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Terms and Conditions of Service

1. AGREEMENT

1.1 An agreement is made between DBHL Service Pty. Ltd. (DBHL Service) and the customer (Customer or Tenant) for the service or repair of the appliance(s) and the purchase of the part(s) incorporated in the appliance(s) in the course of the service or repair, if and when DBHL Service accepts the appliance(s) for service or repair (Agreement).

1.2 The Agreement comprises the order, order confirmation, these terms and conditions, and any additional terms as specified.

1.3 By checking the online check box, the Customer agrees to the terms and conditions contained herein. There is no additional requirement of physical signature for the validity of this Agreement.

1.4 On receipt of any order confirmation, quotation, estimate or invoice from DBHL Service through any means whatsoever, the Customer thereby agrees to the terms and conditions contained herein. There is no additional requirement of physical signature for the validity of this Agreement.

1.4 DBHL Service trades under different business names, viz. Repair My Oven, Repair My Dishwasher, Repair My Dryer, Repair My Fridge, Repair My Washing Machine, and Real Estate Appliance Repairs. This Agreement shall be applicable for all the trade names of DBHL Service.

2. PRICE

2.1 The price (Price) payable by the Customer to DBHL Service for the service or repair of the appliance(s) is the price(s) specified in the final invoice(s) (Final Invoice).

2.2 Estimate(s) or Quote(s) are not considered as final invoice, and are subject to price changes.

2.3 Each appliance nominated for service or repair by the Customer in this Agreement will be issued with an individual Final Invoice.

3. CAPPED LABOUR SERVICE, ‘LABOUR CHARGE,’ ‘MINIMUM CHARGE’ AND PART CHARGES EXPLANATION

Labour Charge, Minimum Charge and Capped Labour Service

3.1. DBHL Service, in addition to other applicable fees and charges, invoices a Labour Charge per appliance that the Customer nominates for service or repair in this Agreement.

3.1.1 The Labour Charge is not a a service call charge or a travelling charge.

3.1.2 The Labour Charge is calculated at $99 (Including G.S.T) for the first 30 minutes of the repair, and $33 (Including G.S.T) per 15 minutes thereafter. This Charge or price is subject to change. Please contact us directly for the current effective Labour charge, rate or fee calculations.

3.1.3 Labour Charge is calculated and invoiced to the Customer in 15 minute blocks after the first 30 minutes. This calculation is subject to change. Please contact us directly for the current effective Labour charge, rate or fee calculations.

3.1.3.1 A maximum of 2 (two) blocks after the first 30 minutes thereafter the Labour Charge is capped at the $165 (Including G.S.T). This calculation is subject to change. Please contact us directly for the current effective Labour charge, rate or fee calculations.

3.1.4 A Minimum Charge of $99 (Including G.S.T) is applicable per appliance that the Customer nominates for service or repair in this Agreement. This Charge or Price is subject to change. Please contact us directly for the current effective Minimum Charge, rate or fee.

3.1.5 A maximum of one (1) hour total Labour Charge time can be charged by DBHL Service to the Customer, where thereafter a Capped Labour Service becomes applicable. This calculation is subject to change. Please contact us directly for the current effective Labour charge, rate or fee calculations.

3.1.6 Unless otherwise stated by DBHL Service, the Labour Charge is the same for each appliance nominated for service or repair by the Customer in this Agreement.

3.1.7 Only one reported fault by a Customer is permitted per Labour Charge.

3.1.7.1 In case the Customer reports more than one fault for repair, DBHL Service may, in its sole discretion, quote an hourly rate or any other rate per appliance as determined by DBHL Service, in addition to the Capped Labour Charge.

3.1.7.2 Where the reported fault by a Customer is for the fitting of a part purchased by the Customer before DBHL Service has visited the Customers premise;

3.1.7.2.1 The Labour Charge is invoiced to the Customer regardless if the fitting of the part by DBHL Service has resolved the reported fault.

3.1.7.2..2 DBHL Service may invoice the Customer an additional Labour Charges and Part(s) charges to resolve and rectify the fault.

3.1.8 Quote(s) or Estimate(s) are deemed as a reported fault. Refer to Clause 6

3.1.8 The Labour Charge does not include a return visit to the Customers premise to complete the service or repair of the appliance in cases where the Customer has purchased the Part(s) themselves after DBHL Service initially visited the Customers premise.

3.1.8A Unless otherwise stated or agreed upon among parties hereto, the most expensive Labour Charge rate shall be applicable in the instances where there is a scope for the application of variable rates. E.g. Usually, Labour Charge rate for weekend is more than that of a weekday; similarly, after/before hours are more expensive than the usual business hours. In case DBHL Service technician needs to return with a part on a weekend or a booking has been made by the Customer for a return booking/visit (e.g., completion of repair or service of parts and/or product(s), which could not have been finished during the first visit itself), the more expensive Labour Rate rate shall be applicable.

