The Trustee for T Burke Family Trust (ABN 25 422 491 040)
T/AS Core Air
TERMS AND CONDITIONS OF REPAIR SERVICE
We thank you for choosing our company, we would like to make this repair one you will refer to your colleagues and friends as a most positive experience.
If you have any queries at all and would like an immediate response without having to ring, we encourage you to email (firstname.lastname@example.org) or fax (on 1800 354 310) our management team. We will then be able to gather the necessary information before contacting the customer.
1.1 In this Agreement, the following words have the following meanings:
“Agreement“ means these terms and conditions and any variation to or replacement of them;
“Appliance” means the appliance (or appliances) the Customer has requested the Company to repair;
“Charges” means the Company’s charges for performing the Works (including the Call Out Fee and the Company’s charges of travelling to and from the Site);
“Company” means The Trustee for T Burke Family Trust (ABN 25 422 491 040)
“Call Out Fee” means the fee charged by the Company for attending the Site (irrespective of whether any Works are performed);
“Customer” means the party who has executed this Agreement (other than the Company);
“Representative” means a representative of the Company;
“Site” means the address specified by the Customer for the performance of the Works;
“Works” means the repair works performed by the Company for the Customer (or at the request or direction of the Customer);
2. What We Need From You
2.1 The Company shall not be obliged to perform any Works (for which the Charges are to be covered by a manufacturer’s warranty) unless and until the Customer has provided the Company with:
(a) the model and serial number of the Appliance;
(b) the purchase receipt for the Appliance; and
(c) confirmation from the manufacturer of the Appliance that the Works are covered by a valid manufacturer’s warranty (and that the Charges will be paid by the manufacturer) OR confirmation from the Customer that the Customer shall pay the Charges on demand by the Company.
3. Customer’s Liability for the Charges
3.1 The Customer agrees and acknowledges that if:
(a) the Customer does not provide the Company with the information and materials described in clause 2.1 above;
(b) the Customer provides the Company with incorrect and false information and/or materials;
(c) the Company does not receive confirmation from the manufacturer of the Appliance that the Works are covered by a valid manufacturer’s warranty (and that the Charges will be paid by the manufacturer); or
(d) the Company attends the Site, but is unable (after reasonable inspection) to detect any fault in the Appliance,
the Customer shall pay the Charges (or any part of the Charges not covered by a valid manufacturer’s warranty) on demand by the Company.
3.2 If the Customer:
(a) is liable to pay the Charges; and
(b) fails to pay the Charges (or any part of the Charges) within 14 days of demand by the Company,
interest will accrue on the outstanding balance of the Charges (and be payable by the Customer) at a rate of 10% per annum until payment of the Charges is received by the Company.
4. Procedure for Works
4.1 Upon the Representative’s initial attendance at the Site, the Representative will inspect the Appliance.
4.2 Following the Representative’s inspection of the Appliance (and diagnosis of any faults in the Appliance), the Representative will:
(a) make a report to the manufacturer of the Appliance; and
(b) order any parts necessary for the Works from the manufacturer of the Appliance.
4.3 If the Customer is liable for payment of the Charges for any reason, the Company may require the Customer to immediately pay:
(a) the Call Out Fee; and
(b) an amount sufficient to cover the cost of the parts necessary for the Works (if any), prior to the Company ordering the parts necessary for the Works (if any).
4.4 Following the Company’s receipt of the parts necessary for the Works (if any), the Company will contact the Customer to make an appointment to perform the Works. The Customer must pay the balance of the Charges upon the completion of the Works.
4.5 Where the Works initially appear to be covered by a valid manufacturer’s warranty, if the Company becomes aware that the manufacturer of the Appliance is unwilling to pay the Charges, the Company shall advise the Customer as soon as possible, however, this clause shall not affect the Customer’s liability to pay the Charges.
5. Liability of Company
5.1 Except as otherwise expressly provided in this Agreement and subject to clauses 5.2 to 5.5 inclusive, the Company excludes all statements, representations, warranties, conditions, promises, undertakings, covenants and other provisions, express or implied (and whether implied by law (including Act of Parliament) or otherwise), relating to the Works, the materials used by the Company in performance of the Works, and any other services supplied by the Company (whether as to their merchantability, description, design, use, quality, suitability, fitness for any purpose, correspondence with any description or sample or otherwise), or their delivery, being provisions that might otherwise form part of these conditions, or any contract, or be collateral to or form part of any agreement that is collateral to these conditions, or any contract.
5.2 Subject to clause 5.4, the Company will not be liable to compensate or indemnify the Customer (or any other person) for any loss or damage suffered or incurred by the Customer (or any other person) in relation to the Works, the performance of the Works, the materials used by the Company in performing the Works, or any services supplied by the Company (including but not limited to any loss of profits or other economic loss or to loss arising from negligence or any other tort, in any case, whether direct, indirect, consequential or otherwise).
5.3 The Customer acknowledges that the Company (and its agents) will necessarily require access to the Equipment to perform the Works, and that accessing the Equipment may result in damage to the Premises. Without limiting clause 5.2, the Company shall not be liable for any damage whatsoever to the Premises caused or contributed to by the Company (or its agents) including (but not limited to) damage to roof tiles, damage to ceilings, walls or cornices, damage to floors, damage to painted surfaces or wallpaper or damage to any appliances in the Premises, irrespective of whether any such damage arises from negligence or any other tort, in any case, or whether the damage was caused directly, indirectly, was consequential or otherwise.
5.4 These conditions do not, and no provision of these conditions purports to, exclude, restrict or modify or have the effect of excluding, restricting or modifying:
(a) the application in relation to the supply of the goods or services of any provision of the Trade Practices Act 1974 or of any similar State or Federal legislation that may not be excluded, restricted or modified;
(b) the exercise of a right conferred by any such provision; or
(c) subject to the next paragraph, any liability of the Company for breach of a condition or warranty implied by such a provision.
5.5 The Company’s liability for a breach of a condition or warranty implied by a provision of Division 2 of Part V of the Trade Practices Act 1974 (other than a condition or warranty implied by section 69 of the Trade Practices Act 1974), or of any similar State or Federal legislation where the Company may similarly limit its liability, will be limited to any one of the following:
(a) the performance of the Works again; or (b) the payment of the cost of having the Works performed again,
and the Company may in its sole discretion determine which of the abovementioned limits will apply in any case.
5.6 The Customer agrees to indemnify the Company against any and all claims made by any person against the Company in connection with (or incidental to) the Works or the Company’s performance of the Works.
6. Governing Law
6.1 This Agreement is governed by and is to be interpreted in accordance with the laws of Western Australia and the parties submit to the non-exclusive jurisdiction of the courts of that State.
7.1 If any provision of this Agreement is held to be unlawful, invalid, unenforceable or in conflict with any rule of law, statute, ordinance or regulation it is to be severed so that the validity and enforceability of the remaining provisions are not affected.
8.1 Any failure by the Company to enforce the provisions of this Agreement shall not be or be construed as a waiver thereof, nor shall any custom or practice which may develop between the Customer and the Company be construed to waive or reduce the right of the Company to insist upon the observance or performance by the Customer of any of the Customer’s obligations under this Agreement.
I/we have read and understand the terms and conditions of service as conveyed within this document.
TERMS CONDITIONS 1ST September 2013 – COMMRAB The Trustee for T Burke Family Trust