Terms and Conditionsof Sale
ASKO Appliances (Aust.)Pty Ltd (ACN 007 007 329)
1 Definitions
ASKO, we, us or our means ASKOAppliances (Aust.) Pty Ltd (ACN 007 007 329).
Customer, you or your means the person or entity whose name and addressappears on the Orderas the purchaser of the Product/s.
Order means the order provided by theCustomer to ASKO for the purchase of the Product/s and includes an order by wayof acceptance of a tender, quotation or offer made by or on behalf of ASKO.
Order Confirmation means thewritten confirmation of the order by ASKO.
2 Agreement
2.1 An agreement ismade between ASKO and the Customer for the purpose of the product/s specifiedin the Order (Products) if and when ASKO issues an OrderConfirmation to the Customer in respect of that order (Agreement).
2.2 The Agreementcomprises the Order, the Order Confirmation, reference to these Terms andConditions of Sale and any other additional terms as agreed in writing by ASKO.The Order Confirmation prevails over the Order to the extent of anyinconsistency.
3 Promotional Items
3.1 From time to timeASKO will undertake special offers and /or promotions. Separate terms andconditions 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 servicesis 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 theCustomer. The applicable amount will be automatically generated from ASKO’sonline ordering system.
5.2 Subject to clause5.3, full paymentof the Price is required prior to delivery of the Product/s.
5.3 All orders for ASKOex-display, consignment and/or factory second stock must be paid in full attime of Order.
6 Cancellation Fee
6.1 If you cancelyour order, ASKO will refund all monies paid excluding the applicable cancellationfee.
6.2 A cancellationfee of up to $200 (AUD) may apply to the Order. You acknowledge that this is areasonable amount to compensate ASKO for its resulting loss and damaged caused bythe cancellation.
7 Default in payment
7.1 If the Customerfails to make any payment to ASKO when due, the Customer must, withoutprejudice to any other right or remedy of ASKO:
(a) reimburse ASKOfor all reasonable costs and expenses incurred by ASKO in relation to theoutstanding debt and chasing payment of it; and/or
(b) upon reasonablenotice by ASKO, return the Product/s to ASKO or permit a representative of ASKOreasonable access to the location of the Product/s to repossess the Product/s.
8 Delivery
8.1 All Orders mustbe settled and delivered within 6 months of the Order Confirmation. Orders notsettled and delivered within this time frame may be cancelled by ASKO and ASKOmay charge the applicable cancellation fee in accordance with clause 5.2.
8.2 If ASKO electsnot to cancel an Order pursuant to clause 8.1, or untilASKO elects to cancel an Order pursuant to clause 8.1, a storagefee of $15.00 excluding GST per Productper month, or part thereof, will apply.
8.3 Subject to clause 8.4, ASKO will deliver the Product/s to thedelivery location specified in the Order Confirmation.
8.4 ASKO is notrequired to deliver the Product/s in accordance with clause 8.3 if thelocation to which the Product/s are to be delivered is outside a metropolitanarea of Melbourne, Sydney, Adelaide, Perth or Brisbane, or an agreed area asspecified by ASKO. ASKO may instead notify the Customer of the location atwhich 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 willuse reasonable commercial endeavours to deliver the Product/s on the DeliveryDate.
8.7 If the model ofthe Product/s is discontinued, superseded, or not available for delivery on theDelivery Date, ASKO will notify the Customer prior to the Delivery Date that:
(a) ASKO is preparedto instead supply a model of equivalent or superior standard, and specify thatmodel and any addition to the Price for the model change; or
(b) there is noequivalent model available and this Agreement is therefore terminated withimmediate effect. Any amounts previously paid by the Customer in relation tothat Product under this Agreement will be refunded within 21 days. TheCustomer’s rights are limited to this refund.
8.8 If the Customeraccepts 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’soffer under that clause 8.7(a).
8.9 If the Customerrejects ASKO’s offer of an alternative model under clause 8.7(a), this Agreement is thereby terminated with immediate effect. Anyamounts previously paid by the Customer in relation to that Product under thisAgreement will be refunded within 21 days. The Customer’s rights are limited tothis refund.
