Terms & Conditions - Warranties

 

Standard, Extended & Manufacturer Warranty Terms and Conditions

Please contact OscarPOS for all warranty requests.

These terms and conditions apply to Standard, Extended and Manufacturer Warranties of products purchased from OscarPOS.

In the event that You have a warranty claim in respect of a Product delivered within Australia, you will be asked to return the relevant Product to an Australian support centre.

These Terms and Conditions constitute a contract between the customer (you) and OscarPOS (us).

Please note that you must keep your original product packaging in order to ensure the safe transit of products. In the event that you do not have the original packaging, you will bear the responsibility for safely packaging your Product for transport and OscarPOS accepts no liability for any damage that may occur in transit.

OscarPOS provides the warranties and product support set out in these Terms and Conditions in relation to Products offered and supplied by OscarPOS.

The warranties and product support set out in these Terms and Conditions are provided by OscarPOS irrespective of:

  1. the identity of the manufacturer of the Product;

  2. whether or not the manufacturer has provided its own warranties or product support in relation to the Product.

For the avoidance of doubt:

  1. We make no representations or warranty in relation to the existence, non-existence, validity, availability, terms or conditions of any other warranties or product support that may or may not be offered or provided by the manufacturer of the Product; and

  2. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. The warranties and product support that we offer and provide pursuant to our Terms and Conditions are in addition to the consumer warranties and guarantees under the Australian Consumer Law.

Warranty Terms

1

Subject to the terms and conditions set out below, OscarPOS agrees to repair or replace the OscarPOS product which it supplied to you at its own cost, in circumstances where the Product does not perform in accordance with OscarPOS's specifications during the Standard Warranty Period commencing on the date of delivery of the Product. Where there is no proof of delivery, this date will be assumed to be 7 business days from the date of invoice of the Product.

2

The benefits provided to you by this contractual product warranty are in addition to other rights and remedies available to you under the law.

3

Proof of purchase (invoice or paid Order confirmation) must be provided when requesting service under the Standard Warranty.

4

OscarPOS requires any customer requesting service under the Standard Warranty to comply with directions from OscarPOS staff in relation to troubleshooting any issue and facilitating any repair or replacement under these Warranty Terms and Conditions.

5

Where Products are already faulty or damaged upon delivery, photographic evidence of the damage must be submitted to OscarPOS before the Product will be repaired or replaced in accordance with these terms.

6

OscarPOS reserves the right to replace the Product or relevant part with the same or equivalent Product or part, rather than repair it. Where a replacement is provided, OscarPOS reserves the right to replace the Product or relevant part with the same or equivalent Product or part, rather than repair it. Where a replacement is provided, OscarPOS will determine, in its discretion, the closest Product within the then current range of Products offered by OscarPOS with which to replace the faulty or damaged Product. The replacement Product may differ with the replaced Product in size and specifications, at the reasonable election of OscarPOS. OscarPOS may replace parts with refurbished parts. Replacement of the Product or a part under the Standard Warranty does not extend or restart the Standard Warranty period.

6.1

If OscarPOS is unable to repair or replace the Product, the customer will be provided with credit for OscarPOS store or may be refunded the price of the Product (at OscarPOS election). This credit or refund will be for the amount of the purchase price of the Product excluding the associated Delivery Cost.

7

In the event that a replacement, refund, or store credit is provided as per section 6, the faulty item will become the property of OscarPOS.

8

Where OscarPOS authorises warranty service of a Product, OscarPOS will, in its discretion, organise for our authorised repair agent to attend site during business hours (between 9am and 5pm, Monday to Friday, excluding public holidays). Alternatively, the Customer may take the Product to the appropriate repair centre for service if OscarPOS specifically authorises the Customer in writing to do so. Alternately, the Customer may post the Product as directed by OscarPOS if OscarPOS specifically authorises the Customer in writing to do so.

The Customer is responsible to inspect all goods received from OscarPOS upon arrival. In instances where goods have been damaged in transit, the Customer must report this to OscarPOS within 3 days of receipt of the product. Failure to report physical damage on arrival within 3 days of receipt may result in denial of warranty for physical damage.

9

OscarPOS reserves the right to determine which authorised repair centre is the appropriate service location in any particular circumstance.

10

The Product will be at the Customer's risk while in transit to and from the OscarPOS Authorised Repair Centre.

11

OscarPOS may seek reimbursement of any costs incurred by Us where the Product is found to be in good working order, or when it has been determined that the Standard Warranty does not apply as per section 17.

12

OscarPOS reserves reasonable discretion to determine whether any Product is or is not performing in accordance with the OscarPOS specifications, subject to applicable law.

13

The Standard Warranty is transferrable to a new owner of a Product originally purchased from OscarPOS, provided OscarPOS is informed by contacting OscarPOS within 7 days of the date of transfer.

14

Extended Warranties may be available for purchase for some Products. These Extended Warranties may be purchased up to 14 days after delivery of Your Products.

15

Where an Extended Warranty is purchased, it will replace the Standard Warranty period with the extended warranty period (for example, either 3 or 5 years).

16

OscarPOS is entitled to terminate the Extended Warranty by e-mail notice to the Customer in the event that, in OscarPOS opinion, the Product is used contrary to its specifications, in which case OscarPOS will pay a pro-rata refund for the unexpired period of the Extended Warranty less administration expenses.

17

To the full extent permitted by law, the Standard Warranty and Extended Warranty will not apply in respect of a Product:

  1. If the Product has not been installed, operated, maintained or used in accordance with the manufacturer's instructions or specifications provided with the Product;

  2. If the factory-applied serial number has been altered or removed from the Product;

  3. Which has suffered damage, malfunction or failure resulting from alterations, any alterations (hardware or software), accident, misuse, abuse, fire, liquid spillage, mis-adjustment of customer controls, use on an incorrect voltage, power surges and dips, thunderstorm activity, force majeure, voltage supply problems, tampering or unauthorised repairs by any persons, use of defective or incompatible accessories, the operation of a computer virus of any kind, exposure to abnormally corrosive conditions or entry by any insect, vermin or foreign object in the Product;

  4. To damage arising during transportation, installation or while moving the Product, or to any transportation costs of the Product or any parts thereof to and from the Customer, unless otherwise specified in these Warranty Terms and Conditions;

  5. To any third-party software or hardware not contained in the Product as originally configured by the manufacturer;

  6. To any failure, to the extent that the failure is not a failure of the Product to perform in accordance with its specifications;

  7. To replacement or repair of any consumables or lost parts or accessories;

  8. To service and support of any software operating system or application installed on any Product, except to assist in restoring the Product to its factory default settings; or

  9. To service of any product whilst it is outside Australia.

18

To the full extent permitted by law:

  1. OscarPOS will not be liable for any loss, damage or alterations to third party hardware, software, programs, data and/or information stored on any media or any part of the Product, no matter how occurring; or for any loss or damage arising from loss of use, loss of profits or revenue, or for any resulting indirect or consequential loss or damage.

  2. OscarPOS aggregate liability in respect of all claims under the Standard Warranty and Extended Warranty shall not exceed the original purchase price of the Product or, at OscarPOS option, replacement of the Product with a like or similar Product.

  3. OscarPOS excludes all other warranties, conditions, terms, representations and undertakings whether express or implied.

19

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.