3.1.9 The Labour Charge is for the repair or service of an existing appliance only.

3.1.9.1 Fault(s) downstream or upstream from the appliance are not included in the Capped Labour Service.

3.1.9.2 Fault(s) to the structure, cabinetry or flooring around and/or to the appliance, such as, but not limited to, the removal of access doors and/or cabinetry, trimming(s) or any work to cabinetry and/or flooring are not included in the Capped Labour Service.

3.1.9.3 The Capped Labour Service may not include repairs or removal of flues and accessories of the appliance. Additional labour charges, to be determined by DBHL Service, may be applicable.

3.1.10 Installation(s) of new appliance(s) is/are not included in the Labour Charge.

3.1.11 The Labour Charge is only applicable where DBHL Service visits the Customers premise during DBHL Services business operating hours.

3.1.12 The Labour Charge is applicable for residential (Residential) Customers only. DBHL Service, in its sole discretion, reserves the right to charge a different Labour Charge amount for commercial and/or business Customers than the Labour Charge for Residential Customers.

3.1.10 The Labour Charge is applicable to domestic kitchen and laundry household appliances only.

3.1.11 The Labour Charge is applicable to service or repair of Customers appliance where only one DBHL Service technician is required to visit the Customers premise. Additional charges, to be determined by DBHL Service, may be applicable if more than one technician is required.

3.1.12 The Labour Charge is applicable and chargeable by DBHL Service to the Customer, regardless if Part(s) are no longer available or cannot be sourced for the Customers appliance(s).

3.1.13 The Labour Charge is only applicable to internet bookings made by the Customer for each appliance nominated for service or repair by the Customer in this Agreement.

3.1.13.1 Where a Customer makes a booking for a repair or service via any manner or means other than the internet, DBHL Service will charge applicable fees and charges at a rate determined in its own discretion from time to time.

3.1.14 DBHL Service may request the Customer or Tenant for payment of the Labour Charge prior to making a booking, arriving at the Customer’s premise, or revisiting the Customers premise (Security Payment)

3.1.15 The Labour Charge is applicable from the moment DBHL Service staff attends to the appliance(s).

3.1.16 The Labour Charge is applicable in cases where DBHL Service staff finds no fault with the operation of the product(s). In case a Real Estate is managing the repairs or service of product(s), the onus shall be on such Real Estate agency to recover the amount on account of Labour Charge back from the tenant, and DBHL Service shall be paid the invoiced amount without any delay.

Part(s)

3.2 DBHL Service, in addition to other applicable fees and charges, and in its sole discretion, also invoices the Customer for Part(s) used in the service or repair of the Customers appliance(s) in this Agreement.

3.2.1 Unless due to poor workmanship on the part of DBHL Service, e.g. a part fell and broke, any part(s) that maybe needed to be removed to gain access to other part(s) or for the purpose of repair/service etc., and as a result of such action, become(s) faulty/broken/inoperable/unusable due to, but not limited to, fatigue, wear and tear, rust, age, etc., shall be charged separately to the Customer. However, DBHL Service shall take all reasonable care, without any obligation, to prevent a mishap during repairs.

3.2.2 In case DHBL Service staff encounters difficulties in removing/uninstalling old appliance(s) or part(s) thereof due to incorrect old installation, deterioration of surroundings, etc, additional charges will be applicable. Further, if the fault is due to some flaw in the old installation or surroundings and DBHL Service needs to repair such old installation or surroundings, additional charges will be applicable.

3.2.3 Unless agreed otherwise among the parties hereto, DBHL Service does not sell parts on their own or ship/freight parts to Customer. In case the Customer agrees to buy the parts from DBHL Service, the latter shall not be liable for any damage or loss incurred due to installation and/or fitting of the part(s) by the Customer. Further, additional charges for postage and handling may be applicable in case of Customer buying parts from DBHL Service.

Other Charges

3.3 Unless agreed otherwise among the Parties hereto, the invoice shall not contain any service charge or any other charge not specifically mentioned herein.

3.4 DBHL Service may charge a storage daily rate, as determined by DBHL Service, for Customer product(s) that are taken to DBHL Service Workshop, where the Customer has not returned calls/contact from DBHL Service for the return/delivery or pick up of the product, irrespective if the unit is repaired or not, or Labour Charge or minimum charge has been paid.

3.5 In case DBHL Service is asked to prepare Job Safety Analysis, Material Safety Data Sheets, or any other forms on the Customer premises during repair and/or service, DBHL Service may charge the Customer for such service.

3.6 Part(s) can also be, but not limited to, any material(s) consumed/used by DBHL Service in the repair or service of the Customers appliance(s) in pursuance hereof.

