Repair Terms and Conditions
Your repairs from Halogen DJ Company A.B.N. 31 905 594 410 (hereby referred to as “The Firm” in this document) is subject to these Terms and Conditions of Repair. “Repair” is hereby defined as “maintenance, repair and replacement of equipment, parts, hardware and software in accordance with the clients’ request and consent, to the equipment’s operational intention and purpose.” in this document. Upon making a booking with the Firm, you accept these terms and agree to be bound by them, and an agreement is formed between the Firm and you. If you do not accept these Terms, you must refrain from using this website or making a booking with the Firm. Once you have accepted these terms and conditions by making a booking, damages or other judicial remedies may be sought by us upon any refusal to abide by our terms and conditions.
For future orders, these terms may be different and so we recommend you read these terms carefully each time you agree to them during the booking process.
1. Expectations of the Client & Client Conduct
a) The Firm does not tolerate violent, aggressive or abusive behaviour from anyone under any circumstances. The Firm reserve the right to terminate their services at any time they feel their personal safety is under threat.
b) The client agrees to pay the total additional fees and to observe the terms and conditions contained in this agreement.
a) Prices for Goods and services are as shown or represented by the Firm.
b) Online payments are handled by Credit Card and PayPal.
c) Charges are based on the cost of labour and spare parts as of the date of the agreement.
a) Should the client wish to cancel the repair, the cost of inspection as well as any additional fees, is charged to the credit card provided or any other means. This is non-refundable.
b) This cancellation fee is in process as soon as the booking is made, with no gestation period.
c) All prior payments, whether they be deposits or full payments are non-refundable.
d) The Firm reserves the right to charge the cancellation fee in the event that the customer is unable to move forward with the order due to insufficient funds, specified service amount, etc.
e) Without prejudice to any other rights or remedies, the Firm reserves the right to refuse service to any customer.
4. Fees Payable
a) The Firm reserves the right to change the prices of goods at any time without notice to the client to reflect any increase in the cost to the Firm arising from:
i) Any change in the pick-up time or time upon which the equipment is required by the client.
ii) Any delay caused by other instructions of the client.
iii) Failure of the client to give adequate information, notice, instructions or relevant access etc.
b) For returns or pick-ups conducted outside of our office hours, a penalty shall be payable for each 15 minutes. This can be taken out of the bond or the Credit Card and any other means.
c) The expenses of the Firm, legal or otherwise, occasioned by the clients’ breach of this Agreement. This can be charged to the credit card provided or any other means.
d) The Firm may request a deposit payable by the client at the time of acceptance by the client of the quotation or at the time when any order is accepted by the Firm. Without prejudice to any other rights or remedies available to the Firm against the client, the Firm shall be entitled to retain such deposit. This and any other payments made prior to repair (part or full) are non-refundable.
e) All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.
f) In the event that the client’s booking requires to be postponed, each case will be evaluated and possibly rescheduled at the discretion of the Firm.
g) If a repair is required urgently, a rush fee can be charged upon request of the client in order to receive service sooner. A rush fee per item may apply and are non-refundable.
h) In the event of the client’s failure to collect equipment after receiving notification of completed repairs a storage charge may apply.
a) Once entered into this contract, refunds are only permitted in accordance with the terms of this contract; and the Australian Consumer Law, to the extent that the prior does not contravene the latter.
b) The clients are not entitled to a refund if they are simply unhappy with the repairer.
c) All refunds are taken on a case by case basis, and are NOT GUARANTEED by this contract.
d) Refunds or partial refunds may be given in the case of equipment being faulty at the fault of the Firm.
e) Any disputes are to remain private between the client and the Firm, and signed documentation stating that they adhere to this is to be signed before any refunds can be given.
f) Should the client breach this contract by publicly renouncing the Firm on any third party public forum, online, verbal, printed etcetera, the Firm retains the right to refuse a refund and to pursue the matter further whether that be private between the client and the Firm, or legal action.
a) The client must check all equipment and confirm that the repairs have been performed to their satisfaction. It shall be conclusively presumed as between the Firm and the client that the equipment has been received in good condition and is in every way satisfactory for the clients’ purposes.
b) The Firm shall not be liable to the client or be in breach of the agreement by reason of any delay in repair, or any failure to repair, any of the Firm’s obligations in relation to the equipment or the services if the delay or failure was due to any cause beyond the Firm’s reasonable control.
c) The Firm will not be liable for the loss, corruption or inability to retrieve data stored on equipment provided for repairs.
d) The Firm does not retrieve data for customers and may have to erase data as part of the repair process.
e) The client accepts that there are risks of damage and loss associated with the repair and maintenance service of any equipment, parts, software or hardware. The client accepts that the Firm is not liable for any such damage or loss.
f) The Firm strongly encourage that the client should do a full backup of data and system prior to any repair and maintenance service being provided by the Firm.
7. Firm – Pick Up & Delivery of the Equipment
a) If the client requests the Firm to deliver the equipment, the Firm requires a 7 hour time period for pickup and delivery. The Firm is not obligated to wait more than 15 minutes upon time of arrival at the specified location. If the Firm needs to wait more than 15 minutes there will be additional fees, proportionate to the time spent waiting, decided upon by The Firm.
b) All delivery payments (both for equipment and delivery/pick up services) must be made in full before the date of delivery.
c) The client must also ensure that the Firm is provided with adequate parking arrangements between the times that the equipment will be delivered and picked up.
d) The client must also ensure easy accessibility for the delivery and pick up of all equipment.
