Terms and Conditions
of Sale
ASKO Appliances (Aust.)
Pty Ltd (ACN 007 007 329)
1 Definitions
ASKO, we, us or our means ASKO
Appliances (Aust.) Pty Ltd (ACN 007 007 329).
Customer, you or your means the person or entity whose name and address
appears on the Order
as the purchaser of the Product/s.
Order means the order provided by the
Customer to ASKO for the purchase of the Product/s and includes an order by way
of acceptance of a tender, quotation or offer made by or on behalf of ASKO.
Order Confirmation means the
written confirmation of the order by ASKO.
2 Agreement
2.1 An agreement is
made between ASKO and the Customer for the purpose of the product/s specified
in the Order (Products) if and when ASKO issues an Order
Confirmation to the Customer in respect of that order (Agreement).
2.2 The Agreement
comprises the Order, the Order Confirmation, reference to these Terms and
Conditions of Sale and any other additional terms as agreed in writing by ASKO.
The Order Confirmation prevails over the Order to the extent of any
inconsistency.
3 Promotional Items
3.1 From time to time
ASKO will undertake special offers and /or promotions. Separate terms and
conditions will apply to Products sold as part of a promotion or offer.
4 Price
4.1 The Price payable by the Customer to ASKO for the Product/s or services
is the price specified in the Order Confirmation provided by ASKO to the Customer
(Price).
5 Payment
5.1 A minimum of 25%
of the Price is payable as a security payment upon submission of the Order by the
Customer. The applicable amount will be automatically generated from ASKO’s
online ordering system.
5.2 Subject to clause5.3, full payment
of the Price is required prior to delivery of the Product/s.
5.3 All orders for ASKO
ex-display, consignment and/or factory second stock must be paid in full at
time of Order.
6 Cancellation Fee
6.1 If you cancel
your order, ASKO will refund all monies paid excluding the applicable cancellation
fee.
6.2 A cancellation
fee of up to $200 (AUD) may apply to the Order. You acknowledge that this is a
reasonable amount to compensate ASKO for its resulting loss and damaged caused by
the cancellation.
7 Default in payment
7.1 If the Customer
fails to make any payment to ASKO when due, the Customer must, without
prejudice to any other right or remedy of ASKO:
(a) reimburse ASKO
for all reasonable costs and expenses incurred by ASKO in relation to the
outstanding debt and chasing payment of it; and/or
(b) upon reasonable
notice by ASKO, return the Product/s to ASKO or permit a representative of ASKO
reasonable access to the location of the Product/s to repossess the Product/s.
8 Delivery
8.1 All Orders must
be settled and delivered within 6 months of the Order Confirmation. Orders not
settled and delivered within this time frame may be cancelled by ASKO and ASKO
may charge the applicable cancellation fee in accordance with clause 5.2.
8.2 If ASKO elects
not to cancel an Order pursuant to clause 8.1, or until
ASKO elects to cancel an Order pursuant to clause 8.1, a storage
fee of $15.00 excluding GST per Product
per month, or part thereof, will apply.
8.3 Subject to clause 8.4, ASKO will deliver the Product/s to the
delivery location specified in the Order Confirmation.
8.4 ASKO is not
required to deliver the Product/s in accordance with clause 8.3 if the
location to which the Product/s are to be delivered is outside a metropolitan
area of Melbourne, Sydney, Adelaide, Perth or Brisbane, or an agreed area as
specified by ASKO. ASKO may instead notify the Customer of the location at
which the Product/s are available for collection.
8.5 Subject to clause8.6 the proposed delivery date will be the date specified in the Order Confirmation
(Delivery Date).
8.6 Subject to clause8.7, ASKO will
use reasonable commercial endeavours to deliver the Product/s on the Delivery
Date.
8.7 If the model of
the Product/s is discontinued, superseded, or not available for delivery on the
Delivery Date, ASKO will notify the Customer prior to the Delivery Date that:
(a) ASKO 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
(b) there is no
equivalent model available and this Agreement is therefore terminated with
immediate effect. Any amounts previously paid by the Customer in relation to
that Product under this Agreement will be refunded within 21 days. The
Customer’s rights are limited to this refund.
8.8 If the Customer
accepts ASKO’s offer of an alternative product in accordance with clause 8.7(a), the Product/s and the Price will be taken to be varied according to ASKO’s
offer under that clause 8.7(a).