3.7 In the Final Invoice(s) to the Customer, DBHL Service will include any freight and related part ordering charges in relation to the repair or service of the Customers appliance(s).

3.8 DBHL Service shall, at its sole discretion, determine the cost of part(s) charged to the Customer.

4. PAYMENT

4.1 Full payment by the Customer of the Final Invoice is required on completion of the service or repair of the appliance(s). If and where a Tenant(s) has placed a/an booking/order for service or repair of the product(s), irrespective of the knowledge of the Real Estate agent, payment in full shall be required on receipt of the Final Invoice. The payment terms among the tenant(s) and the real estate agent shall be disputed and settled among those concerned parties in any manner whatsoever, and DBHL Service shall not be held responsible or called in question in case of a dispute among them.

4.1A Unless agreed otherwise among the parties hereto, once the invoice is prepared, the job is deemed closed and finished by DBHL Service.

4.2 Where a service or repair to the appliance(s) is not completed in the initial visit to the Customer, DBHL Service may request the Customer for security payment (Deposit) of a price up to the expected Final Invoice prior to completing the service or repair of the appliance(s).

4.2.1 The Customer agrees the Deposit may not be the same price as the Final Invoice price payable by the Customer, and that the Customer will pay the balance between the Deposit paid and the Final Invoice price.

4.2.2 The Customer agrees that DBHL Service may withhold completion of the repair or service of the appliance(s) until the balance payment is finalised by the Customer.

4.2.3 The Customer agrees that DBHL Service may withhold quotation(s) or estimate(s) until the Deposit price is paid in full.

4.3 The Customer may pay the Deposit or Final Invoice by cash or credit card only.

4.3.1 DBHL Service reserves the right to charge a credit card handling and/or processing fee at a rate advised by DBHL Service from time to time.

5. DEFAULT IN PAYMENT

5.1 If the Customer or Tenant fails to make any or full payment to DBHL Service when due (including payment of any charges), the Customer must, without prejudice to any other right or remedy of DBHL Service:

5.1.1 Pay interest on the amount outstanding calculated daily at a rate prescribed by the Penalty Interest Rates (Vic) plus 5%;

5.1.2. Reimburse DBHL Service for all reasonable costs and expenses incurred by DBHL Service in relation to the debt, debt collection and chasing its payment; and

5.1.3. Upon reasonable notice by DBHL Service, return the part(s) and/or product(s) and/or appliance(s) to DBHL Service or permit a representative of DBHL Service for reasonable access to the location of the part(s) and/or product(s) and/or appliance(s) to repossess the part(s) and/or product(s) and/or appliance(s).

5.2 The Customer agrees to pay any dishonour handling fee at the rate advised by DBHL Service from time to time, where DBHL Service is unable to obtain payment from the Customers credit card provider or a cheque is not paid by the Customers bank.

5.3 The Customer agrees that any forbearance by DBHL Service in charging any fees set out in clause 3, 4 and 5 does not constitute a waiver of DBHL Services right to do so in the future.

5.4 The Customer agrees to any and all additional terms and conditions mentioned on the invoice, in addition to the terms and conditions contained herein.

6. QUOTATION AND ESTIMATION

6.1 Unless stated otherwise and in its sole discretion, DBHL Service does not provide free quote(s) or estimate(s) for any repair or service of the Customers appliance(s) nominated for service or repair by the Customer or Tenant in this Agreement.

6.2 The Labour Charge for quote(s) or estimate(s) is separate to the Labour Charge for the actual repair or service of the Customers appliance(s) nominated for service or repair by the Customer in this Agreement.

6.3 The Labour Charge is payable by the Customer to DBHL Service for any quote(s) or estimate(s) by DBHL Service.

6.3.1 DBHL Service may request the Customer or Tenant for security payment (Deposit) of the Minimum Charge prior to visiting the Customer for the purpose of estimation(s) or quotation(s).

6.3.2 DBHL Service may withhold quotes(s) or estimates(s) to the Customer or Tenant until the Minimum Charge or Labour Charge is paid in full. If the Customer or Tenant agrees to the quote(s) and estimate(s) and gives a go-ahead to DBHL Service, but the quote/invoice remains unpaid, DBHL Service may refuse to attend or proceed with the service or repair until payment of quoted quote/invoice and/or any other invoice is paid in full. In its sole discretion, DBHL Service may ask for upfront payment of the quote to proceed with the service or repair. Further, the Customer must give go-ahead for the whole quoted quote/invoice, i.e., for all the products(s) and service(s) quoted in the quote/invoice. Part or partial go-ahead will not be accepted by DBHL Service, and re-quote/re-estimation amount will be issued to the Customer or Tenant.

6.4 Estimate(s) or quote(s) invoices and/or any related documentations are not considered as a Final Invoice, and are subject to Final Invoice price changes.

