CANON AUSTRALIA PTY LTD - REPAIR SERVICES TERMS
1. Australian Consumer Law
1.1 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
1.2 The customer acknowledges that due to the nature of the services and the goods, repairs made to the goods may result in loss of any data. It is the customer's responsibility to save or back up data prior to repair.
1.3 In some circumstances, goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
2.1 These terms are governed by the laws of New South Wales and each party agrees to submit to the non-exclusive jurisdiction of the courts of New South Wales.
3.1 Canon will use its best endeavours to perform the services by the date notified to the customer. In some circumstances, delivery of the services may be affected by factors out of its control, such as parts availability.
4.1 Canon will issue an invoice to the customer for any services carried out. Canon is not obliged to release or send the goods until after the customer has paid any such outstanding amounts.
4.2 All chargeable services (including the provision of spare parts and other material) will be paid for by the customer at Canon's current rates (including GST). Additional including quote rejection fees and costs, where notified by Canon, may also be payable by the customer.
4.3 Any amount payable by the customer for the services must be paid:
(a) prior to the goods being returned to, or collected by the customer; or
(b) within any approved trading terms between Canon and the customer.
5. Transportation of goods
5.1 Unless otherwise specified in the product warranty or agreed between the parties, customer is responsible for arranging delivery of the goods to Canon for the services, at customer's expense.
5.2 Upon completion of the services, Canon will return the goods to the customer at the customer's expense except where:
(a) goods are collected by the customer; or
(b) costs are required to be under Canon's expense under the terms of a product warranty.
5.3 If the goods are lost or are significantly damaged during transit in delivery back to the customer, Canon shall repair the goods at Canon's expense. The customer must notify Canon immediately upon receipt if the goods are lost or significantly damaged.
5.4 If Canon is unable to repair the goods as required in clause 5.3, Canon will replace the good with new goods that are the same or similar (as reasonably determined by Canon) to the goods.
6.1 Canon warrants it has exercised due care and skill when providing the service and has taken all necessary care to avoid loss or damage.
6.2 Canon warrants for a period of 6 months from the date of invoice, the goods will be free from defect in workmanship under normal use and service.
6.3 In the event of faulty workmanship, Canon limits its liability, to the maximum extent permitted by law, to performing the services again.
7. Disposal of Uncollected goods
7.1 In the event customer fails to pay for and/or collect the goods within four months from the date of invoice, Canon may at its absolute discretion dispose of the goods by such means as it considers appropriate, including (but not limited to) private sale, auction, gift or destruction.
7.2 Canon is not obliged to account for any sale or proceeds to the customer.
8. Limitation of Liability
8.1 Where services are not for goods ordinarily acquired for personal, domestic or household use or consumption and fail to comply with a consumer guarantee under the Australian Consumer Law, Canon limits its liability to the remedy set out in clause 6.3. All other potential liabilities are expressly excluded.