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Repair and Service – Terms & Conditions

Triforce Australia PTY LTD T/AS Hub by Triforce

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, You are entitled:

  1. to cancel Your service contract with Us; and
  2. to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, You are entitled to have the failure rectified in a reasonable time. If this is not done You are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

  1. Definitions
  2. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 including any other relevant laws or regulations applicable to it. Charges means the price to be paid by You for the Services which unless expressed otherwise includes parts, labour and all relevant taxes. Device means the product which is submitted by You for repair or service. Services means repairs and/or maintenance which is required to a Device to ensure it is appropriately functioning or return it to a condition of appropriate function. Terms means these Terms and Conditions. Warranty means either the manufacturer warranty or a warranty provided by Us. We, Our or Us means Triforce Australia Pty Ltd trading as Hub by Triforce. You, Your means the individual or business customer requesting the Services.
  3. These Terms will apply to the supply of Services to You, and You agree that You have read them in detail.
  4. Upon submitting Your Device to Us for investigation You are deemed to have accepted these Terms and warrant that You are the owner of the Device or have authority to deal with the Device. In the event it is discovered You are neither the owner nor have authority to deal, the Device may not be returned to You.
  5. At the time of providing Us with the Device for the supply of the Services and/or parts You will be supplied with a quote detailing the Charges for the Services to be provided including any investigative and analysis charge. You acknowledge there may be additional faults which may not be apparent on initial inspection.  In the event We become aware of any additional Services or parts required We will contact You to provide a revised quote prior to undertaking additional Services and incurring any additional Charges.
  6. Where investigation and analysis to determine the fault has been undertaken by Us, should You not proceed to authorise Us to perform the Services You will be responsible to pay the portion of the Charges which relates to the investigation and analysis.
  7. Except in the event the Services are to be provided under Warranty or the Australian Consumer Laws without charge, payment of the Charges is required to be made at the time the Device is returned to You.
  8. Where the Device is being repaired under warranty We will do so under the terms of that particular warranty, including any other provisions set out under law. We may use new, used or reconditioned parts in any warranty repair or service.  Where a part is removed from the Device and replaced by Us, title in the removed part will pass to Us and title in the replacement part will pass to You.  Replacement parts are warranted to be free from defects for 3 months and should there be any failure of a replacement part in that time, We will either repair the part, replace the part or refund an amount equal to the fair market value of the part, in Our sole discretion and to the extent permitted by law this is the sole remedy You are entitled to rely on in the failure of a replacement part.
  9. Where an inspection and analysis of the Device reveals any failure is as a result of being fitted with non-genuine manufacturer parts, repairs or servicing conducted other than by an authorised repairer, or Your misuse/mistreatment of the Device (in Our professional opinion and at Our sole discretion), We reserve the right to terminate the provision of Services and return the Device to You. Should We terminate the provision of Services under this clause, You will be responsible to pay the portion of the Charges which relates to the investigation and analysis.
  10. To the maximum extent permitted by law, We are not responsible for any damage to Your Device as a result of the provision of Services where such damage has been caused as a result of the Device containing non-genuine manufacturer parts, repairs or servicing conducted other than by an authorised repairer (in Our professional opinion and at Our sole discretion). In the event of damage contemplated under this clause We will contact You to advise of any additional Charges and provide a revised quote.  Should You not authorise the additional Charges, We reserve the right to terminate the provision of Services and return the Device to You without performing the Services and You cannot make any claim against Us.
  11. Subject to clause 8, if Your Device is damaged or lost whilst in Our care, Our liability (to the extent permitted by law) will be limited to the costs of repairing the Device or replacing the Device in Our sole discretion.
  12. There are certain implied warranties and conditions set out under the Consumer Law which cannot be excluded, restricted or modified either in full or to a limited extent and these Terms will be subject to and read in accordance with these statutory provisions. To the extent We are able to do so, We limit Our liability in respect of claims under the statutory provisions to the supply of the Services again or, payment to You to the value of having the Services supplied again.
  13. You acknowledge and agree that to the extent permitted by law, We do not have any liability to You for any loss of, corruption or breach of Your user generated data or software which may include confidential information or data. You should ensure You have backed up Your Device and removed any private and confidential data prior to submitting Your Device for the Services, and You will indemnify Us (and Our employees) for any inadvertent access or loss of, corruption or breach of data or software stored on the Device.
  14. If during the performance of the Services We are required to deal with information and software contained on Your Device, You warrant You hold a legal right to deal with such information and software and You authorise Us to accept the terms of any licence on Your behalf in relation to such information and software.
  15. You acknowledge and agree that any Device submitted to Us for the provision of Services is required to be collected and paid for within 3 months of submission, unless agreed otherwise. In the event Your Device is not collected and paid for within 3 months of submission it will be subject to disposal in accordance with the Uncollected Goods Act 1995 (including associated regulations).  We will be entitled to sell Your Device without liability to You and in the event We do, We will deduct the Charges and deal with the balance of any funds in accordance with the Uncollected Goods Act 1995.
  16. In requesting the Services You may be required to provide some personal information. We will respect the privacy and confidentiality of such information and at all times adhere to the National Privacy Principles.
  17. These Terms are governed by the laws of New South Wales.
  18. Where any provision or part thereof are held to be illegal or unenforceable, that provision or part thereof is severed from these Terms and the remaining provisions will continue to be enforceable.