6.4.1 DBHL Service reserves the right to alter the estimate or quote without notice to the Customer.

6.5 Estimate(s) or quote(s) are valid for 14 days from date of issue to Customer.

6.5.1 DBHL Service will issue estimate(s) or quote(s) via email or facsimile only.

6.5.2 The Customer is taken to have received the estimate(s) or quote(s) at the end of the day it was transmitted.

6.6 In case the Customer reports more than one fault for repair, DBHL Service may, in its sole discretion, quote an hourly rate or any other rate per appliance as determined by DBHL Service, in addition to the initial and/or current Labour Charge for that appliance.

6.7 In case more than one technician is required for repairing or servicing the appliance, extra charges may be applicable.

7. CANCELLATION OF REPAIR AND/OR SERVICE OF THE APPLIANCE(S) BY THE CUSTOMER

7.1 NO Labour Charge and/or Deposit and/or Final Invoice will be issued to the Customer for the cancellation of repair or service of the appliance(s) nominated for service or repair by the Customer in this Agreement, when:

7.1.1 The Customer has contacted DBHL Service by means set in Clause 7.1.2, to inform about cancelation intention PRIOR to DBHL Services initial visit to the Customers premise; AND

7.1.2 Written confirmation has been received by DBHL Service of cancellation by the Customer.

7.1.2.1 Written confirmation can be sent through email or facsimile only. No other form of communication or confirmation will be accepted.

7.2. Cancellation(s) of the repair or service of the appliance(s) by the Customer AFTER the initial visit by DBHL Service for the appliance(s) nominated for service or repair by the Customer in this Agreement will result in:

7.2.1 A restocking fee of twenty percent (20%) of cost of the Part(s) ordered, plus any applicable freight and/or postage and handling charges associated in ordering the Part(s) for the Customer in relation to the cancelled repair or service of the appliance(s).

7.2.2 Forfeiture by the Customer of the Labour Charge(s) in any Deposit(s) paid to DBHL Service for the repair or service of the Customers appliance(s).

7.2.3 Applicable Final Invoice(s) issued to the Customer by DBHL Service.

7.3 This Agreement will be terminated immediately upon receipt of cancellation confirmation by DBHL Service.

7.4 Cancellation is final, and this Agreement cannot be put back into effect if the Customer changes their mind after cancellation.

8. REFUNDS TO CUSTOMERS AFTER CANCELLATION

8.1 This clause applies only in cases where the Customer or Tenant has made an upfront payment for the part(s) to DBHL Service.

8.2 All refund(s) by DBHL Service to the Customer will be issued by either Electronic Funds Transfer (EFT) or Credit Card refund transactions.

8.2.1 Where the Customer paid DBHL Service with monies, DBHL Service will refund the Customer via EFT only.

8.2.2 Where the Customer paid DBHL Service with credit card details, DBHL Service will refund the Customers credit card only.

8.2.2.1 DBHL Service will only refund the Customers credit card number that was used by the Customer for the payment of the Deposit(s) or Final Invoice(s) that the refund is being issued for.

8.3 Any refund charges DBHL Service incurs as a result of the refund to the Customer will be deducted by DBHL Service from the total refund amount to the Customer.

8.4 Any charges and fees applicable from clause 7.2 to DBHL Service will be deducted by DBHL Service from the total refund amount to the Customer.

8.5 Unless agree otherwise among the parties hereto, the Labour Charge shall be non-refundable.

8.6 Refund(s) owing to the Customer will be paid within 14 days of cancellation, as per modes stated in Clause 8.1

9. COLLECTION / DELIVERY

9.1 The expected repair / service time mentioned in the booking/order/quote/estimate/invoice is only an indication of the repair / service time. The repair / service of the product(s)/ booking arrival may get delayed due to any reason beyond the reasonable control of DBHL Service. In all such eventualities, the cause(s) of which is / are beyond the reasonable control of DBHL Service, the Customer shall not be eligible for any discount or rebate of any amount whatsoever. Notwithstanding anything to the contrary contained herein, DBHL Service makes every reasonable effort to be punctual in its services.

9.1A Upon completion of the service or repair of the product(s), DBHL Service will notify the Customer of such completion and make the product (s) nominated for service or repair by the Customer in this Agreement available for collection by the Customer at DBHL Service.

9.2 Where DBHL Service has removed the Customers product(s) from the Customers premise for repair or service to another location, DBHL Service, in its sole discretion and by prior arrangement with the Customer, may elect to deliver the product(s) to the original location of the product(s), and at a time, agreed with the Customer. Further, in case the Customer wants to move the product(s) to another location after repair or service, it shall be considered as a separate job and invoiced accordingly, as determined by DBHL Service in its sole discretion.

