Terms and Conditions of Sale

ASKO Appliances (Aust.) Pty Ltd

1.Agreement

1.1. An agreement is made between ASKO and the Customer for the purpose of the product/s specified in the Order (Agreement) if and when ASKO issues an Order Confirmation to the Customer in respect of that order.

1.2. The Agreement comprises the Order, the Order Confirmation, reference to these Terms and Conditions and any other Additional Terms.

2. Price

The Price payable by the Customer to ASKO for the Product/s or services is the price specified in the Order Confirmation.

3. Payment

3.1. 25% of the Price is payable as a Security Payment upon submission of the Order by Customer.

3.2. Full Payment of the Price is required prior to delivery of the Product/s.

4. Default in Payment

4.1. If the Customer fails to make any payment to ASKO when due, the Customer must, without prejudice to any other right or remedy of ASKO:

(a) reimburse ASKO for all reasonable costs and expenses incurred by ASKO in relation to the outstanding debt and chasing payment of it:

(b) upon reasonable notice by ASKO, return the Product/s to ASKO or permit a representative of ASKO reasonable access to the location of the Product/s to repossess the Product/s.

5. Delivery

5.1 Subject to clause 5.2 ASKO will deliver the Product/s to the delivery location specified in the Order.

5.2 ASKO is not required to deliver the Product/s in accordance with clause 5.1 if the customer location to which the Product/s are to be delivered is outside a city metropolitan area, or an agreed area as specified by ASKO. ASKO may instead notify the Customer of the location at which the Product/s are available for collection.

5.3 Subject to clause 5.4 the delivery date will be the date specified in the Order.

5.4 ASKO will use reasonable commercial endeavours to deliver the Product/s on the Delivery Date.

5.5 If the model of the Product/s is discontinued or superseded and not available for delivery on the Delivery Date, ASKO will notify the Customer prior to the Delivery Date that:

(a) ASKO is prepared to instead supply a model of equivalent or superior standard, and specify that model and any addition to the Price for the model change; or

(b) There is no equivalent model available and this Agreement is therefore terminated with immediate effect. Any amounts previously paid for this Agreement will be refunded.

5.6 If the Customer accepts ASKO's offer of an alternative product in accordance with clause 5.5(a), the Product/s and the Price will be taken to be varied per ASKO's offer. If the Customer rejects ASKO's offer of an alternative model, this Agreement is thereby terminated with immediate effect.

5.7 ASKO will deliver the Product/s at the time arranged by ASKO and the Customer for such delivery (nominated delivery time). In the event that the Customer is not present to accept delivery of the Product/s at the nominated delivery date, the Customer will be liable to pay ASKO a fee to re-deliver the Product/s at a new nominated Delivery Date. This re-delivery fee is payable by the Customer prior to ASKO re-delivering the Product/s at the new nominated delivery date.

5.8 Subject to clause 7 and applicable consumer protection legislation, if the Customer accepts delivery of the Product/s (or collects the Product/s in accordance with clause 5.2) and subsequently changes their mind about the Product/s the subject of the Order (including where the Customer orders the incorrect Product), ASKO may, in its discretion and upon request by the Customer, agree to:

(a) accept return of the relevant Product/s from the Customer; and

(b) provide replacement Product/s to the Customer.

In these circumstances, the Customer must pay:

(a) any difference between the Price of the relevant Product/s being returned and the Price of the relevant replacement product/s; and

(b) a re-stock fee of 15% of the Price of the relevant Product/s to be returned.

The customer acknowledges that this restocking fee represents the costs incurred by ASKO in accepting and repackaging the Product/s for sale. ASKO will not impose the re-stocking fee where the Customer is not at fault.

5.9 If ASKO is unable to contact the Customer after making reasonable attempts to arrange delivery or collection of the Product/s, ASKO may give the Customer 30 days notice of termination of this Agreement. If the Customer fails to take delivery or collect the Product/s within this notice period, this Agreement (including any Order) is terminated upon expiry of that period.

6. Product Installation

6.1. Upon request by a customer, ASKO will arrange for the installation of ASKO Product/s delivered to the customer's premises within the metropolitan areas of Melbourne, Sydney, Adelaide, Perth and Brisbane, (as specified in the ASKO Total Care guide) provided that the required services are available and no structural work is required.

6.2 Fees and charges are applicable for the installation of ASKO Product/s, details of which are provided by ASKO (as specified in the ASKO Total Care guide) and agreed with the customer prior to any installation and / or at the time of purchase.

6.3 ASKO recommends that the product be installed in accordance with the ASKO installation instructions that accompany each product. If an ASKO product is not installed in accordance with the instruction manual, this may affect the ASKO warranty offered under clause 8. A request to verify or rectify the installation of an ASKO product/s installed by a person other than ASKO or ASKO Service Agent will incur a service fee.

6.4 ASKO is not liable for any loss or damage to product/s which occurs through installation of the product/s by parties other than ASKO or an ASKO approved Service Agent.

6.5 An ASKO installation includes:

  • Unpacking and preparing Product/s for installation (inclusive of the removal of protective packaging)
  • Inspection of Product/s for any existing damage or defects.
  • Connection of the Product/s to existing electric, and / or water services.
  • Insertion of Product/s into cavity. (Note: Cabinet alterations not included).
  • Leveling and securing your Product/s
  • Full demonstration of the Product/s.
  • Removal and Recycling of your existing appliance/s.

7. Ownership & Risk

7.1 ASKO remains the owner of the Product/s until the Price is paid in full to ASKO and the Product/s have been delivered to the Customer.

7.2 Notwithstanding clause 6.1, the risk or loss or damage to the Product/s passes to the Customer upon Delivery.

8. Warranties

8.1. Warranties as to the merchantability and fitness for purpose of the Product/s are implied under consumer protection legislation. In addition, ASKO warrants that the Product/s will be free from defects in material and workmanship for a period of 24 months from the date of purchase.

8.2 To the extent permitted by law, should ASKO be liable for breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 "the Act" our liability for the breach will, subject to Section 68A of the Act, be limited to one of the following as determined by us:

(a) the replacement or repair of the Goods or the supply of equivalent goods; or

(b) the payment of the cost of replacing or repairing the Goods or acquiring equivalent Goods.

8.3 To the extent permitted by law, ASKO's liability is limited in accordance with clause 7.2 and ASKO is not liable for any indirect, special or consequential loss or damage arising in any way in relation to, or use of, the Product/s.

9. Privacy

9.1. ASKO will collect and deal with the Customer's personal information (including name, address, telephone contact or personal details) only in accordance with ASKO's Privacy Charter and the Privacy Act 1988 (Cth). A copy of the Privacy Charter is available from ASKO.

9.2 ASKO may disclose personal information to its related companies and to organizations which provide services (including delivery services) to ASKO or which may assist ASKO in providing services (including repair and warranty services) to Customers.

10. Governing Law

10.1. This Agreement is governed by and construed in accordance with the laws of the State of Victoria, Australia and the Parties irrevocably submit to the exclusive jurisdiction of the courts of or in that State.

11. Terms of Use Revisions

11.1 ASKO may at any time revise these Terms and Conditions by updating this posting. Any changes to our Terms and Conditions will be published on the ASKO VARA website, or may be obtained from ASKO.