As a consumer, you have certain rights under consumer protection legislation, including the Australian Consumer Law (Consumer Rights). Your Consumer Rights include statutory guarantees that any products supplied to you will be of acceptable quality, match their description and be fit for any purpose made known to the supplier, and that any services supplied will be carried out with reasonable care and skill. When a statutory guarantee is breached, consumers are entitled to a range of remedies including, in some cases, damages for reasonably foreseeable losses. Manufacturers of goods also have an obligation to compensate consumers for loss or damage if the consumer is injured or consumer goods are damaged due to a safety defect in goods supplied. For more information on your Consumer Rights, you can visit the Australian Competition and Consumer Commission's website at www.accc.gov.au. Nothing in these Conditions of Repair is intended to exclude, restrict or modify any of your Consumer Rights.
All products returned to Bose® Pty Ltd ("Bose," "we," "our" or "us") for repair are subject to these Conditions of Repair. By providing your product to us for repair, you agree to be bound by these Conditions of Repair.
NOTE: Repairs sent to Bose® Pty Ltd - Australia via an authorised Bose® reseller or service provider may incur a handling & freight charge which is not included in the fee. Please check prior to presentation to an on-forwarder of any charges.
*1. CHARGES & PAYMENT*
1.1 We will not charge for carrying out service/repairs where they are required to remedy a defect in the product which is covered by the Bose® Manufacturer's Warranty or where you are entitled to a remedy under the Australian Consumer Law, provided you are able to provide us with proof of your original purchase of the product.
1.2 We accept the following forms of payment for all service/repairs: Visa card, MasterCard, American Express, Money Orders and Business Cheques only, Cash. All charges must be paid prior to collection or dispatch of your product from us.
*2. REPLACED PRODUCTS & PARTS*
2.1 Products 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 Product/s.
2.2 If we replace your product or parts of your product with a new or refurbished product or parts, unless otherwise agreed with you, the replaced product or parts will pass to us and we may dispose of the replaced product or parts in our discretion.
*3. BOSE'S LIABILITY*
3.1 Except for those warranties, representations or guarantees contained or referred to in the Australian Consumer Law or that may not otherwise be legally excluded, and subject to the express warranty set out in Annexure 1, Bose® excludes all warranties, representations or guarantees (whether express, implied or statutory) in relation to our repair of your product.
3.2 You acknowledge that the repair of your product may result in the loss of software or data stored, residing or recorded in your product. Except to the extent that you have rights under any warranties, representations or guarantees contained or referred to in the Australian Consumer Law or that may not otherwise be legally excluded, we will not be liable for any defects in or damage to any such software or data nor for any loss, corruption or breach of such data.
3.3 If any products or services supplied by Bose to you under these Conditions of Repair are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and to the extent that we are otherwise allowed by law to do so, we limit our liability to you for breach of any non-excludable statutory or implied condition, representation, warranty or guarantee to:
(a) if the breach relates to products:
(i) the replacement or repair of the products, or the supply of equivalent products; or
(ii) the payment of the costs of replacing or repairing the products, or acquiring equivalent products; and
(b) If the breach relates to services, the supply of the services again or the payment of the cost of having the services supplied again.
*4. UNCOLLECTED GOODS*
4.1 It is your responsibility to arrange delivery of your product to us for repair and to arrange for it to be collected from us when we notify you that repairs have been completed and the product is ready for collection.
4.2 It is a condition of Bose® accepting your product for repair that the product is subject to the provisions of the Uncollected Goods Act (NSW) 1995, which confer on us a right of sale exercisable in certain circumstances. If you have not collected your product and paid all charges due within 6 months after we have provided you with notice that your product is ready for collection by you, we will consider your product abandoned and we will be entitled to exercise our legal rights to dispose of the product. We will provide all notices to you that we are required to provide under law in relation to the exercise of our right of disposal by delivering such notice to the mailing address you provide when you submit your product to us for repair. Bose® may dispose of your product in accordance with law, and specifically we may sell your product at a private or public sale or by such other legally permitted means without liability to you. We may deduct from any disposal proceeds any amounts owing to Bose and any remainder will be dealt with in accordance with the law.
5.1 These Conditions of Service are governed by the laws of New South Wales.
5.2 If any provision or part of a provision of these Conditions of Service is found to be illegal or unenforceable, that provision or part of the provision (as the case may be) will no longer be part of the Conditions of Service, and the Conditions of Service will be enforceable as though that provision or part of the provision (as the case may be) was never part of them.
5.3 These Conditions of Service are the only ones that govern Bose's repair of your product. Except as otherwise stated in these Conditions of Service, no other oral or written terms or conditions apply.