9.3 DBHL Service will use reasonable commercial endeavours to deliver the product(s) on or about the delivery date agreed with the Customer under clause 9.2. If DBHL Service is unable to deliver the product(s), it will use reasonable commercial endeavours to do so within a reasonable period after the delivery date. DBHL Service will not be liable for any liability to the Customer that may result from DBHL Service inability to deliver the product(s) (refer to clause 11).

9. 4 In the event that the Customer is not present to accept delivery at the nominated delivery time, the Customer may be liable to pay DBHL Service a fee, at a rate advised by DBHL Service from time to time, to have the product(s) re-delivered at a new delivery time/date, as arranged by DBHL Service and the Customer. This re-delivery fee is payable by the Customer prior to DBHL Service re-delivering the products(s) at the new nominated delivery time and date. The failure to pay re-delivery fee shall result in cancellation of job and/or forfeiture of any amount already paid by the Customer to DBHL Service.

9.5 If the Customer:

9.5.1 Fails to collect the product(s) in accordance with clause 9.1 within 30 days of being notified by DBHL Service that they are available for collection; and/or

9.5.2 Fails to accept delivery of the product(s) in accordance with clauses 9.2 and 9.3; and/or

9.5.3 Fails to accept delivery of the product(s) by DBHL Service within 30 days of being notified by DBHL Service that they are ready for delivery;

DBHL Service will give the Customer five (5) business days notice of termination of this Agreement. If the Customer fails to collect or accept delivery within that notice period, this Agreement shall be deemed terminated on expiry of that period. DBHL Service may deal with the product(s) nominated for service or repair by the Customer in this Agreement, in accordance with applicable legislation governing uncollected goods. (also refer Clause 3.4)

9.6 If DBHL Service is unable to contact the Customer after making reasonable attempts to arrange collection or delivery of the product(s), DBHL Service may give the Customer thirty (30) days notice of termination of this Agreement. If the Customer fails to make arrangements within this notice period, this Agreement is terminated upon expiry of that period and DBHL Service may deal with the appliance(s) nominated for service or repair by the Customer in this Agreement, in accordance with applicable legislation governing uncollected goods. (also refer Clause 3.4)

9.7 In case there is no one at Customers premises to receive the delivery of the repaired or serviced product(s), DBHL Service reserves the right, in its sole discretion, not to return later in the day and/or cancel/refuse the job and/or charge re-delivery fee. The failure to pay re-delivery fee shall result in cancellation of job and/or forfeiture of any amount already paid by the Customer to DBHL Service.

10. OWNERSHIP AND RISK

10.1 Where DBHL Service has removed the Customers product(s) from the Customers premise for repair or service in another location, the risk of loss or damage to the product (s) nominated for service or repair by the Customer in this Agreement lies with DBHL Service for the duration of the service or repair, and passes to the Customer upon the delivery or collection of the relevant appliance(s).

10.2 The risk of loss or damage to the parts placed in the product (s) nominated for service or repair by the Customer in this Agreement, passes to the Customer upon the delivery, or collection of the relevant product (s) containing the Part(s).

10.3 The Customer remains the owner of the product (s) nominated for service or repair by the Customer in this Agreement. DBHL Service remains the owner of the Part(s) until the Customer has made payment in full, and the relevant product (s) containing the Part(s) have been delivered or collected.

10.4 The Customer must not sell or otherwise deal with the Part(s) (and product (s) containing the Parts) until the price in the Final Invoice is paid in full to DBHL Service. If the Customer purports to do so, the Customer will be deemed to hold the proceeds of that sale or other realisation (or the amount outstanding) on trust for DBHL Service.

10.4A Upon entering the Customer premises, the access to the product (s) must be immediate and should not exceed five (5) minutes, failing which DBHL Service, in its sole discretion, may cancel repair and/or service, and the Customer may be invoiced separately for rebooking repair and/or service. Further, in case proper parking of DBHL Service vehicle is not feasible within or around the Customer premises, DBHL Service, in its sole discretion, may cancel repair and/or service until parking issue is resolved to the satisfaction of DBHL Service.

10A. WHEN KEYS TO CUSTOMER PREMISES ARE LEFT WITH THE REAL ESTATE AGENT OR PLACED IN THE MAILBOX / ANY OTHER CONSPICUOUS PLACE

10A.1 In case DBHL Service is requested by the Customer to pick up the keys / swipe cards for access to their premises, for the purposes of service or repair of the product(s), from any real estate agent or from mailbox or any other conspicuous place, DBHL Service shall not be liable for maintaining the confidentiality and secrecy of the information about the location of such keys / swipe cards. For the purposes of this Agreement, the phrase keys / swipe cards means and includes, without limitation, general keys, number codes, swipe cards, elevators cards, etc., that are used to gain access to the building, premises, and / or the level of appliance. Further, the keys / swipe cards must carry their own label and return address.

