned parties, and DBHL Service shall not be held responsible or called in question in any manner whatsoever, in case of a dispute among them.

4. DEFAULT IN PAYMENT

4.1 If the Customer fails to make any payment when due, the Customer must, without prejudice to any other right or remedy available to DBHL Service:

4.1.1 Pay interest on the amount outstanding calculated daily at a rate prescribed by the Penalty Interest Rates (Vic) plus 5%;

4.1.2. Reimburse DBHL Service for all reasonable costs and expenses incurred by DBHL Service in relation to the debt, debt collection and chasing its payment; and

4.1.3. Upon reasonable notice by DBHL Service, return the part(s) and/or product(s) and/or appliance(s) to DBHL Service or permit a representative of DBHL Service reasonable access to the location of the part(s) and/or product(s) and/or appliance(s) to repossess the part(s) and/or product(s) and/or appliance(s).

4.1.4 The Customer agrees to pay any dishonour handling fee at the rate advised by DBHL Service from time to time, where DBHL Service is unable to obtain payment from the Customers credit card provider or a cheque is not paid by the Customers bank.

4.1.5 The Customer agrees that DBHL Service may set-off any credit amount that DBHL Service owes to the Customer against any debit due by the Customer to DBHL Service.

4.1.6 The Customer agrees that they are not entitled to withhold payment concerning any money from DBHL Service in respect of any set-off or claim the Customer might have against DBHL Service.

5. DELIVERY

5.1 Subject to clause 5.2, DBHL Service will deliver the product(s) to the location specified in the order. Where no location is specified, DBHL Service will deliver the product(s) to the Customer’s address as set out in the order or Tax Invoice. The day and time available for the delivery of the product(s) shall be decided by DBHL Service in its sole discretion, and communicated to the Customer accordingly.

5.2 DBHL Service is not required to deliver the product(s) in accordance with clause 5.1 if the location to which the product(s) are to be delivered is outside metropolitan Melbourne. In those circumstances, DBHL Service may notify the Customer of the location at which the product(s) are available for collection or, at its sole discretion, elect to deliver the product(s) at a location beyond metropolitan Melbourne.

5.3 Subject to clause 5.4, the delivery date will be the date specified in the order or, if no date is specified, such alternative date as the Customer and DBHL Service later agree upon (delivery date).

5.4 DBHL Service will use reasonable commercial endeavours to deliver the product(s) on or about the delivery date. If DBHL Service is unable to deliver the product(s) (by reason of inventory shortage, transportation difficulties or otherwise), it will use reasonable commercial endeavours to do so within a reasonable period after the delivery date.

5.4A The expected delivery time mentioned in the order is only an indication of the delivery time. The product(s) may arrive later due to any reason beyond the reasonable control of DBHL Service. Further, the installation (if required) of the product(s) may not be accomplished on the first visit. In all such eventualities, the cause(s) of which is / are beyond the reasonable control of DBHL Service, the Customer shall not be eligible for any discount or rebate of any amount whatsoever. Notwithstanding anything to the contrary contained herein, DBHL Service makes every reasonable effort to be punctual in its services.

5.5 If DBHL Service does not deliver the product(s) within 30 days of the delivery date, by reason of a cause within DBHL Services reasonable control, the Customer may give five (5) business days notice of termination of this Agreement. If the product(s) are not delivered in the notice period, this Agreement is terminated on expiry of that period.

5.6 If the model of the product(s) is discontinued or superseded and not available for delivery on the delivery date, DBHL Service will notify the Customer as soon as practicable prior to the delivery date that:

5.6.1. DBHL Service is prepared to, instead, supply a model of equivalent or superior standard, and specify that model and any addition to the price for the model change; or

5.6.2. There is no equivalent model available and this Agreement is therefore terminated with immediate effect.

5.7 If the Customer accepts DBHL Services offer of an alternative model in accordance with clause 5.6.1, the product(s) and the price will be taken to be varied as per DBHL Services offer. If the offer is rejected, this Agreement is thereby terminated with immediate effect.

5.8 DBHL Service will deliver the product(s) at a time arranged by DBHL Service and the Customer (delivery time). In the event that the Customer is not present to accept delivery at the nominated delivery time, the Customer may be liable to pay DBHL Service a fee to have the product(s) re-delivered at a new delivery time/date, as arranged by DBHL Service and the Customer.

