Introduction
In these Terms and Conditions "Company", "we", "our" and "us" means Adelaide Corporate Pty Ltd ACN 143 913 624 trading as Adelaide Appliance Repairs, Adelaide Oven Repairs, Kenwood Mixer Repairs, KitchenAid Mixer Repairs and Coffee Machine Repairz. "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.
1. Definitions
"Service Company" shall mean Adelaide Corporate Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of the Company.
"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 the Consumer Transactions Act 1972 (or any person acting on behalf of and with the authority of the Consumer).
"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.
"Goods" shall mean goods/services supplied by the Service Company to the Customer 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.
"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 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 providing your name, address, and appliance to our nominated drop-off point, or by completing and submitting our online booking. Our acceptance is confirmed by providing you with a booking confirmation or your acceptance of a written quote, at which point a binding contract is formed.
Any instructions received by the Service Company from the Customer for the supply of Goods/Services, and/or the Customer's acceptance of Goods/Services supplied, shall constitute acceptance of these terms and conditions.
Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments. These 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 or any change in the Customer's details.
The Customer shall collect their appliance(s) from the Service Company's premises within ten (10) working days of being advised they are ready for collection. Failure to do so shall entitle the Service Company to dispose of or on-sell the appliance(s), with any loss passed on to the Customer.
Any written communications, bookings, emails, texts or letters received or provided by the Service Company contain Confidential, Proprietary, or Privileged Information. The Customer agrees to keep all proprietary, privileged, or trade secret information confidential and not to disseminate it to any third parties without the express written permission of Adelaide Corporate Pty Ltd.
3. Price & Payment
The Price shall be either: (a) as indicated on invoices provided by the Service Company; or (b) the Service Company's quoted Price, which shall be binding provided the Customer accepts 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. Payment shall be due on or before delivery of the Goods/Services as stated on the invoice. If no time is stated, payment shall be due seven (7) days following the date of the invoice.
Payment may be made by cash, credit card, or any other method agreed between the Customer and the Service Company. GST and other applicable taxes and duties shall be added to the Price except where expressly included.
4. Delivery of Goods/Services
Delivery of the Goods/Services shall take place when: (a) the Customer takes possession at the Service Company's address; (b) the Customer takes possession at the Customer's nominated address; or (c) the Customer's nominated carrier takes possession, in which event the carrier shall be deemed the Customer's agent.
The costs of delivery are at the Service Company's sole discretion — either included in the Price, in addition to the Price, or for the Customer's account. The Customer shall make all arrangements necessary to take delivery when tendered. In the event the Customer is unable to take delivery as arranged, the Service Company shall be entitled to charge a reasonable redelivery fee.
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 due to failure to deliver promptly or at all.
5. Risk
All risk for the Goods/Services passes to the Customer on delivery. If 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.
Whilst the Service Company will take all due care, it shall not accept liability for any minor cosmetic damage (including scratches, cracks, and dents) that may be caused during delivery, repair, or removal of the appliance.
The Service Company shall not accept liability for: (a) damage to any thoroughfare used in accessing the appliance; (b) damage to the area surrounding the appliance; (c) damage to furnishings or floor coverings during delivery, repair, or removal; or (d) water damage caused during testing, disconnection, reconnection, or subsequent operation of the appliance.
The Service Company shall accept no liability for damage caused by failure of further components subsequent to repairs undertaken, unless due to the negligence of the Service Company.
6. Title
Ownership of the Goods/Services shall not pass to the Customer until: (a) all amounts owing for the particular Goods/Services have been paid; and (b) all other obligations due by the Customer have been met.
Receipt of any form of payment other than cash shall not be deemed payment until that form of payment has been honoured, cleared, or recognised. Until such time, the Service Company retains ownership or rights in respect of the Goods/Services.
The Service Company shall have the right to stop the Goods/Services in transit and may, if the Customer fails to return Goods/Services upon notice, enter premises where the Goods/Services are situated and take possession of them. The Customer is only a bailee of the Goods/Services until payment in full has been received.
7. Customer's 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, error, omission, misrepresentation or accidental damage made to the Customer or their property by the Service Company. The Customer acknowledges that the Goods/Services are bought relying solely upon the Customer's own skill and judgment.
8. Protection of Reputation
9. Not a Customer
If you have not bought goods and/or services you are not a customer. To publish any 'customer review' about the Company without its express permission that might be considered disparaging, derogatory, or may cause harm, loss or damage will be treated as "injurious falsehood", whereupon the Company at its discretion will take any action it feels necessary to ensure the published review is removed and may seek compensation for any loss or damage including legal costs.
10. Dispute Resolution
Before commencing any legal proceedings or other external means of resolution, the Customer must follow this escalation procedure:
- Notify the Company in writing advising of the reasons for dissatisfaction (the Issue) and your preferred resolution.