8. Customer- Pick Up & Delivery of the Equipment
a) The client must test the equipment before leaving the warehouse to ensure that it is in proper working condition. It is the responsibility of the client to ensure the equipment is in proper working condition prior to accepting the return of the equipment.
b) The client must carry 3 forms of I.D. including a current driver’s license, the credit card specified over the phone as well as a utility bill from within the last 3 months of the date of the repair.
c) The client agrees to be responsible for any loss suffered by the Firm as a result of the equipment not being retrieved at the end of the repair period.
9. Subject to Availability of Parts
a) The client acknowledges that parts or components utilized in the repairs may be second hand.
b) Any representations made about stock or part availabilities are accurate to the last known stock level and are subject to change. If the Firm cannot supply a particular product or part, the Firm will notify the client as soon as possible.
c) The Firm will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
d) The Firm shall obtain the clients’ express permission to repair or to fit repaired units where new parts quoted for are unavailable or not obtained within a reasonable time.
e) In addition to the price for replacement parts, the client will also need to pay the advertised delivery charge (if any).
f) If the Firm agrees to deliver goods outside of Australia, international delivery charges will apply. International Delivery Charges, applicable to the clients’ relevant country, will apply.
g) By placing an order, the client agrees to pay the price for the goods, any delivery charge, any additional delivery charge and any International Delivery Charge.
h) All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.
10. Uncollected Items
a) Any client’s property that is not collected within:
i) 30 days of notification to collect (and services have not been paid for)
ii) 3 months after date of notification to collect (and the services have been paid for)
will become the property of the Firm. At this time we reserve the right to dispose of, use the property and components or peripherals in any matter we should choose to, or may be sold by the Firm and applied to recover costs to the Firm. Any equipment which is not collected by the client and in respect of which payment for repairs carried out has not been made within thirty days of the client having been advised of the completion of the work, may be sold by the Firm and the cost of the repairs and any storage charges may be deducted by the Firm from the net proceeds of the sale of the equipment. However, before proceeding to sell the equipment the Firm shall first give the client seven days written notice of its intention to do so which notice shall be sent to the contacts of the client last known to the Firm and shall be deemed to have been received by the client.
b) A storage fee will apply from after 7 days of notification of completed repairs.
11. Consequential Loss
In respect of the repair of equipment or their use by the client, the Firm shall in no circumstances be liable to the client for consequential loss of any nature whatsoever (and whether caused by the negligence of the Firm, its employees or agents or otherwise) whether for loss of profit, loss of business or otherwise.
a) The privacy of the client’s personal information is important to The Firm.
b) The Firm and its third parties may collect personal information directly from the client when the client register as a member of the Firm, when the client place an order, or when the client contact the Firm’s Customer Service Team. Personal information may include the client’s name, residential and/or postal address, telephone number and email address.
c) The client’s personal information is not collected if the client only browse this website.
d) Members of The Firm, the franchisor, their related bodies corporate and their authorised third parties, may use the client’s personal information for the purposes for which the client give it to any of them and for their own internal purposes. The client agree that The Firm and/or its third party may use the client’s email address to send the client messages concerning the client’s membership account, any Orders the client place and information about the products sold that The Firm thinks may be of interest to the client. If the client would prefer not to receive promotional or other material from The Firm or its third parties, they may advise the Firm; and the latter will respect the client’s request. The client also agree that The Firm may contact the client to arrange delivery or collection of the client’s order.
e) The client may request the Firm to remove the client’s personal information from its database by contacting the Customer Service Team.
f) Unless otherwise advised by the client, the Firm reserves the right to use any photography and videography taken during the function period for promotional purposes. The Firm will not do so if the client withdraws this authorisation.
13. Firm’s Representations
The Firm shall not be liable whatsoever for any direct, consequential, incidental, special or indirect misrepresentation arising in any way whatsoever out of this Agreement.
14. Termination & Breach of Contract
a) The Firm will take the reasonable precautions to avoid non-fulfilment of the contract by management and or the repairer. However, in the event of non-fulfilment on the part of the Firm, the contracted repairer will then only be liable for the sum up to and not exceeding the repair cost. The Firm will not be liable for any further charges or compensation.
b) The Firm are entitled to terminate this contract without liability if for any reason beyond its control the repairer is unable to perform, due to fire or theft of equipment, illness, breakdown of vehicle, or any other event beyond the repairer or Firm’s control. The repairer will use all reasonable endeavours to locate a replacement repairer. However, in the unlikely event of a non-fulfilment all monies paid will be refunded and this will be the limit of our liability to the client.
c) Under Health & Safety laws, the repairer(s) can withdraw or refuse to repair any unsafe equipment or hardware where the safety of the Firm’s representatives or the public may be jeopardised. In this unlikely event, the booking will be terminated and the full repair fee payable.
d) If the client shall make default in payment, or commit any other breach of the contract or if any arrestment, charge or other legal process shall be levied upon the clients’ property or assets, or if the client shall make or offer to make any arrangement or composition with creditors or become apparently insolvent or commit any act of bankruptcy, or if any petition of bankruptcy shall be presented or made against him, or if the client is a limited Firm, a resolution or petition to wind up such Firm (other than for the purposes of amalgamation or reconstruction shall be passed or presented, or if a liquidator or receiver or administrator of such Firm’s undertaking, property, assets or any part thereof shall be appointed, the Firm shall have the right to immediately terminate the contract and to declare all sums due and to become due under the contract either for the full term of the service period as the case may be immediately due and payable). Failure of due and payable amount will incur a daily charge until payment has cleared.
15. Laws of Victoria
a) These terms will be governed by and interpreted in accordance with the laws of Victoria, Australia and the client irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
b) If the client access the website in a jurisdiction other than Victoria, Australia, the client are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. The Firm makes no representations that the content of the website complies with the laws of any country outside Australia.
c) If any part of these terms are found to be void, invalid, unlawful or unenforceable, that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between the client and The Firm.
d) The failure by The Firm to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by The Firm.