Trading Terms including Policy on Warranty and Part Returns – February 2012
To View Lubon Holdings trading terms in PDF, Please Click here. In addition to those trading terms, there are some other conditions and Policy that apply to all customers. Those conditions and poilicy form part of the trading terms, and are as follows:
Disclaimer
Doug Smith Spares accepts no responsibility for any loss or damage, (whether direct, indirect or consequential) however arising, that may be suffered in any way though the fitment or use of any component, irrespective of such loss or damaged being deemed caused by said component, whether the component is faulty or otherwise. The diagnosis of appliances is complex and often requires specialised knowledge and equipment. Such diagnosis of faults is the responsibility of the customer. Due to legal requirements we are unable to give out technical advice.
Manufacturers names, models and part numbers are used for reference purposes only and do not indicate source of supply of parts. “Home” brand, generic or replacement parts may be supplied. The assessment of suitability of these parts is the responsibility of the buyer and should be made prior to purchase. Acceptance of parts is deemed acceptance of suitability.
Warranty Terms and Consumer Protection laws.
From January 1, 2012, National Consumer Laws (NCL's) guarantee consumers certain rights. the ACCC provides a complete description of these rights in a pdf document which you can download here. It's important to note that if you ask for and receive a trade discount or receive the part on a trade invoice, or at a trade price, then you agree that the part is NOT of your personal use, and that you are purchasing the part for the purpose of resale.
The following terms and conditions are not intended to limit or override or contradict the NCL's and any term which is found to contradict the guidelines, the NCLs will take precedence.
All items sold By Doug Smith Spares are warranted to be of reasonable quality, and are covered by a warranty. The lenght of time that warranty period applied after the sale is determined by the supplier form whom we purchased the goods. Normally this is the manufacturer of the appliance. Most offer 12 month warranties, but some importers offer 3 months. (such as Blanco Delonghi, Lg, and Samsung)
In order to claim warranty we ask that you meet a few criterea.
1. we need to know you purchased the product form us. Proof of purchase must be presented
2. Parts are warranted to be of reasonable quality and to be fit for purpose at the time of sale. however some parts can be damaged by incorrect fitment, or water damage or even mis-handling. Printed circuit baords are particularly vulnerable. If you fit a new PCB to a machine without addressing the reason why your old one failed, you may destroy the new one the first time yoou use it. (for example if the pump is drawing too much power) For these reasons we are within our rights to ascertain that the part is actually faulty before offering a refund or exchange. Some manufaturers may ask for the part to be sent back for testing prior to acceptance of warranty. This in no way erodes your right to a remedy if the part is faulty. We STRONGLY recommend you get a service technician before replacing ANY circuit board in ANY appliance.
3. The diagnosis of electrical applainces is not easy, and the electronic machines are even harder. This is why we STRONGLY recommend that you use a service technician to diagnose and repair your electrical applainces. If you buy a part which does NOT fix the fault because you have mis-diagnised to problem, this is not warranty. The warranty applies to goods that are faulty at the time of sale, or failed within the manufacturer's specified warranty period. A consumer requesting to return goods simply because the parts did not fix the fault in their machine is considered a change of mind by the consumer.
4. We do not accept change of mind purchases on any item which is of an electrical nature. By doing this we can guarantee our cusotmers that they are purchasing new parts, and not parts that have been fitted to someone else's machine previously.
5 Change of mind purchases may be returned under certain crcumstances. see Our Money Back Guarantee If you Change your Mind. (below)
6 In order to claim warranty the goods must be returned to our premises.
Credit claims on delivered items
Where goods are delivered by post or courier organised by Doug Smith Spares any claim for short supply or transit damage must be made within 48 hours of delivery taking place for items delivered by courier, or within 48 hours of the expected time of receipt for items delivered by post. Claims must clearly state the nature of the problem and the remedy sort. (eg refund or re-supply) and must be made in writing.
Items delivered by persons, or couriers or some other method other than those consigned by Doug Smith Spares, are at the buyers risk from the time it is picked up.
Buy-In Parts
All specially procured parts must be paid for in full at time of ordering, and, are non-returnable and non-refundable if you change your mind for any reasong. (including mis-diagnosis of faults as descrivbed above)
All parts must be collected within 21 days of notification. Customers will be deemed to be notified after three failed attempts to contact them on three different days on the phone number given. Parts not collected within this 21 day period may be disposed of or returned to the supplier.