8.10 ASKO will deliverthe Product/s at a time arranged by ASKO and the Customer for such delivery (Nominated Delivery Time). In the eventthat the Customer is not present to accept delivery of the Product/s on the DeliveryDate and Nominated Delivery Time, the Customer will be liable to pay ASKO a feeto re-deliver the Product/s on a new delivery date and time to be agreedbetween the Customer and ASKO. This re-delivery fee must be paid by theCustomer prior to ASKO re-delivering the Product/s at the new delivery date andtime.
8.11 Subject to clause10 and applicable consumer protection legislation, if the Customeraccepts delivery of the Product/s (or collects the Product/s in accordance withclause 8.4) and subsequently changes their mind about the Product/s the subjectof 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 ofthe relevant Product/s (provided they are in new condition) from the Customer;and
(b) providereplacement Product/s to the Customer.
In these circumstances, the Customer must pay:
(c) any differencebetween the Price of the relevant Product/s being returned and the specified priceof the relevant replacement product/s; and
(d) a re-stocking feeof 15% of the Price of the relevant Product/s to be returned.
The Customer acknowledgesthat this re-stocking fee represents the reasonable costs incurred by ASKO inaccepting and repackaging the Product/s for sale. ASKO will not impose there-stocking fee where the Customer is not at fault.
8.12 If ASKO is unableto contact the Customer after making reasonable attempts to arrange delivery orcollection of the Product/s, ASKO may give the Customer 30 days notice oftermination of this Agreement.
8.13 If the Customerfails to take delivery or collect the Product/s within this notice period, thisAgreement is terminated immediately upon expiry of the 30 day period.
9 Product Installation
9.1 ASKO can arrangeinstallation of ASKO washing machines, tumble dryers, dish washers, andstacking kits delivered to the Customer's premises within metropolitan areas ofMelbourne, Sydney, Brisbane, Perth and Adelaide, installation provided is basedon a like to like replacement and does not include any structural work orupgrades to plumbing, electrical or carpentry work (ASKO Installation). This installation will incur fees and chargesthat will be advised by ASKO prior to commencement of an ASKO Installation
9.2 ASKO advises thatthe Products are to be installed as per the ASKO Installation instructions thatare provided with each Product. If an ASKO product is not installed inaccordance with the instruction manual, this may affect the ASKO warrantyoffered. An ASKO Installation means thatthe Products will be as per the ASKO instruction manual. A service fee will be charged to inspect orrectify ASKO Product/s that has been installed by a person/company other than aASKO or ASKO Service Agent.
9.3 Without limitingthe 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 inrespect of any consequential loss or damage which occurs as a result ofinstallation of the Product/s by anyone other than ASKO or an ASKO ApprovedService Agent, and the warranties described in clauses 11.2 and 11.3 will not apply to these Product/s.
9.4 An ASKOInstallation will give you the peace of mind that the product has beeninstalled as per ASKO guidelines to ensure proper product performance as wellas demonstration of proper use of the Product.
9.5 ASKO Installationincludes:
(a) unpacking andproduct readiness for installation. Inspection for any existing damage orvisible defects;
(b) disposal ofpackaging materials;
(c) installation of ASKOstacking kits;
(d) connection of theProduct(s) to existing water inlet and/or electric service (water inlet and electricalsupply point must be within 1.5m of product);
(e) insertion of Productinto designated location compliant to relevant standards and suitable for theproduct being installed;
(f) levelling andsecuring your Product where required;
(g) testing your Productto ensure proper functioning and use of functional demonstration;
(h) dishwasher installationincludes securing dishwasher to adjoining cabinetry where required; and
(i) installation of laundryProducts 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 tofacilitate installation of their products on the scheduled date:
(a) power /waterinlet is provided and distance from the Product maintained. The water valve (tap)must be ¾ inch male thread;
(b) location and cabinetryshould be inspected for any defects and free from any obstruction to access it.Existing appliances have been removed from the cabinetry or niche or wherethere is no unrestricted access to the product from all sides and top;
(c) there is a waterdrain outlet for laundry and kitchen Products that require drainage;
(d) water pipes arerobust and fit for purpose (connection to old copper pipes especially);
(e) any dangerous, hazardousmaterial or substances have been removed from the install vicinity; and
(f) any flooringdeficiencies that will prevent/hinder proper installation of Product.