This re-delivery fee is payable by the Customer prior to DBHL Service re-delivering the product(s) at the new nominated delivery time and date.

5.9 Subject to clause 8 and applicable consumer protection legislation, if the Customer accepts delivery of the product(s) (or collects the product(s) in accordance with Clause 5.2) and subsequently changes their mind about the product(s) (including where the Customer orders the incorrect product), DBHL Service may, in its discretion, agree to:

5.9.1 Accept return of the relevant product(s) from the Customer; and

5.9.2. Provide replacement product(s) to the Customer.

In these circumstances, the Customer must pay:

5.9.2.1 A re-stocking fee of 20% of the price of the product(s) returned; and

5.9.2.2 Any difference between the price of the product(s) being returned and the replacement product(s) selected.

5.9.3 The Customer acknowledges that this re-stocking fee represents the costs incurred by DBHL Service in accepting and re-stocking the returned product(s). DBHL Service will not impose the re-stocking fee where the Customer is not at fault.

5.9.4 The Customer agrees that DBHL Service may set-off any credit amount that DBHL Service owes the Customer against any debit due by the Customer to DBHL Service.

5.9.5 The Customer agrees that they are not entitled to withhold payment of any money from DBHL Service in respect of any set-off or claim the Customer might have against DBHL Service.

5.10 If the Customer:

5.10.1 Fails to accept delivery of the product(s), or

5.10.2 Fails to accept delivery of the product(s) by DBHL Service within thirty (30) days of being notified by DBHL Service that they are ready for delivery; or

5.10.3 Fails to collect the product(s) in accordance with clause 5.2 within thirty (30) days of being notified by DBHL Service that they are available for collection,

DBHL Service may give the Customer five (5) business days notice of termination of this Agreement. If the Customer fails to collect or accept delivery within that notice period, this Agreement is terminated on expiry of that period.

5.11 If DBHL Service is unable to contact the Customer after making reasonable attempts to arrange delivery or collection, DBHL Service may give the Customer thirty (30) days notice of termination of this agreement. If the Customer fails to make arrangements within the notice period, this Agreement (including any order) is terminated upon expiry of that period.

5.12 In case the Tenant is non-cooperative in arranging a time for delivery, or the Tenant is non-cooperative on the day and time of delivery, the Real Estate booking the delivery shall be solely responsible for facilitating such delivery and the payment of additional charges, as determined by DBHL Service, if any.

6. PRODUCT INSTALLATION

6.1 Upon request by a Customer, DBHL Service may arrange for the installation of product(s) delivered to the Customer’s premises within metropolitan areas of Melbourne, provided that the required services are available and no structural work is required (“DBHL Service installation”).

6.2 Unless otherwise stated or agreed upon among the Parties hereto, installation of product(s) shall be free, and shall not be itemised or mentioned separately in the invoice, order, quotation, estimate, etc. The non-refundable charges for installation of the product(s) shall be included in the net price of the product(s) mentioned in the invoice.

6.3 DBHL Service recommends that the product(s) be installed in accordance with the product(s) installation instructions that accompany each product, and applicable governing law(s) and regulations. If a product is not installed in accordance with the instruction manual, this may affect the manufacturers warranty. DBHL service will only install product(s) in accordance with the instruction manuals of the product(s). A request to verify or rectify the installation of a product(s) installed by a party other than DBHL Service will incur additional fees and charges, details of which will be provided by DBHL Service.

6.4 A DBHL Service Installation Includes:

6.4.1 Unpacking and preparing appliance(s) for installation (inclusive of the removal of protective film).

6.4.2 Disposal of packaging materials.

6.4.3 Inspection of appliance(s) for any existing damage or defect.

6.4.4 Inspection of facilities before starting. Such inspection shall be made only during the first visit and shall not be applicable on revisits, if any. In case DBHL Service is required to re-inspect the facilities and/or the compatibility of the product(s) with the facilities, there shall be additional charges for the same, as determined by DBHL Service.

6.4.5 Connection of the appliance(s) to existing electric, and/or water service tap and/or gas tap.

6.4.5.1 Electrical, gas and water inlet(s) and/or outlet(s) must be within one (1) metre of product.

6.4.5.1.1 Extensions, part(s) and/or accessories to connect the product(s) to inlet and outlet connections further than one (1) metre may include additional fees and charges.