Our Money-Back Guarantee if you change your mind.
All items normally kept in stock, (Other than Electrical Components) may be returned for a full refund with no questions asked. Refunds will be given subject to the following conditions.
1. Parts must be in original condition and packaging, undamaged, unused, and in saleable condition
2. Parts must be returned within 21 days of invoice/recept date.
3. Original invoice must be presented
4. Electrical components may not be returned for credit. (that's any item which has electricity connected to it such as elements, pumps, PCB's valves etc)
5. Appliances (either new, or factory seconds) may not be returned for credit if you change your mind. (Consumer warranties do apply of course)
Payment
we accept payment by cash, eftpos, credit card, direct debit, or cheque by prior arrangement. (cheques are not accepted as payment for goods on the cash sales accounts. We do accept cheques from account holders, and trade customers who's details have been previously verified on our files)
Credit Card warranties.
We accept credit card payment over the phone, internet or fax, as well as at the counter. By providing us with a credit card number the customer agrees to all charges, and to honour all agreements with their credit provider. The customer warrants that they are the legitimate holder of the card, and that they are acting lawfully in giving us the number. The number is supplied in good faith, and the customer accepts and agrees to honour all charges which are duly incurred in the transaction, whether or not their signature appears on a docket.
Failure to honour the agreement to pay for goods as described above, may incur a charge of $33 (including GST). Dishonoured credit card payments, and any associated fees may be charged to the customers credit card.
Dishonoured cheques
Offering a cheque for payment of goods, and then dishonouring the cheque is an offence in NSW, and in each case Doug Smith Spares may pass the dishonoured cheque to the police for processing. A Dishonoured cheque administration fee of $33 (including GST) is payable for each dishonoured cheque received. In the case of cash sales, all dishonours and the associated fees must be paid in full within 7 days.
Seniors Discount
We offer a 5% discount to eligible holders of seniors cards. (over 55 and no longer working) The card must be in the name of the person who is buying the goods, and must be presented at the time of ordering.
Trade Discounts
In order to obtain a trade discount an official trade order or contractors license must be produced at time of ordering. By asking for a trade discount you are telling us that the parts you are buying are for the purposes of resale, and in doing so you are forgoing some rights as a 'consumer'. A discount may be given to:
1. Holders of electrical contractors licenses
2. Legitimate members of the appliance repair industry actively involved in the repair of appliances for payment.
Repairs
Doug Smith Spares do not repair goods, and as such no item should be left in our premises for purpose of repair.
Fitment Advice.
Whilst we try to accommodate all customers’ needs, we are forbidden from offering fitment advice, particularly where electrical components are concerned. Any information given to customers is of a general nature only, and is not to be construed as advice. It is the responsibility of the customer to ensure that he or she possesses the necessary skills required to fit the item.
Due to our endeavours to comply with the National Consumer Protection laws, we CAN NOT and WILL NOT diagnose the fault on your machine for you, no matter how obvious it sounds to us. You need to tell us the description of the part you wish to purchase, and we will make our best endeavours to identify the part you've asked for. We can not supply parts to you based solely on your description of the problem in your machine. If you are at all unsure which part you need, PLEASE call a serviceman.
Where the customer feels that they may not be fully equipped and able to safely and adequately conduct fitment of any item, we strongly recommend that the services of a tradesperson be employed. It is Law in Qld that we display the following sign to all customers wishing to purchase parts:
We are happy to recommend a repairer who we consider to be trustworthy and reliable. We in no way, directly or implied, warrant the service or reputation of any repairer or service offered by said repairer, and the responsibility of choice whether or not to accept the recommendation of that repairer is borne entirely by the customer.
Acceptance of Terms
To View Lubon Holdings trading terms in PDF, Please Click here.
Purchasing or ordering of goods, or any other financial transaction with Lubon Holding (Doug Smith Spares or NQ appliane Spares), shall be deemed acceptance of all of these terms and conditions in their entirety by the buyer.
Trading terms for Account Customers
(effective
October 2012)
In addition to the Terms, Conditions and Policy above, there are some other Terms, Conditions and Policy that apply to 30 day credit account customers. those conditions and poilicy form part of the Trading Terms, and are as follows:
Revised Trading Terms
From October 1, 2012 our trading terms for account cusotmers are changing to reflect changes in the Law, in particular the Personal Properties Securities Act 2009. If you submit a purchase order with us on or after 1/10/2012 it will be subject to the new terms, and you will be deemed to have accepted such terms. To view those Trading terms in PDF, Please Click here.