10A.2 In its sole discretion, DBHL Service may agree to pick up keys / swipe cards, in which case additional charges for each pick up, collection and/or return may be invoiced to the Customer, unless otherwise stated or agreed upon among the Parties hereto. It shall be incumbent upon the Customer to find out such additional charges from DBHL Service, if applicable. Further, pick up keys / swipe cards fee, if any, shall be invoiced separately to the Customer or itemised on the invoice, regardless if the service or repair task is undertaken or not, and regardless whether the keys have been lost in the process. Further, the Customer shall be invoiced the same number of times as it takes DBHL Service to pick up the keys / swipe cards.

10A.3 DBHL Service shall not be liable in any manner whatsoever for the lost keys / swipe cards of the Customer premises. However, DBHL Service shall take all reasonable care and steps to prevent such loss. Further, DBHL Service shall not be required or asked to pay for the charges related to the lost keys / swipe cards.

10A.4 To the maximum extent permissible by law, DBHL Service shall not be held liable or accountable for any theft or any other incident resulting in damage to life and / or property within or without the Customer premises, while DBHL Service is in possession of such keys / swipe cards.

10A.5 Except as provided for hereinabove clauses 10A.1 to 10A.4, DBHL Service requires the presence of at least one adult individual (of or over the age of 18 years) known to or related to (in case the Customer is not available) the Customer for the purposes of signing the documents regarding the service or repair of the product(s) at the Customer premises. DBHL Service shall presume that such an individual possesses implicit and explicit authority of the Customer to act on their behalf

10A.6 During repair and/or service installation of the product(s) at the Customer premises, DBHL Service shall not be liable for any damage or injury or loss to the pets/locks/belongings/furniture in the Customer premises, in case the premises are locked. Similarly, we shall not be liable for any loss or damage to any person or property suffered when DBHL Service is asked to leave keys / swipe cards at a publicly accessible place after delivery and/or installation. DBHL Service shall take all reasonable care, without any obligation, to prevent such loss, damage or injury; however, the responsibility and liability for such an eventuality lies with the Customer, Tenant and/or Real Estate.

10A.7 The Customer understands and agrees that if DBHL Service is requested to return the keys / swipe cards, DBHL Service will do so whenever it is feasible and practical for the concerned staff. The Customer shall not be entitled to any compensation monetary or otherwise for any delay in return delivery of keys / swipe cards.

11. SPARE PARTS AND SERVICE LIMITATIONS OF LIABILITY

11.1 While DBHL Service will use reasonable commercial endeavours to have necessary spare parts available for the purpose of repair or service, DBHL Service is not liable for any delays due to sourcing of Parts, which are required, or due to circumstances beyond the control of DBHL Service.

11.2 DBHL Service, in its sole discretion, and for any reason, can refuse or decline:

11.2.1 To make and/or confirm a booking(s) with the Customer; and/or

11.2.2 To Start and/or complete the service or repair on the Customers appliance(s) nominated for service or repair by the Customer in this Agreement.

11.3 To the extent permissible by law, DBHL Service will not be liable to the Customer for:

11.3.1 Any indirect, special or consequential loss, future and/or current, and/or past damage as a result of DBHL Services inability to adhere to the Customer for any pre-confirmed, confirmed, and/or implied detail(s) of the repair or service of the appliance(s) nominated for repair or service by the Customer in this Agreement.

11.3.2 Any personal or business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data as a result of DBHL Services inability to adhere to the Customer for any confirmed and/or implied detail(s) of the repair or service of the appliance(s) nominated for repair or service by the Customer in this Agreement.

11.4 To the extent permissible by law, DBHL Service will not be liable to the Customer for:

11.4.1 Any indirect, special or consequential loss, future and/or current and/or past damage arising in any way as a result of:

11.4.1.1 Any manufacturing defect(s) of the appliance(s) nominated for repair or service by the Customer in this Agreement;

11.4.1.2 Any Manufacturing defect(s) of the Part(s) supplied or used by DBHL Service in the service or repair of the appliance(s) nominated for repair or service by the Customer in this Agreement.

11.4.1.3 Any aspect of the service or repair workmanship by DBHL Service of the appliance(s) nominated for repair or service by the Customer in this Agreement.

11.4.2 Any personal or business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data as a result of:

11.4.2.1 Any manufacturing defect(s) of the appliance(s) nominated for repair or service by the Customer in this Agreement;

11.4.2.2 Any Manufacturing defect(s) of the Part(s) supplied or used by DBHL Service in the service or repair of the appliance(s) nominated for repair or service by the Customer in this Agreement.