6.4.5.1.2 Inlet and outlet connections must be visible and accessible.

6.4.5.2 Water tap must be inch male thread.

6.4.5.3 Gas connection(s) must be attached with a flexible gas-approved hose and a gas tap to gas connection(s).

6.4.5.3.1. Where flexible gas-approved hose(s) and/or gas tap(s) do not exist, DBHL Service will install such extension(s), part(s) and/or accessories to the product(s) at additional fees and charges, details of which will be provided by DBHL Service.

6.4.6 Insertion of appliance into cavity or niche and securing to cavity.

6.4.7 Levelling and securing your appliance.

6.4.8 Testing your appliance to make sure it’s performing accurately and provide a functional user demonstration.

6.4.9 Disposal of existing appliance(s) (excluding refrigeration) on request (additional fees and charges may apply).

6.5 A DBHL Service installation does not include:

6.5.1 Removal, re-fitting or completion of structural, cabinetry or flooring work, including but not limited to the removal of access doors, securing a plinth, trimming or modifying any cabinetry, flooring, kick panel or door panel.

6.5.2 Fitting of reducer valves, nor the completion of any plumbing or electrical works.

6.5.3 Tampering or modification of any product(s)

6.5.3.1 In case DHBL Service staff encounters difficulties in removing/uninstalling old product(s) or part(s) thereof due to incorrect old installation, deterioration of surroundings, etc, additional charges will be applicable. Further, if the fault is due to some flaw in the old installation or surroundings and DBHL Service needs to repair such old installation or surroundings, additional charges will be applicable.

6.5.4 Any plumbing, gas fitting and/or electrical works.

6.5.5 Removal of old flues and/ or appliance accessories. In case DBHL Service agrees to remove old flues and/or appliance accessories, additional prescribed charges shall apply.

Please note: Installation of the product(s) can only occur if correct plumbing and electrical works have been completed.

6.6 Prior to the date of DBHL Service installation, the Customer must ensure that all required plumbing, gas fitting, and electrical works have been completed upstream and downstream from the product.

6.7 The facilities where the appliance(s) are to be installed should be inspected by the Customer prior to installation to ensure that they are free from any defects or obstructions and existing appliances are removed from the niche or cavity.

6.8 The Customer must advise DBHL Service prior to the date of DBHL Service installation of any obstructions which may prevent or hinder the installation, including, but not limited to:

– Access obstructions;

– Lack of power and/or distance to power inlet;

– Lack of water and/or distance to water inlet and outlet;

– Lack of gas and/or distance to gas inlet;

– Other works being completed at the premises;

– Hazardous materials and/or substances located at the premises; and

– Flooring deficiencies.

– Cabinetry and/or panels that are part of, or surrounding the existing installed product.

6A. WHEN KEYS TO CUSTOMER PREMISES ARE LEFT WITH THE REAL ESTATE OR PLACED IN THE MAILBOX / ANY OTHER CONSPICUOUS PLACE

6A.1 In case DBHL Service is requested by the Customer to pick up the keys / swipe cards for access to their premises, for the purposes of delivery / installation of the product(s), from any Real Estate or from mailbox or any other conspicuous place, DBHL Service shall not be liable for maintaining the confidentiality and secrecy of the information about the location of such keys / swipe cards. For the purposes of this Agreement, the phrase keys / swipe cards means and includes, without limitation, general keys, number codes, swipe cards, elevators cards, etc., that are used to gain access to the building, premises, and / or the level of appliance. Further, the keys / swipe cards must carry their own label and return address.

6A.2 In its sole discretion, DBHL Service may agree to pick up keys / swipe cards, in which case additional charges for each pick up, collection and/or return may be invoiced to the Customer, unless otherwise stated or agreed upon among the Parties hereto. It shall be incumbent upon the Customer to find out such additional charges from DBHL Service, if applicable. Further, pick up keys / swipe cards fee, if any, shall be invoiced separately to the Customer or itemised on the invoice, regardless if the delivery or installation is undertaken or not, and regardless whether the keys have been lost in the process. Further, the Customer shall be invoiced the same number of times as it takes DBHL Service to pick up the keys / swipe cards.

