Standard Terms for Services & Repairs
Please read these terms carefully to ensure that you are properly informed about important matters such as your payment obligations, your warranty entitlements, Sure Can Do liability to you, and Sure Can Do right to dispose of uncollected goods. Customers who deliver their goods in person are requested to sign here to indicate their acceptance of the terms. Customers who receive this document by mail are asked to contact Sure Can Do within 24 hours if they object to any of the terms.
It is the Customer’s responsibility to keep Sure Can Do informed of any changes to the Customer’s address and/or contact details. Please carefully read Clause 6 before you sign, indicating your acceptance of these terms.
1.0 Definitions and application of terms
These terms apply to the customer’s goods (“the Product”) and Sure Can Do services (“the Services”) specified in the Product Received Record issued by Sure Can Do Pty Limited (“Sure Can Do”) to the Customer. To the extent permitted by law, they apply in addition to any other terms which Sure Can Do may notify the Customer in writing and the Customer may accept. In the event of conflict, the latter terms will prevail.
Sure Can Do will use its best endeavours to perform the Services by any date notified to the Customer, but will not have any liability to the Customer for failing to do so.
3.1 All chargeable Services (including the provision of spare parts and other materials) will be paid for by the Customer at Sure Can Do current rates (including GST). Additional charges, including quote rejection fees and freight costs, are also payable by the Customer.
3.2 All amounts payable by the Customer must be paid on collection either by EFTPOS, accepted credit cards or bank cheques, or in accordance with the terms of your Sure Can Do Credit Account. Personal cheques are not accepted without prior arrangement.
4.0 Transportation of goods that are not covered by Sure Can Do Pty Limited warranty
4.1 The Customer is responsible for arranging for delivery of the Product to service depot. Sure Can Do has no responsibility for any loss or damage that may happen to the Product in transit to and from Sure Can Do.
5.1 Sure Can Do warrants that any repairs to the Product performed by Sure Can Do will restore the Product to compliance with
manufacturer’s specifications. Sure Can Do will, at its option, either repair or exchange the faulty parts within the Product, or the Product itself, with items that are functionally equivalent to that as originally supplied, or better, during the warranty period stated for the model, using new or refurbished parts or units, solely at Sure Can Do discretion. Ownership of items is surrendered to each party on exchange.
Repair or exchange is subject to the original item’s being genuine and unaltered.
5.2 The warranty stated in clause 5.1 will be the balance of the Product Warranty, or ninety (90) days, whichever is greater.
5.3 To the extend permitted by law, all terms other than the ones and any additional terms referred to in clause 1, including (without limitation) all implied and statutory warranties and conditions, are excluded. Where any law (such as Australian Consumer Law or New Zealand’s Consumer Guarantee Act and Commerce Act) prevents this exclusion from operating in relation to a particular term, to the extend permitted by that law Sure Can Do limits it’s liability for the breach of that term to the remedy to resupply the source.
5.4 Repair to the goods may result in the loss of the data. It includes, for example, songs, photos, telephone numbers, and electronic documents. Sure Can Do is not responsible for any loss of data and recommends that the Customer back up and secure the data prior to sending the goods in for repair or service.
5.5 Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
6.0 Disposal of uncollected goods
6.1 This clause applies if the Customer fails to collect the Product after completion of the Services or the Customer was supposed to do so and/or following quotation where no Customer instructions are received by Sure Can Do. In those circumstances, the Customer agrees that Sure Can Do may dispose of the Product in accordance with this clause.
6.2 Sure Can Do will notify the Customer by phone, SMS or email that the Product has been repaired. If, after three (3) months of such notification, the Customer has not paid for the repair and/or collected or made arrangements for the collection of the Product, Sure Can Do will deem the Product “abandoned” and Sure Can Do may, in its absolute discretion, dispose of the Product in accordance with Clause 6.3 hereof.
6.3 If after three (3) months from the date of repair being completed, the Customer has not collected the Product or requested Sure Can Do to send the Product to the Customer, Sure Can Do may dispose of the Product by such means as it considers appropriate, including (but not limited to) private sale, auction, gift or destruction. Sure Can Do will apply the proceeds of any sale of the Product in the following sequence until the proceeds are exhausted:
(a) To pay any amount owed by the Customer in relation to the Services;
(b) To pay any unpaid fees of the kind referred to in clause 6.3;
(c) To pay any other amounts owed by the Customer to
Sure Can Do; and (d) As a donation to a registered charity of Sure Can Do’s choosing.
6.4 If the proceeds of sale of the Product are insufficient to cover the amounts referred to in the paragraphs 6.3(a)-(c) above, Sure Can Do reserves the right to recover the shortfall from the Customer.
6.5 The Customer may collect the Product or instruct Sure Can Do to send the Product to the Customer at any time up until, but not after, four (4) months from the date of invoice, provided that Sure Can Do will not be obliged to release or send the Product until after the Customer has paid any outstanding amounts owed to Sure Can Do.
Apart from the liabilities accepted by Sure Can Do in clauses 5.2 and 5.3, Sure Can Do expressly excludes all liability to the Customer in relation to the Services, the Product and anything done or not done by Sure Can Do in accordance with these terms. This exclusion includes (but is not limited to) liability in negligence and liability for indirect, special or consequential loss (including without limitation, loss of or defective software, data, wasted expenditure, loss of income or business opportunities and loss of employment).
8.0 Further Damages and Data Loss
8.1 Notwithstanding the provisions of clause 7, Sure Can Do explicitly does not take any responsibility for any further damage that may occur during or after the repair process. This includes, but is not limited to, physical damage to the Product, loss of data or software, and any consequential losses or damage. The Customer acknowledges and agrees that it is solely responsible for maintaining an adequate backup of all data, software, and other materials stored on their Product. 8.2 Sure Can Do shall not be liable for any loss of data or any other harm resulting from repair services. The Customer shall not be entitled to any compensation in relation to such data loss or damage.
9.0 Use of Product in Media Content
9.1 The Customer acknowledges and agrees that Sure Can Do may produce and publish video content featuring the repair process of the Product, usage of the Product for testing, and any other related activities (“the Content”). 9.2 The Content may be published on platforms including but not limited to YouTube. Sure Can Do reserves the right to monetize the Content by any means at its sole discretion. 9.3 The Customer will not have any right to, or interest in, any revenue generated from the Content. Further, the Customer will not have any right to review, approve, or influence the Content in any way. 9.4 Sure Can Do is entitled to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit the Content, in any form, format, or media or media channels now known or hereafter devised, without any compensation to the Customer.
10.1 If any provision of these terms is invalid under any law, it will be severed from and will not affect the rest of these terms. 10.2 These terms and the transactions contemplated by them are governed by the law of the state of the Sure Can Do’s principal place of business and the parties submit to the non-exclusive jurisdiction of the courts of that state and the Commonwealth of Australia.
The Customer agrees that they have read and understand these terms, and that they have been given a fair and reasonable opportunity to seek independent legal advice on these terms.