- If a suitable resolution cannot be reached within 14 days, the Customer agrees to file a complaint with the Office of Business and Consumer Affairs.
The parties must resolve the dispute by reference to the procedures and directions of the Office of Consumer and Business Affairs or the equivalent government department in the State where the Goods/Service was provided.
11. Indemnity
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 injury, death and/or damage to property — which may arise from the indemnifying party's 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.
12. Warranty
The Service Company warrants that if any defect in any workmanship becomes apparent and is reported within seven (7) days of the date of delivery (time being of the essence), then the Service Company will either replace or remedy the workmanship at its sole discretion.
The warranty shall not cover any defect or damage caused or partly caused by:
- Failure to properly maintain any Goods/Services;
- Failure to follow instructions or guidelines provided by the Service Company;
- Use otherwise than for any application specified on a quote or order form;
- Continued use after any defect becomes apparent;
- Fair wear and tear, any accident or act of God.
The warranty shall cease if the workmanship is repaired, altered or overhauled without the Service Company's consent. For Goods/Services not manufactured by the Service Company, the warranty shall be the current warranty provided by the manufacturer.
What is Not Covered
Our warranties do not cover any problem caused by: commercial use; accident; abuse; neglect; surge; electrostatic discharge; heat or humidity beyond product specifications; improper installation or operation; maintenance or modification; any misuse contrary to the user manual; or malfunctions caused by other equipment.
Further exclusions include:
- Operating an appliance while cooling or cooking fans are not functioning;
- Damage attributable to excessive force on doors, switches etc.;
- Operating an appliance while its safety devices are faulty;
- Leaving elements on full without a suitable load source or cycling;
- Spills or boil-over events where liquid ingress has compromised parts;
- Excessive use beyond the manufacturer's definition of average use;
- Parts not kept reasonably free from dirt, dust, rodents, insects, rust, or corrosion;
- Damage caused by dismantling, cleaning, detergents or scourers;
- Cosmetic damage such as dents and scratches not affecting ordinary operation;
- Consumable items (batteries, filters, dust-bags, brushes, globes);
- Repair, modification or tampering with the appliance or parts;
- Damage through misuse, neglect or accidental damage;
- Damage caused by wilful, negligent or dishonest acts, or vermin/insects;
- Use for a purpose for which the product was not intended;
- Use or operation after a defect has occurred or been discovered;
- Repairs completed independent of the Company;
- Loss, damage or costs incurred where no fault is identified;
- Normal maintenance costs, cleaning, lubrication or external adjustments;
- Any claim against you by any third party.
13. Warrantee Work
It is the Customer's sole responsibility to provide the Service Company with all necessary documentation and warrantee details. The Service Company shall not be liable in any way for the failure of the Warrantee Provider to accept the Customer's warrantee claim. If the Warrantee Provider fails to accept the claim for any reason, the Customer shall be liable for all costs incurred by the Service Company in relation to any work completed.
14. Payment Default
Interest on overdue invoices shall accrue daily at 2.5% per calendar month, compounding monthly, from the date payment becomes due until the date of payment.
If the Customer defaults in payment, the Customer shall indemnify the Service Company from and against all costs and disbursements incurred in pursuing the debt, including legal costs on a solicitor and own client basis and collection agency costs.
If any account remains overdue after thirty (30) days, an administration fee of the greater of $20.00 or 10% of the amount overdue (up to a maximum of $200.00) shall be levied and become immediately due and payable.
The Service Company shall be entitled to cancel all or any part of any order and all amounts owing shall become immediately payable if: (a) any money payable becomes overdue, or the Service Company believes the Customer will be unable to meet payments; (b) the Customer becomes insolvent or proposes an arrangement with creditors; or (c) a receiver, manager, or liquidator is appointed in respect of the Customer or any asset of the Customer.
15. Security
Where the Customer and/or the Guarantor 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 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 Service Company (or its nominee) shall be entitled to lodge a caveat where appropriate, which caveat shall be withdrawn once all payments and other monetary obligations have been met.
16. Cancellation
The Service Company may cancel any contract or cancel delivery of Goods/Services at any time before they are delivered by giving written notice to the Customer, and shall repay any sums paid in respect of the Price. The Service Company shall not be liable for any loss or damage 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 loss of profits) up to the time of cancellation.
17. Defects
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.
If the Customer fails 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 the Customer is entitled to reject, the Service Company's liability is limited to either replacing or repairing the Goods/Services at its discretion, except where the Customer has acquired Goods/Services as a consumer within the meaning of the relevant Australian consumer law.
18. Returns
Returns will only be accepted provided that: (a) the Customer has complied with clause 17; (b) the Service Company has agreed in writing to accept the return; (c) the Goods/Services are returned at the Customer's cost within seven (7) days of the delivery date; and (d) the Goods/Services are returned in the condition in which they were delivered, with all packaging material, brochures and instruction material in as new condition as is reasonably possible.