6A.3 DBHL Service shall not be liable in any manner whatsoever for the lost keys / swipe cards of the Customer premises. However, DBHL Service shall take all reasonable care and steps to prevent such loss. Further, DBHL Service shall not be required or asked to pay for the charges related to the lost keys / swipe cards.

6A.4 To the maximum extent permissible by law, DBHL Service shall not be held liable or accountable for any theft or any other incident resulting in damage to life and / or property within or without the Customer premises, while DBHL Service is in possession of such keys / swipe cards.

6A.5 Except as provided for hereinabove clauses 6A.1 to 6A.4, DBHL Service requires the presence of at least one adult individual (of or over the age of 18 years) known to or related to (in case the Customer is not available) the Customer for the purposes of signing the documents regarding the delivery / installation of the product(s) at the Customer premises. DBHL Service shall presume that such an individual possesses implicit and explicit authority of the Customer to act on their behalf.

6A.6 During delivery and/or installation of the product(s) at the Customer premises, DBHL Service shall not be liable for any damage or injury or loss to the pets/locks/belongings/furniture in the Customer premises, in case the premises are locked. Similarly, we shall not be liable for any loss or damage to any person or property suffered when DBHL Service is asked to leave keys / swipe cards at a publicly accessible place after delivery and/or installation. DBHL Service shall take all reasonable care, without any obligation, to prevent such loss, damage or injury; however, the responsibility and liability for such an eventuality lies with the Customer and/or Real Estate.

6A.7 The Customer understands and agrees that if DBHL Service is requested to return the keys / swipe cards, DBHL Service will do so whenever it is feasible and practical for the concerned staff. The Customer shall not be entitled to any compensation monetary or otherwise for any delay in return delivery of keys / swipe cards.

7. OWNERSHIP AND RISK

7.1 DBHL Service or the manufacturer(s) of the product(s) or product(s) agent(s) remain the owner of the product(s) until the price is paid in full to DBHL Service and the product(s) have been delivered to the Customer.

7.2 The Customer must not sell or otherwise deal with the product(s) until the price is paid in full to DBHL Service. If the Customer purports to do so, the Customer will be deemed to hold the proceeds of sale or other realisation (or the amount equal to the outstanding) on trust for DBHL Service.

7.3 Notwithstanding clauses 7.1 and 7 .2, the risk of loss of, or damage to, the product(s) passes to the Customer upon delivery. After delivery, the Customer is responsible for storing the product(s) prior to any installation and is liable for any loss or damage which occurs during such storage.

7.4 While delivering and/or installing the product(s), the access to the Customer premises must be immediate and should not exceed five (5) minutes, failing which DBHL Service, in its sole discretion, may cancel delivery and/or installation, and the Customer may be invoiced separately for rebooking the delivery and/or installation. Further, in case proper parking of DBHL Service vehicle is not feasible within or around the Customer premises, DBHL Service, in its sole discretion, may cancel delivery and/or installation until parking issue is resolved to the satisfaction of DBHL Service.

7.5 In case there is no one at Customers premises to receive the delivery or installation of the product(s), DBHL Service reserves the right, in its sole discretion, not to return later in the day and/or cancel/refuse the job. In case DBHL re-visits the Customer premises for delivery or installation, there may be additional re-delivery charges applicable to the Customer.

7.6 DBHL Service requires the presence of at least one adult individual (of or over the age of 18 years) known to or related to (in case the Customer is not available) the Customer for the purposes of signing the documents regarding the delivery / installation of the product(s) at the Customer premises. DBHL Service shall presume that such an individual possesses implicit and explicit authority of the Customer to act on their behalf.

7.7 In case DBHL Service is asked to prepare Job Safety Analysis, Material Safety Data Sheets, or any other forms on the Customer premises during delivery and/or installation, DBHL Service may charge the Customer for such service.

7A. PRIVACY

7A.1 In the execution of its responsibilities at the Customer premises, DBHL Service takes adequate steps to ensure that the privacy of the Customer is not compromised.