11.4.2.3 Any aspect of the service or repair workmanship by DBHL Service of the appliance(s) nominated for repair or service by the Customer in this Agreement.

11.5 The product(s) Goods presented for repair may be replaced by refurbished product(s) / part(s) of the same or similar specification, rather than being repaired or replace by new. Refurbished parts carry the same minimum warranty guarantee as new part(s). DBHL Service will inform the customer of the condition of the part(s) being replaced prior to installing the part(s).

11A. PRIVACY

11A.1 In the execution of its responsibilities at the Customer premises, DBHL takes adequate steps to ensure that the privacy of the Customer is not compromised.

11A.2 At times, DBHL Service may require taking photographs and pictures and /or record sound(s) and / or video(s) digital or electronic or alike at the Customers premises to assist in the part ordering, job completion, auditing, customer complaint handling, data entry, training, education, troubleshooting, dispute resolution, and other administrative and operational matters. In pursuance, thereof, the Customer hereby gives their implicit consent to allow DBHL Service to use technology / camera / sound recorders, etc. in their premise, unless stated or agreed otherwise.

11A.3 In further pursuance thereof, DBHL Service reserves the right to collect certain information about the user(s) of the product(s) in the house and report such data to appropriate personnel for the purposes of data entry and analysis/ auditing / training / education / troubleshooting / dispute resolution, etc. DBHL Service shall never disclose, share, or sell such data to any third party, except as required by any appropriate legal authority.

11A.4 DBHL Service shall use any information collected from the Customer only for the operation of their business in an efficient manner, and enforcing their rights arising out of various legal agreements entered in the course of business.

12. WARRANTY

12.1 DBHL Service warrants that the Part(s) placed in the product(s) nominated for the service or repair by the Customer in this Agreement, will be free from defects in materials and workmanship and that the product(s) will be free from any defect directly caused by or resulting from the service or repair of the appliance(s) by DBHL Service for a period of ninety (90) days from the date of completion of the repair or service of the relevant product(s).

12.2 The warranty in this clause is independent of, and does not exclude or limit, any non-excludable statutory warranties and conditions implied by legislation governing consumer protection. Such legislation implies warranties and conditions as to the merchantability and fitness for purpose of the parts and that the service of the product/s will be performed with due care and skill.

12.3 The warranty in this clause is independent of, and in addition to, any residual DBHL Service warranty in respect of the appliance(s).

12.4 DBHL Service reserves the right to inspect and test the part(s) for the purpose of determining the extent of any defect and the validity of any claim made under warranty.

12.4.1 DBHL Service may charge the customer applicable charges to address, repair and service warranty claims of the product(s) by the Customer that do not apply under this clause.

12.5 All defective part(s) replaced by DBHL Service under the warranty will deemed to be the property of DBHL Service.

12.6 The DBHL Service warranty is not applicable if the Part(s) or appliance(s) nominated for the repair or service by the Customer in this Agreement is/are rendered faulty by a factor other than a defect in materials and workmanship or a defect caused by the service or repair. Such factors include, but are not limited to:

12.6.1. Damage through misuse (including failure to maintain, service or use with proper care), neglect, accident or ordinary wear and tear (including deterioration of parts and accessories and glass breakage);

12.6.2 Use for a purpose for which the product was not sold or designed for;

12.6.3 In the case of household appliances, commercial use;

12.6.4 Use or installation (where applicable) which is not in accordance with any specified instructions for use or installation;

12.6.5 Use or operation after a defect has occurred or been discovered;

12.6.6 Damage through freight, transportation or handling in transit (other than when DBHL Service is responsible);

12.6.7 Damage through exposure to chemicals, dusts, residues, excessive voltage, heat, atmospheric conditions or other forces or environmental factors, howsoever outside DBHL Services control;

12.6.8 Repair, modification or tampering with by the purchaser or any person other than DBHL Service;

12.6.9 Use of parts, components or accessories, which have not been supplied by or specifically approved by DBHL Service;

12.6.10 In the case of vacuum cleaners, uses or carrying a faulty or poor fitting dust bag other than genuine high performance dust bag for the specific brand and model of the vacuum cleaner.

12.7 DBHL Service warranty does not apply to any consumables such as, but not limited to, batteries, globes, filters, blockages, dents, scratches, basket wheels, baskets, cutlery basket, trays, clips, clip holders, plate holders, etc.