8.9 If the Customer
rejects ASKO’s offer of an alternative model under clause 8.7(a), this Agreement is thereby terminated with immediate effect. Any
amounts previously paid by the Customer in relation to that Product under this
Agreement will be refunded within 21 days. The Customer’s rights are limited to
this refund.
8.10 ASKO will deliver
the Product/s at a time arranged by ASKO and the Customer for such delivery (Nominated Delivery Time). In the event
that the Customer is not present to accept delivery of the Product/s on the Delivery
Date and Nominated Delivery Time, the Customer will be liable to pay ASKO a fee
to re-deliver the Product/s on a new delivery date and time to be agreed
between the Customer and ASKO. This re-delivery fee must be paid by the
Customer prior to ASKO re-delivering the Product/s at the new delivery date and
time.
8.11 Subject to clause10 and applicable consumer protection legislation, if the Customer
accepts delivery of the Product/s (or collects the Product/s in accordance with
clause 8.4) and subsequently changes their mind about the Product/s the subject
of the Agreement (including where the Customer orders the incorrect Product),
ASKO may, in its discretion and upon request by the Customer, agree to:
(a) accept return of
the relevant Product/s (provided they are in new condition) from the Customer;
and
(b) provide
replacement Product/s to the Customer.
In these circumstances, the Customer must pay:
(c) any difference
between the Price of the relevant Product/s being returned and the specified price
of the relevant replacement product/s; and
(d) a re-stocking fee
of 15% of the Price of the relevant Product/s to be returned.
The Customer acknowledges
that this re-stocking fee represents the reasonable costs incurred by ASKO in
accepting and repackaging the Product/s for sale. ASKO will not impose the
re-stocking fee where the Customer is not at fault.
8.12 If ASKO is unable
to contact the Customer after making reasonable attempts to arrange delivery or
collection of the Product/s, ASKO may give the Customer 30 days notice of
termination of this Agreement.
8.13 If the Customer
fails to take delivery or collect the Product/s within this notice period, this
Agreement is terminated immediately upon expiry of the 30 day period.
9 Product Installation
9.1 ASKO can arrange
installation of ASKO washing machines, tumble dryers, dish washers, and
stacking kits delivered to the Customer's premises within metropolitan areas of
Melbourne, Sydney, Brisbane, Perth and Adelaide, installation provided is based
on a like to like replacement and does not include any structural work or
upgrades to plumbing, electrical or carpentry work (ASKO Installation). This installation will incur fees and charges
that will be advised by ASKO prior to commencement of an ASKO Installation
9.2 ASKO advises that
the Products are to be installed as per the ASKO Installation instructions that
are provided with each Product. If an ASKO product is not installed in
accordance with the instruction manual, this may affect the ASKO warranty
offered. An ASKO Installation means that
the Products will be as per the ASKO instruction manual. A service fee will be charged to inspect or
rectify ASKO Product/s that has been installed by a person/company other than a
ASKO or ASKO Service Agent.
9.3 Without limiting
the generality of any other provision of these Terms and Conditions of Sale,
ASKO is not under any liability to the Customer or to any other person in
respect of any consequential loss or damage which occurs as a result of
installation of the Product/s by anyone other than ASKO or an ASKO Approved
Service Agent, and the warranties described in clauses 11.2 and 11.3 will not apply to these Product/s.
9.4 An ASKO
Installation will give you the peace of mind that the product has been
installed as per ASKO guidelines to ensure proper product performance as well
as demonstration of proper use of the Product.
9.5 ASKO Installation
includes:
(a) unpacking and
product readiness for installation. Inspection for any existing damage or
visible defects;
(b) disposal of
packaging materials;
(c) installation of ASKO
stacking kits;
(d) connection of the
Product(s) to existing water inlet and/or electric service (water inlet and electrical
supply point must be within 1.5m of product);
(e) insertion of Product
into designated location compliant to relevant standards and suitable for the
product being installed;
(f) levelling and
securing your Product where required;
(g) testing your Product
to ensure proper functioning and use of functional demonstration;
(h) dishwasher installation
includes securing dishwasher to adjoining cabinetry where required; and
(i) installation of laundry
Products include removal of transit bolts and levelling.