IMPORTANT - Restrictions on 30 day credit:
Our experience has shown that some groups of customers present higher credit risks that others. It is no personal judgement on yourself or your company, that we apply the following restrictions on 30 day credit:
Businesses located in Orange NSW - No credit terms are
available
Businesses located outside Australia - No credit terms are
available.
Businesses trading in Australia but operated by a company whose directors reside
outside Australia - No credit terms are available.
Businesses who fail
to properly identify their directors on the account application form - No
credit terms are available.
Electrical wholesalers - no credit terms are available.
Hardware stores - Credit limit restrictions apply.
Businesses owned by trusts
- Personal Guarantees must be signed by trustees.
Pty Ltd Companies - Credit
limit restrictions apply unless Personal Guarantees are signed by directors.
Delivery and orders
Order numbers will usually be shown on invoices if they are furnished by the
customer. Orders will be delivered by courier if the customer so wishes. Orders
over $200 in value will be delivered F.I.S. for Sydney and Gold Coast
Metropolitan deliveries*. A delivery charge may be applied for all other
deliveries, and where possible the customer may be advised of the cost of
delivery at the time of placing the order.
Payment by Credit Card
30 day accounts may be paid using Mastercard or Visa Card. In order to pay by
credit card customers must complete the credit card authority form,
and by doing so agrees to abide by the following conditions:
Any account being paid by credit card must be finalised in full before the close
of each month. (e.g. all February invoices will be charged to your credit card
on the last trading day of February) You will then be sent a statement showing
your invoices for the month, a payment on the last day, and an outstanding
balance of zero.
Returns Policy: (for trade and account customers)
Parts returns
Parts may be returned for exchange or refund subject to the following conditions:
1. All specially procured parts are non-returnable and non-refundable.
2. Parts must be in original condition and packaging, undamaged, unused, and in salable condition.
3. Parts must be returned within 21 days of invoice date.
4. Original invoice must be presented, or invoice number quoted.
Warranty Conditions
Most parts (other than glass components) are covered by manufacturers warranty. Parts considered for warranty claims must meet the following conditions,
1. Original invoice must be presented or invoice number quoted
2. Parts have been correctly fitted
3. Parts are not water damaged
4. Parts have not been modified in any way or damaged in any way after sale
5. Components have not been affected by another fault within the appliance
Parts returned under warranty may be
subject to manufacturers approval.
Parts accepted for warranty will be exchanged. No refunds will be given.
Warranty claims will only be considered on parts returned to our premises, and
responsibility for cartage is with the customer.
Light globes are not subject to any warranty.
Credit Notes
Credit will be raised on the day that they are processed. The credit note will not be assigned to the balance outstanding for the month that the parts were purchased. For example, a part bought in February must be paid for with the February statement. If it was sent back in March, it will be credited in March, and the credit will appear as a reduction in the amount owing for March.
Click here for an account application form.
Trading terms with suppliers are as per the suppliers agreement, with the
addition of the following special conditions. Where these special conditions
conflict the suppliers agreed terms, these conditions take precedent.
1
Accepting of orders and/or supplying of goods or accepting of payments is
deemed to be acceptance of these terms by the supplier. A supplier receiving
payment electronically who does not agree to these terms, should return the
payment immediately.
2.
Payments made by cheque are deemed to be cleared funds on receipt by the
supplier.
3.
Suppliers agree to return any overpayment, or payments received without
remittance advices, whether the account is within terms or otherwise.
4.
Suppliers agree to apply payments in accordance with any remittance
advice. If the supplier is unable or unwilling to apply the payment as
described, they are to return the payment immediately and in its entirety to
Lubon Holdings Ltd.
5. Where a supplier is also an account Customer of Lubon Holdings Ltd:
A
Lubon Holdings reserves the right to apply part or all of any outstanding
Supplier’s (A/P)invoice(s) towards payment of the Customer's (A/R)
account. Application of contras is done
at the sole discretion of Lubon Holdings.
B
In the event of payment default by the Supplier in its capacity as
Customer, title of any good delivered to Lubon Holdings shall pass, and those
goods may be sold by Lubon Holdings free from encumbrance or charge, up to a
maximum value of the default plus any reasonable collection costs.
