MVO Services’ policy concerning Repairs, Replacements and Refunds adheres to ACCC Consumer Law. ACCC Consumer Law covers consumer rights regarding Replacements, Refunds and equipment minor and major faults.
Unless the customer has inspected the goods and given written notice to MVO Services within two (2) business days of delivery that the goods do not comply with the relevant specifications or descriptions, the goods shall be deemed to have been accepted in good order and condition
No order may be cancelled, modified or deferred without the prior written consent of MVO Services and if MVO Services shall consent to any cancellation, modification or deferral the customer shall reimburse it for all losses including loss of profits and shall be liable to pay a cancellation and re-stocking fee being not less than 25% of the invoice value of the goods.
(a) Subject to paragraph (b) and to the extent permitted by the Australian Consumer Law and relevant state legislation, the sole obligation of MVO Services under this agreement is to use its best endeavours to provide the products or to repair the products or repair or replace (at MVO Services’s discretion) any part of a product which is found to be defective during the [period of warranty] and in no event shall MVO Services be liable for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the products, and any indirect, special or consequential damages or injury to any person, corporation or other entity.
(b) If any products supplied pursuant to this agreement are supplied to the customer as a ‘consumer’ of goods or services within the meaning of that term in the Australian Consumer Law as amended or relevant state legislation the consumer will have the benefit of certain non-excludable rights and remedies in respect of the products or services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Australian Consumer Law or similar legislation is so conferred. However, if the product is a product not ordinarily acquired for personal, domestic or household use or consumption, pursuant to section 64A of the Australian Consumer Law and similar provisions of relevant state legislation MVO Services limits its liability to payment of an amount equal to the lowest of:
(i) the cost of replacing the goods or supplying equivalent goods;
(ii) the cost of repair of the goods;
(iii) the cost of having the goods repaired or replaced.
(c) Subject to paragraph (b) MVO Services is not liable for default or failure in performance of its obligations pursuant to this agreement resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials including ink, chemicals and paper, labour or transportation or any other cause beyond the reasonable control of MVO Services.
(d) Subject to paragraph (b), MVO Services is not responsible for any loss caused by an error or defect in the products or errors or faults caused by [description of components or consumable likely to cause failure of product] supplied by any person.
Subject to these terms:
(i) MVO Services at its discretion may repair or replace any goods to remedy any failure due to faulty workmanship or materials, provided that such goods may have acceptable variance (as determined by MVO Services).
(ii) the customer acknowledges that any warranty given in respect of plant and equipment is the warranty of the manufacturer of the goods and that MVO Services is not responsible for such warranties and gives no warranty of its own in respect of the said goods;
(iii) MVO Services, or its representatives, being given access to the goods for the purpose of inspection and rectification of any claim;
(iv) the customer not having repaired or undertaken to repair the goods without the prior authorisation of MVO Services nor altering the goods in any way;
(v) the customer having used and maintained the goods in accordance with the manufacturer’s recommendations, their failure not being the result of incorrect or poor maintenance by the customer;
(vi) the customer acknowledging that it has not relied upon any advice given by MVO Services, its agents, servants, representatives or employees in relation to the suitability for any purposes of the goods