9.6 Prior to an ASKO Installation,
the Customer is to ensure the following has been carried out / cleared to
facilitate installation of their products on the scheduled date:
(a) power /water
inlet is provided and distance from the Product maintained. The water valve (tap)
must be ¾ inch male thread;
(b) location and cabinetry
should be inspected for any defects and free from any obstruction to access it.
Existing appliances have been removed from the cabinetry or niche or where
there is no unrestricted access to the product from all sides and top;
(c) there is a water
drain outlet for laundry and kitchen Products that require drainage;
(d) water pipes are
robust and fit for purpose (connection to old copper pipes especially);
(e) any dangerous, hazardous
material or substances have been removed from the install vicinity; and
(f) any flooring
deficiencies that will prevent/hinder proper installation of Product.
9.7 If the matters
set out in clause 9.6 have not been attended to, ASKO is under no obligation to
carry out an ASKO Installation.
9.8 All Products
installed by ASKO or an Asko Service Agent are warranted for 12 months for
workmanship. Any changes to the original installation will void the
installation warranty.
10 Ownership and Risk
10.1 ASKO remains the
owner of the Product/s until the Price is paid in full to ASKO and the
Product/s have been delivered to the Customer.
10.2 Notwithstanding
clause 10.1, the risk or loss or damage to the Product/s passes to the Customer
upon delivery.
11 Warranties
11.1 Consumer statutory
guarantees as to the merchantability and fitness for purpose of the Product/s
are implied under Australian consumer protection legislation and are not
excluded by this Agreement, but may be limited as otherwise set out in clause 11 (to the
extent permitted by law).
11.2 In addition to
the statutory guarantees, ASKO warrants that the Product/s will be free from
defects in material and workmanship for a period of twenty four (24) months
from the Delivery Date (ASKO Warranty).
11.3 To the extent
permitted by law, in relation to ASKO appliances ordered for use in a commercial
environment, a three (3) month ASKO warranty
period will apply from the Delivery Date (ASKO
Commercial Warranty).
11.4 To the extent
permitted by law, the ASKO Warranty and the ASKO Commercial Warranty will not
apply if the Product/s are:
(a) damaged through
misuse, including, but not limited to when the Product/s are:
(i) used for purposes
for which the product was not sold or designed;
(ii) operated on an
electrical, water or gas supply which exceeds the ratings specified on the
rating plate of the Product or damage was due to incorrect or defective power
supply;
(iii) incorrectly
stored, mounted, subjected to a severe climate or subject to a similar
influence;
(iv) not maintained or
serviced as required in the written materials provided with the Product;
(v) operated when it
was known to be defective; or
(vi) used in any way
contrary to any written instructions for use provided by ASKO or an Asko
Approved Service Agent; or
(b) installed by
anyone other than ASKO or an Asko Approved Service Agent.
11.5 To the extent
permitted by law, should ASKO be liable for breach of a condition or warranty
implied by Division 1, Part 3-2 of Schedule 2 (The Australian Consumer Law) of
the Competition and Consumer Act 2010
(Cth) (other than a condition or warranty implied by section 51 of Schedule
2 our liability for the breach will be
limited to one of the following as determined by us:
(a) the replacement
or repair of the Product/s or the supply of equivalent products; or
(b) the payment of
the cost of replacing or repairing the Product/s or acquiring equivalent Product/s.
11.6 To the extent
permitted by law, ASKO is not liable for any indirect, special or consequential
loss or damage arising in any way in relation to, or use of, the Product/s.
11.7 Without
limiting or restricting any statutory or implied warranties or consumer
guarantees that may apply to goods and/or services sold under this
Agreement, where the Order (or Order Confirmation) includes used or second hand
goods, the Customer acknowledges and agrees that:
(a) the goods are acquired on an
"as is" basis and whilst fit for the purpose for which the goods are
intended to be commonly used, are not free from the specified defects which
ASKO has notified to the Customer prior to providing order confirmation;
(b) the goods have been
inspected by the Customer prior to placing the order and have been determined
by the Customer as being fit for their intended purpose; and
(c) the Customer has not disclosed to ASKO any
other purpose for which the goods are intended to be used.
12 Catalogue/Website and Samples
12.1 The Customer
acknowledges, agrees and accepts that there may be variations in the colour
and/or finish and/or texture of any actual Products supplied to the Customer:
(a) from those as appearing in ASKO’s catalogue, or a catalogue of one of
our agents;
(b) from those as appearing on ASKO’s website or
the website of our agent from whom you purchased the Product; or
(c) from any samples provided by ASKO or our
agent.