7A.2 At times, DBHL Service may require taking photographs and pictures and /or record sound(s) and / or video(s) digital or electronic or alike at the Customers premises to assist in the part ordering, job completion, auditing, customer complaint handling, data entry, training, education, troubleshooting, dispute resolution, and other administrative and operational matters. In pursuance, thereof, the Customer hereby gives their implicit consent to allow DBHL Service to use technology / camera / sound recorders, etc. in their premise, unless stated or agreed otherwise.

7A.3 In further pursuance thereof, DBHL Service reserves the right to collect certain information about the user(s) of the product(s) in the house and report such data to appropriate personnel for the purposes of data entry and analysis/ auditing / training / education / troubleshooting / dispute resolution, etc. DBHL Service shall never disclose, share, or sell such data to any third party, except as required by any appropriate legal authority.

7A.4 DBHL Service shall use any information collected from the Customer only for the operation of their business in an efficient manner, and enforcing their rights arising out of various legal agreements entered in the course of business.

8. WARRANTY

8.1 All product(s) sold by DBHL Service are sold with guarantees that cannot be excluded under Australian Consumer Law. The customer is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. The customer is also entitled to have the goods repaired or replaced if good fail to be of acceptable quality and the failure does not amount to a major failure. The customers rights under the Australian Consumer Law commence from the date of product(s) purchase. In addition, to these rights, and the remedies that may be available to the customer under the Australian Consumer Law or any other law that applies to the good(s) the customer purchase/s from DBHL Service, the Customer may also be entitled to additional benefits under the terms of the any Manufacturer Warranty relating to the purchased product(s).

Should a Customer experience a problem with product(s) specified in this Agreement during the manufacturers warranty period, they should contact the manufacturer of the product(s) immediately. Unless mentioned, or agreed upon among parties hereto, otherwise, DBHL Service does not provide repair or service work for product(s) specified in this Agreement that are within the manufacturer warranty period.

8.2 DBHL Services warrants that installation work(s) undertaken by DBHL Service to product(s) specified in this Agreement are free from defects in material(s) and/or part(s) and/or workmanship for ninety (90) days from the date of installation.

8.2.1 Installation work is only applicable to work undertaken by DBHL Service to the Customers product(s) specified in clause 6 of this Agreement.

8.3 This DBHL Service warranty will not apply if the installation(s) is/are rendered faulty by a factor other than a defect in material(s), part(s) and workmanship.

8.4 Customer must retain proof of purchase (receipt) in order to be eligible to make a warranty claim under this clause 8.

8.5 The warranty in this clause 8 is independent of, and does not exclude or limit, any non-excludable statutory warranties and conditions implied by such legislation.

8.6 The warranty in this clause commences from the day of delivery and/or installation, irrespective of the occupancy of the Customer within their premises and/or usage or non-usage of the product(s) for any length of time.

8.7 Unless mentioned, or agreed upon among parties hereto, otherwise, if the Customer requests to install new product(s) and DBHL Service is asked to dispose of the old product(s), the ownership of such old product(s) gets transferred to DBHL Service without any compensation and/or scrap cost to the Customer.

9. GOVERNING LAW

This Agreement is subject to the laws of the State of Victoria, Australia and the parties submit to the exclusive jurisdiction of the Courts in the State of Victoria, Australia.

10. SEVERANCE

Should any part of these terms and conditions be held void or unlawful, this Agreement will be read and enforced as if the void or unlawful provision(s) has/have been deleted.

11. DEFINITIONS

‘Agreement’ means the agreement entered into pursuant to clause 1.1.

‘Customer’ means the person or entity whose name and address appears on the order as the purchaser of the product/s.

Invoice is the invoice issued to the Customer upon the receipt, delivery and/or installation of the Customers product.

‘Order’ means the order provided by the Customer to DBHL Service for the purchase of the product(s) and includes an order by way of acceptance by the Customer of a tender, quotation or offer made by DBHL Service.

‘Order confirmation’ means the written confirmation of the order by DBHL Service.

‘Price’ means the price payable by the Customer to DBHL Service for the product(s) as specified in the order confirmation.

‘Product(s)’ means the appliance(s) and/or product(s) referred to in the order.

Real Estate means and includes any reference to property manager(s), managing company, facility manager(s), or premise owner(s), as used herein.

‘Security payment’ means the amount paid by the Customer to DBHL Service with the order.

Tenant means an occupant or inhabitant of any place.

Last updated: 02 April 2013