9.7 If the mattersset out in clause 9.6 have not been attended to, ASKO is under no obligation tocarry out an ASKO Installation.
9.8 All Productsinstalled by ASKO or an Asko Service Agent are warranted for 12 months forworkmanship. Any changes to the original installation will void theinstallation warranty.
10 Ownership and Risk
10.1 ASKO remains theowner of the Product/s until the Price is paid in full to ASKO and theProduct/s have been delivered to the Customer.
10.2 Notwithstandingclause 10.1, the risk or loss or damage to the Product/s passes to the Customerupon delivery.
11 Warranties
11.1 Consumer statutoryguarantees as to the merchantability and fitness for purpose of the Product/sare implied under Australian consumer protection legislation and are notexcluded by this Agreement, but may be limited as otherwise set out in clause 11 (to theextent permitted by law).
11.2 In addition tothe statutory guarantees, ASKO warrants that the Product/s will be free fromdefects in material and workmanship for a period of twenty four (24) monthsfrom the Delivery Date (ASKO Warranty).
11.3 To the extentpermitted by law, in relation to ASKO appliances ordered for use in a commercialenvironment, a three (3) month ASKO warrantyperiod will apply from the Delivery Date (ASKOCommercial Warranty).
11.4 To the extentpermitted by law, the ASKO Warranty and the ASKO Commercial Warranty will notapply if the Product/s are:
(a) damaged throughmisuse, including, but not limited to when the Product/s are:
(i) used for purposesfor which the product was not sold or designed;
(ii) operated on anelectrical, water or gas supply which exceeds the ratings specified on therating plate of the Product or damage was due to incorrect or defective powersupply;
(iii) incorrectlystored, mounted, subjected to a severe climate or subject to a similarinfluence;
(iv) not maintained orserviced as required in the written materials provided with the Product;
(v) operated when itwas known to be defective; or
(vi) used in any waycontrary to any written instructions for use provided by ASKO or an AskoApproved Service Agent; or
(b) installed byanyone other than ASKO or an Asko Approved Service Agent.
11.5 To the extentpermitted by law, should ASKO be liable for breach of a condition or warrantyimplied by Division 1, Part 3-2 of Schedule 2 (The Australian Consumer Law) ofthe Competition and Consumer Act 2010(Cth) (other than a condition or warranty implied by section 51 of Schedule2 our liability for the breach will belimited to one of the following as determined by us:
(a) the replacementor repair of the Product/s or the supply of equivalent products; or
(b) the payment ofthe cost of replacing or repairing the Product/s or acquiring equivalent Product/s.
11.6 To the extentpermitted by law, ASKO is not liable for any indirect, special or consequentialloss or damage arising in any way in relation to, or use of, the Product/s.
11.7 Withoutlimiting or restricting any statutory or implied warranties or consumerguarantees that may apply to goods and/or services sold under thisAgreement, where the Order (or Order Confirmation) includes used or second handgoods, 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 areintended to be commonly used, are not free from the specified defects whichASKO has notified to the Customer prior to providing order confirmation;
(b) the goods have beeninspected by the Customer prior to placing the order and have been determinedby the Customer as being fit for their intended purpose; and
(c) the Customer has not disclosed to ASKO anyother purpose for which the goods are intended to be used.
12 Catalogue/Website and Samples
12.1 The Customeracknowledges, agrees and accepts that there may be variations in the colourand/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 ofour agents;
(b) from those as appearing on ASKO’s website orthe website of our agent from whom you purchased the Product; or
(c) from any samples provided by ASKO or ouragent.