13 Force Majeure
13.1 If delivery is
prevented or delayed, in part or all, by reason of an Act of God, or the
consequence thereof including, but not limited to fire, flood, typhoon,
earthquakes, or by reason of riots, wars, hostilities, terrorism, government
restrictions, trade embargoes, strikes, lockouts, labour disputes, boycotting
of goods, ship shortage, delays or damage in transportation or other causes
beyond ASKO’s control, ASKO may, at its sole and unfettered option, perform the
Agreement or the unfulfilled portion
thereof within a reasonable time from the removal of the cause preventing or
delaying performance, or rescind unconditionally and without liability, the Agreement
or the unfulfilled portion thereof.
14 Privacy Policy
14.1 ASKO is bound by the Privacy Act
1988 (Cth) and must comply with the Australian Privacy Principles. You can
find more information about the Privacy Act and the Australian Privacy
Principles at the Office of the Australian Information Commissioner’s website
at: www.oaic.gov.au.
14.2 We understand that you value your privacy and wish to have your
personal information kept secure. For these reasons, ASKO places a high
priority on the security of the personal information we hold. We have developed
a Privacy Policy to inform you of how ASKO manages your personal information
and maintains its integrity and security.
14.3 ASKO’s Privacy Policy is available for you to view on our website (http://www.asko.com.au).
14.4 ASKO’s Privacy Policy contains information about how you may access the
personal information we hold about you, and seek the correction of such
information, if you believe it to be incorrect.
14.5 Our Privacy
Policy also contains information about how you may complain about a breach of
the Australian Privacy Principles (APPs) and how we will deal with such a
complaint.
15 Privacy Collection Notice
15.1 ASKO collects personal
information about you primarily to provide you with the product and services requested by you,
including the sale of goods and related after-sales services (which includes
processing payments, the delivery of goods, the provision of warranties and
managing warranty claims), or if it is reasonable to expect that we would use
or disclose your personal information for purposes which are related to the
above purposes. The personal information collected is
used to help us provide you with the best service possible, and to assist in
interacting with you. If you do not provide the necessary personal information
we may not be able to provide the product or service (including warranty
services) you have requested from us.
15.2 Unless it is
unreasonable and impracticable to do so, ASKO collects your personal
information from you directly. In many cases, this information is collected by
us through our online interface system which is operated by the retail store
from whom you purchase our products, acting as our agents. In some cases
however, we may collect information about you and third parties associated with
you or your advisers from a third party (such as ASKO Authorized Agents, ASKO
Aftersales Service Providers and extended warranty insurance companies).
15.3 In some cases ASKO
will be required or authorised by Australian law, or the order of a court or
tribunal to collect personal information about you. We will take reasonable steps to
let you know that we have collected your personal information, unless it is
obvious from the circumstances that you would know or would expect us to have
the information.
15.4 ASKO may disclose
your personal information to the following third parties:
(a) the retail store
from whom you purchase one of our products, acting as our sales agents;
(b) our Related
Bodies Corporate as defined in section 9 of the Corporations Act 2001 (Cth), including members of the Gorenje
Group;
(c) third party
insurers if you have purchased an extended warranty in relation to one of our
goods (ASKO Aftersales Service providers);
(d) third parties
engaged by us to assist in providing services, information and products to you
(ASKO Aftersales Service providers);
(e) IT technicians
who may need access when providing on-site support; and
(f) file storage
service providers.
15.5 We may disclose
your personal information to recipients in Slovenia which is where our parent
company is located.
15.6 Contact Us
(a) ASKO’s contact
details in respect of any issues in relation to privacy are:
Telephone (03) 8551 2200
Email privacy.officer@asko.com.au
Post ASKO
Appliances (Aust.) Pty Ltd
35 Sunmore Close
MOORABBIN VIC 3189
16 Governing Law
16.1 This Agreement is
governed by and construed in accordance with the laws of the State of Victoria,
Australia and the parties irrevocably submit to the exclusive jurisdiction of
the courts of or in that State.
17 Terms and Conditions Revisions
17.1 ASKO may at any time
revise these Terms and Conditions by updating this posting. Any changes to our
Terms and Conditions will be published on the ASKO VARA website, or may be
obtained from ASKO. Such changes will not affect any existing Agreements and
only apply to Orders after such updates are posted.