12.8 To the extent permissible by law, DBHL Services liability for the Part(s) placed in the appliance(s) nominated for repair or service by the Customer in this Agreement, any defect in materials or workmanship, any breach of this Agreement or any negligence is limited to, at DBHL Services option:

12.8.1 Repair or replacement of the Part(s);

12.8.2 Payment of the cost of repairing or replacing the Part(s); or

12.8.3 Payment of the cost of acquiring equivalent Part(s).

12.9 To the extent permissible by law, DBHL Services liability for the service or repair of the appliance(s) nominated for service or repair by the Customer in this Agreement is limited to, at DBHL Services option:

12.9.1. Resupply of the service; or

12.9.2. Payment of the cost of resupply of the service.

12.10 To the extent permissible by law, DBHL Services warranty liability is limited in accordance with clauses 12.8 and 12.9, and DBHL Service is not liable for:

12.10.1 Any indirect, special or consequential loss, future and/or current and/or past damage arising in any way in relation to any manufacturing defect or use of the Part(s), or the service or repair of the appliance(s) nominated by the Customer for repair or service in this Agreement.

12.10.2 Any personal or business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data as a result of:

12.10.2.1 Any manufacturing defect(s) of the appliance(s) nominated for service or repair by the Customer in this Agreement;

12.10.2.2 Any Manufacturing defect(s) of the Part(s) supplied or used by DBHL Service in the service or repair of the appliance(s) nominated for service or repair by the Customer in this Agreement.

12.10.2.3 Any aspect of the service or repair workmanship by DBHL Service of the appliance(s) nominated for service or repair by the Customer in this Agreement.

12.11 The Customer must retain proof of repair or service (Final Invoice) in order to be eligible to make a warranty claim under clause 12.

12.12 The warranty in this clause commences from the day of service and/or repair of the product, irrespective of the occupancy of the Customer within their premises and/or usage or non-usage of the product(s) for any length of time.

12.13 The Customer shall be solely responsible to determine if the repair of the product(s) is successful. DBHL Service recommends the use of the repaired product(s) for at least seven (7) continuous days from the date of repair by DBHL Service, and for the Customer to retain and store faulty part replaced until they deem repair successful. In case the repair is not successful and a part has been replaced from the Customers product(s), DBHL Service, at its sole discretion, shall remove/uninstall and take back the part fitted, and subject to its availability, either replace it or refund the proportionate amount to the Customer. However, in case the Customer does not return the old part, no request for refund shall be entertained. Fraudulent activity on behalf of the Customer shall give DBHL Service the right to seek any and all remedies available in law or equity, including without limitation, claiming additional charges and/or damages.

13. PRIVACY

13.1 DBHL Service will collect and deal with the Customer’s personal information (including, but not limited to, name, address, telephone contact or personal details) only in accordance with DBHL Service Privacy Charter and the Privacy Act 1988 (Cth). A copy of the Privacy Charter is available on the DBHL Service website.

13.2 DBHL Service may disclose personal information to its related companies and to organisations that provide services (including delivery services) to DBHL Service or which assist DBHL Service in providing services (including repair and warranty services) to its Customers.

14. GOVERNING LAW

This Agreement is subject to the laws of the State of Victoria, Australia, and the parties submit to the exclusive jurisdiction of the Courts of that State.

15. SEVERANCE

Should any part of these terms and conditions be held void or unlawful, this Agreement will be read and enforced as if the void or unlawful provision(s) has/have been deleted.

16. DEFINITIONS

‘Agreement‘ means the agreement entered into pursuant to clause 1.1.

‘Customer‘ means the person or entity whose name and address appears on the order as the Customer for the service or repair.

DBHL Service means DBHL Service.

‘Capped Labour Service’ means a price ceiling (maximum) on the labour a customer may be charged on an appliance repair. If the maximum price for labour is reached, the customer is not charged any further labour costs – regardless of the extra labour time required to complete the appliance repair of the one appliance.

Appliance means domestic household kitchen and laundry appliance.

‘Price‘ means the price payable by the Customer to DBHL Service for the repair(s), service(s) part(s), material(s), good(s), freight, postage and handling, applicable government(s) taxes as specified in the Final Invoice.

Final Invoice is the invoice issued to the Customer upon the completion of the repair or service of the appliance(s), and any quotation(s) or estimate(s) of the Customers appliance(s).

Deposit is the amount of security payment required by DBHL Service in relation to any repair(s), service(s), quotation(s) and estimate(s) being completed.

Part is a component that can be separated from, or attached to the appliance.

Residential is a private household Customer, who directly owns the appliance and/or uses the appliance for non-commercial and/or business purposes.

Real Estate means and includes any reference to property manager(s), managing company, facility manager(s), or premise owner(s), as used herein.

‘Security payment’ means the amount paid by the Customer to DBHL Service with the order.

Tenant means an occupant or inhabitant of any place.

  • DBHL Services Pty Ltd
    South Yarra VIC 3141, Australia

About Us

DBHL Service provides a fixed labour electric and gas oven repair service in Melbourne. All our repair work is carried out by a fully insured, licensed, and qualified technician. We also offer 7 days a week booking availability.*

*Please refer to our Opening hours | Working Schedule page. All bookings are subject to availability.

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