13 Force Majeure
13.1 If delivery isprevented or delayed, in part or all, by reason of an Act of God, or theconsequence thereof including, but not limited to fire, flood, typhoon,earthquakes, or by reason of riots, wars, hostilities, terrorism, governmentrestrictions, trade embargoes, strikes, lockouts, labour disputes, boycottingof goods, ship shortage, delays or damage in transportation or other causesbeyond ASKO’s control, ASKO may, at its sole and unfettered option, perform theAgreement or the unfulfilled portionthereof within a reasonable time from the removal of the cause preventing ordelaying performance, or rescind unconditionally and without liability, the Agreementor the unfulfilled portion thereof.
14 Privacy Policy
14.1 ASKO is bound by the Privacy Act1988 (Cth) and must comply with the Australian Privacy Principles. You canfind more information about the Privacy Act and the Australian PrivacyPrinciples at the Office of the Australian Information Commissioner’s websiteat: www.oaic.gov.au.
14.2 We understand that you value your privacy and wish to have yourpersonal information kept secure. For these reasons, ASKO places a highpriority on the security of the personal information we hold. We have developeda Privacy Policy to inform you of how ASKO manages your personal informationand 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 thepersonal information we hold about you, and seek the correction of suchinformation, if you believe it to be incorrect.
14.5 Our PrivacyPolicy also contains information about how you may complain about a breach ofthe Australian Privacy Principles (APPs) and how we will deal with such acomplaint.
15 Privacy Collection Notice
15.1 ASKO collects personalinformation 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 includesprocessing payments, the delivery of goods, the provision of warranties andmanaging warranty claims), or if it is reasonable to expect that we would useor disclose your personal information for purposes which are related to theabove purposes. The personal information collected isused to help us provide you with the best service possible, and to assist ininteracting with you. If you do not provide the necessary personal informationwe may not be able to provide the product or service (including warrantyservices) you have requested from us.
15.2 Unless it isunreasonable and impracticable to do so, ASKO collects your personalinformation from you directly. In many cases, this information is collected byus through our online interface system which is operated by the retail storefrom whom you purchase our products, acting as our agents. In some caseshowever, we may collect information about you and third parties associated withyou or your advisers from a third party (such as ASKO Authorized Agents, ASKOAftersales Service Providers and extended warranty insurance companies).
15.3 In some cases ASKOwill be required or authorised by Australian law, or the order of a court ortribunal to collect personal information about you. We will take reasonable steps tolet you know that we have collected your personal information, unless it isobvious from the circumstances that you would know or would expect us to havethe information.
15.4 ASKO may discloseyour personal information to the following third parties:
(a) the retail storefrom whom you purchase one of our products, acting as our sales agents;
(b) our RelatedBodies Corporate as defined in section 9 of the Corporations Act 2001 (Cth), including members of the GorenjeGroup;
(c) third partyinsurers if you have purchased an extended warranty in relation to one of ourgoods (ASKO Aftersales Service providers);
(d) third partiesengaged by us to assist in providing services, information and products to you(ASKO Aftersales Service providers);
(e) IT technicianswho may need access when providing on-site support; and
(f) file storageservice providers.
15.5 We may discloseyour personal information to recipients in Slovenia which is where our parentcompany is located.
15.6 Contact Us
(a) ASKO’s contactdetails in respect of any issues in relation to privacy are:
Telephone (03) 8551 2200
Email privacy.officer@asko.com.au
Post ASKOAppliances (Aust.) Pty Ltd
35 Sunmore Close
MOORABBIN VIC 3189
16 Governing Law
16.1 This Agreement isgoverned by and construed in accordance with the laws of the State of Victoria,Australia and the parties irrevocably submit to the exclusive jurisdiction ofthe courts of or in that State.
17 Terms and Conditions Revisions
17.1 ASKO may at any timerevise these Terms and Conditions by updating this posting. Any changes to ourTerms and Conditions will be published on the ASKO VARA website, or may beobtained from ASKO. Such changes will not affect any existing Agreements andonly apply to Orders after such updates are posted.