The Service Company may 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.
19. Trade Practices Act
Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Commonwealth Trade Practices Act 1974 ("TPA") or the Fair Trading Acts ("FTA") in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
20. 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 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 with credit providers named as trade referees or named in a consumer credit report for the following purposes:
- To assess an application by the Customer;
- To notify other credit providers of a default by the Customer;
- To exchange information with other credit providers as to the status of this credit account; or
- To assess the credit worthiness of the 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).
20.1 Surveillance Devices Act 2016
21. Unpaid Service Company's Rights
Where the Customer has left any item with the Service Company for quote, repair, modification, exchange or any other service, and the Service Company has not received or been tendered the whole of the Price, or payment has been dishonoured, the Service Company shall have one or more of the following rights:
- A lien on the item;
- The right to retain the item for the Price while the Service Company is in possession of the item;
- A right to sell the item to set off against the Price and costs.
The lien of the Service Company shall continue despite the commencement of proceedings, or judgment for the Price and Costs having been obtained.
22. Cancellation Fee or Missed Appointment
Cancellation must be made in writing and dated. The Customer cannot derive any rights from a verbal cancellation. Any cancellation must be made at least 24 hours prior to the service call date/time.
The cancellation fee will be based upon the total value of our minimum charge less 10% if booked online. A minimum charge of $110.00 will be due and payable on the day of late cancellation.
The customer acknowledges that preferred/alternate appointment times are guides only and not guaranteed. It is the customer's obligation to call a maximum of 1 hour before the allocated time if they require a more accurate arrival time.
If the customer reschedules within 24 hours of a missed appointment, a refund of $55.00 may be applied.
24. Issues That May Arise During Your Repair
24.1 Glazing, Tiling & Fragile Surfaces
Adelaide Corporate Pty Ltd will take all due care while handling any glazing/tiling/brittle or fragile materials. However, any damage while undertaking or subsequent to any repair/replacement works involving these material types is expressly excluded from the Service Company's risk or liability. These materials can suffer damage as a consequence of accident, transport, packing/unpacking, flaws, weakness, heat, movement, tension, or difficulty in removing them. If the Customer wishes the Service Company to be responsible for such an eventuality, they must seek the attending Technician's agreement in writing before any attempt is made.
24.2 Obsolete Spare Parts
If spare parts required to repair the appliance are obsolete and unobtainable from our suppliers, 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.
24.3 Full Access Required
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, we reserve the right to abort the repair and charge the full labour rate. If we are unable to move the appliance without damaging surrounding fascia, we will not be held liable for any resultant damage, unless the Customer has obtained the Technician's written agreement prior.
24.4 Installation Issues
Cabinet makers, carpenters and other kitchen equipment installers regularly install appliances without proper thought to future access requirements. Panels may be glued in place or secured by unseen methods. Often this means damage is done when removing them. The Customer must seek the Technician's written agreement prior if they wish the Service Company to be responsible for any such damage.
24.5 Disassembly Damage
Normal course of repairs includes disassembling or removing parts which can incur or increase damage to the part, appliance and its associated components. Disassembling rusted bolts/screws for instance can require more drastic methods such as heating, drilling, or shear force. Damage removing parts is sometimes unable to be predicted until after the fact. The Customer must seek the Technician's written agreement prior if they wish the Service Company to be responsible.
24.6 Customer's Attempted Repairs
24.7 Age & Condition of Appliance
The age/condition of an appliance is a big factor in deciding whether to proceed to complete any 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 with such a repair, they do so at their own risk.
24.8 Unintended Consequences
Unintended consequences are those we cannot have reasonably been expected to foresee during the course of any repair. Replacing appliances back into position might mean hoses are kinked, flexible wiring can be trapped/damaged, connections disturbed causing leaks, etc. The Company expressly excludes consequential liability to the full extent available by law. If the Customer wishes the Company to take responsibility for any consequential loss, they must advise the Company in writing prior to their booking. The Company reserves the right to reject any such request.
24.9 PCB (Printed Circuit Board)
24.10 Alternate/Substitute Parts
The Service Company reserves the right to use alternate or substitute parts without limit. An Alternate Part is a component that is a suitable replacement for another part in every assembly in which the original part occurs. A Substitute Part is a component that is a suitable replacement for another part in only one unit in which the original part occurs.
24.11 Superseded Parts
Superseded parts means a part has been replaced or updated by the manufacturer or 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, relying entirely on the manufacturer/supply agent as to its fitness for purpose. Often the Service Company is unaware the part has been superseded until we arrive to fit it.
23. General
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, the Customer's remedies shall be limited to damages, which under no circumstances shall exceed the Price of the Goods/Services.
The Service Company reserves the right to review these terms and conditions at any time. Any changes will take effect from the date on which the Service Company notifies the Customer.
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.