CAMERAFIX STANDARD TERMS FOR REPAIR SERVICE Please read these terms carefully to ensure that you are properly informed about important matters such as your payment obligations, your warranty entitlements, CameraFix’s liability to you, and CameraFix’s right to dispose of uncollected goods. Customers who deliver their goods in person are requested to sign to indicate their acceptance of the terms. Customers who receive this document by mail are asked to contact CameraFix within 24 hours if they object to any of the terms.
1. Definitions and application of terms These terms apply to the Customer’s goods (“the Goods’) and the CameraFix services (“the Services’) specified in the Goods Received Form issued by CameraFix to the Customer. They apply in addition to any other relevant terms which CameraFix may notify to the Customer in writing and the Customer may accept (“Other Relevant Terms”). This includes, by way of example, the CameraFix Warranty, where the goods are to be repaired in accordance with that warranty. In the event of conflict between the terms set out in this document and the Other Relevant Terms, the Other Relevant Terms will prevail.
2. Timing of Repairs CameraFix will use its best endeavours to perform the Services by any date notified to the Customer, but will not have any liability to the Customer for failing to do so except as otherwise expressly provided by law.
3.1 Subject to the Customer’s entitlement under the Australian Consumer Law (ACL) or the Olympus’ Australian Warranty, all Services (including the provision of spare parts and other materials) will be paid for by the Customer at CameraFix’s current rates (including GST). Additional charges, including estimation rejection fees and freight costs, may also be payable by the Customer.
3.2 All amounts payable by the Customer must be paid prior to delivery or upon collection of the Goods. Account holders must pay within 30 days from the date of invoice.
4. Transportation of goods
4.1 Except as required by law (including under the ACL), the Customer is responsible for arranging for delivery of the Goods to CameraFix. CameraFix has no responsibility for anything that may happen to the Goods in transit to CameraFix.
4.2 Except where the Goods are to be collected by the Customer following completion of the Services, CameraFix will arrange for the Goods to be returned to the Customer. If there is any material damage to the Goods during transit to the Customer, CameraFix will repair the Goods at no cost to the Customer.
5.1 CameraFix warrants that any repairs to the Goods performed by CameraFix will restore the Goods to compliance with manufacturers’ specifications. However this does not apply to any defective aspect of the Goods which the Customer has not asked CameraFix to repair or which is due to wear and tear of the Goods.
5.2 The warranty stated in clause 5.1 expires six months from the date of invoice. However, the consumer guarantees under the ACL may apply beyond this period.
5.3 The Customer’s sole and exclusive remedy under the warranty stated in clause 5.1 is the right to require CameraFix to perform the Services again where there are problems arising once the unit has been returned from CameraFix to the Customer within the period stated in 5.2. It is the responsibility of the Customer to return the Goods to CameraFix within a reasonable time from the date of invoice.
5.4 Physical damage, sand, mud or liquid ingress of any nature, may void all express warranties. (Waterproof Cameras will be assessed separately).
6. Service Estimate for cost of Repairs
6.1 All Service Estimation letters will document the cost of repairs, which will be communicated to the Customer via Mail, Fax, E-mail or SMS services.
6.2 When a Service Estimation is issued to the Customer and no response has been received from Customer, CameraFix will send a reminder letter to the Customer after 72 hours of the first Service Estimation letter stated in section 6.1. The Customer will have a further 48 hours to respond.
6.3 If there is no response from the Customer after 48 hours, as stated in section 6.2, the goods will be returned back to the Customer and fee of $44.00 (including GST) for all DSLR, Micro Four-Thirds, Silver Halide or Audio products, or a fee of $16.50 (including GST) for all Digital Compact Cameras, will be charged to the Customer.
6.4 If CameraFix cannot contact the Customer as stated in section 6.3 via Phone, Mail, Fax, E-mail or SMS services, the goods will then be deemed as ‘Uncollected Goods’. See section 7.
7. Disposal of Uncollected Goods
7.1 This clause applies if the Customer fails to collect the Goods after completion of the Services and CameraFix has been unable to arrange for the goods to be returned under clause 4.2. In those circumstances, the Customer agrees that CameraFix may dispose of the Goods in accordance with this clause.
7.2 One month after the date of invoice, CameraFix will send a written reminder to the Customer at the Customer’s last notified address to CameraFix by the Customer. CameraFix will repeat this procedure two months and then three months after the date of invoice if the Customer does not collect the Goods or instruct CameraFix to send the Goods to the Customer before then. It is the Customer’s responsibility to keep CameraFix informed of any changes to the Customer’s address.
7.3 The Customer shall pay to CameraFix a fee of $44 (including GST) for each reminder letter issued to the Customer pursuant to clause 7.2 other than the first one, to cover CameraFix’s administrative and storage costs.
7.4 If after four months from the date of invoice the Customer has not collected the Goods or requested CameraFix to send the Goods to the Customer at a fee of $44.00 (including GST) or $16.50 (including GST) (depending on product), CameraFix may dispose of the Goods by such means as it considers appropriate, including (but not limited to) private sale, auction, gift or destruction. CameraFix will apply the proceeds of any sale of the Goods in the following sequence until the proceeds are exhausted: (a) to pay any amount owed by the Customer in relation to the Services; (b) to pay any unpaid fees of the kind referred to in clause 7.3; (c) to pay any other amounts owed by the Customer to CameraFix; and (d) as a donation to a registered charity of CameraFix’s choosing.
7.5 If the proceeds of sale of the Goods are insufficient to cover the amounts referred to in paragraphs 7.4(a)-(c) above, CameraFix reserves the right to recover the shortfall from the Customer. 8. Liability Apart from the liabilities accepted by CameraFix in clauses 4.2 and 5.3, CameraFix expressly excludes all liability to the Customer in relation to the Services, the Goods and anything done or not done by CameraFix in accordance with these terms. This exclusion includes (but is not limited to) liability in negligence and liability for indirect, special or consequential loss (including without limitation loss of film or picture card, loss of or defective images, loss of audio data card, loss of or defective audio files, wasted expenditure, loss at income or business opportunities and loss of employment).