These terms and conditions (Terms) apply to all Services provided by Techtronic Industries Australia Pty Limited ACN 002 277 509 in Australia or by Techtronic Industries N.Z Limited NZBN 9 429 039 761 347 in New Zealand (Milwaukee) to the customer specified in the Quote (Customer).
1. Definitions
1.1. In these Terms, unless the context otherwise requires:
Authorised Retailer means a retailer or trade partner authorised by Milwaukee to resell Products and who has agreed to partner with Milwaukee in the provision of the Services.
Claim means a legal proceeding (whether civil or criminal), administrative proceeding, arbitral proceeding, mediation or other form of alternative dispute resolution (whether or not held in conjunction with the proceeding), an investigation or inquiry by a governmental agency, liquidator, controller or administrator or a threat, complaint, cause of action, suit, arbitration, verdicts, judgment, demand or other claim (whether written or oral) that might reasonably result in the person against whom it is made apprehending that a proceeding, investigation or inquiry might be initiated and any liability or expenses which arise out of, or which are suffered or incurred, in connection with the foregoing.
Consumer Laws means the Australian Competition and Consumer Act 2010 (Australian Consumer Law) and the New Zealand Consumer Guarantees Act 1993 and includes the consumer guarantees referred to in the relevant legislation.
Force Majeure includes but is not limited to an act of God, fire, lightning, explosion, flood, subsidence, epidemic, pandemic, insurrection, civil disorder or military operation, government restraint, expropriation, prohibition, strikes, lockouts, the orders of any court or governmental authority (including quarantine or lockdown requirements), or other material industrial disputes of any kind relating to the party affected which occur without the negligence or fault of the party affected or any other cause beyond the control of the affected party.
GST has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) in respect of Services provided in Australia, or the Goods and Services Tax Act, 1985 (NZ) in respect of Services provided in New Zealand.
Personal Information has the meaning given in the applicable Privacy Legislation.
Privacy Legislation means, for Services provided in Australia – the Privacy Act 1988 (Cth) and for Services provided in New Zealand – the Privacy Act, 2020 (NZ).
Privacy Policies means, for Services provided in Australia – https://www.milwaukeetool.com.au/privacy-policy.html and for Services provided in New Zealand – https://www.milwaukeetool.co.nz/privacy-policy.html .
Product means any Milwaukee branded item of tool, equipment or machinery for which Milwaukee offers repair services, and which are not otherwise subject to any statutory or contractual warranty period (including, without limitation, as may be required by Consumer Laws).
Quote means the document provided either by Milwaukee or an Authorised Retailer specifying the Services to be performed and the Service Fee payable for such Services.
Quote Fee means the fee for reasonable out of pocket transportation costs to send a Product to Milwaukee in order to enable Milwaukee to provide a Quote.
Quote Request Form means a document to be completed by the Customer setting out such information as may be required by Milwaukee from time to time relating to the Product to enable Milwaukee to provide a Quote.
Services means the repair services to be provided to the Product by Milwaukee, and any other services as described in a Quote.
Service Fee means the fee for the Services as specified in a Quote.
Terms means these terms and conditions and any attached schedule or annexure.
Milwaukee Service Centre means a Milwaukee site that offers the Services currently located - for Australia – in Victoria, Queensland and Western Australia, and – for New Zealand – in Auckland and Christchurch.
Uncollected Goods Legislation means the legislation governing the treatment and disposal of uncollected goods in the State or Territory where the relevant Milwaukee Service Centre is located that received the Product and includes any regulations, amendments or successor legislation.
2. Application
2.1. Unless otherwise agreed in writing, these Terms and the Quote set out the entire agreement between Milwaukee and the Customer in relation to performance of the Services.
2.2. By submitting a Product for a Quote, accepting a Quote, engaging Milwaukee’s Services or making a payment to Milwaukee for Services, the Customer is deemed to have agreed to these Terms.
3. Quotes
3.1. The Customer may request a Quote by completing a Quote Request Form either in store at an Authorised Retailer or by contacting Milwaukee directly. The form of the Quote Request Form will vary depending on whether the Customer requests a Quote from an Authorised Retailer or from Milwaukee directly.
3.2. The Customer acknowledges that a Product must be sent to Milwaukee for assessment before Milwaukee can provide a Quote. If the Customer requests a Quote from an Authorised Retailer, the Authorised Retailer will manage the process for sending the Product to Milwaukee for assessment. If the Customer requests a Quote directly from Milwaukee, Milwaukee and the Customer will arrange for the Product to be sent to Milwaukee for assessment.
3.3. The Customer will be informed if a Quote Fee is applicable and if so then the Customer must pay this Quote Fee at the time of submitting the Product for a Quote. Any Quote Fee paid will be deducted from the Service Fee if the Customer proceeds with the Service.
3.4. Milwaukee will assess the Product upon receipt. Milwaukee may request further information from the Customer in order to provide a Quote. If the Customer has submitted the Product via an Authorised Retailer, the Authorised Retailer will provide the Quote to the Customer. If the Customer has submitted the Product directly to Milwaukee, Milwaukee will issue a Quote directly to the Customer.
3.5. If Milwaukee determines (in its absolute discretion) that the Product is not suitable for repair (including, without limitation because the Product presents with hazardous materials, is reasonably suspected to be stolen, has not been purchased from an Authorised Retailer or displays signs of misuse or damage), then Milwaukee will inform the Customer (either directly or via the Authorised Retailer as applicable) and may reject a Quote Request Form.
3.6. Any Quote will remain open for acceptance for fourteen (14) days from the date the Quote is sent to the Customer and Milwaukee reserves the right to withdraw a Quote at any time prior to acceptance.
3.7. The Customer may accept a Quote by paying the Service Fee. Milwaukee will have no obligation to provide any Services unless and until the Service Fee has been paid.
4. Service Fee
4.1. In consideration for Milwaukee performing the Services, the Customer must pay the Service Fee.
4.2. If the Customer has received a Quote from an Authorised Retailer, then the Service Fee will be paid in the manner requested by the Authorised Retailer. If the Customer has received a Quote from Milwaukee, then the Service Fee will be paid to Milwaukee by following the payment link included in Milwaukee’s Quote. An additional surcharge may be imposed by the payment provider for credit or debit cards as specified at the time of payment.
4.3. The Service Fee will separately itemise any GST which the Customer must pay in addition to any other amounts payable by the Customer in respect of a taxable supply when paying the Service Fee for Services.
4.4. Milwaukee or the Authorised Retailer (as applicable) will issue a tax invoice to the Customer following completion of the Services.
4.5. Milwaukee shall have no responsibility for any payments made by the Customer to an Authorised Retailer.
5. Title & Risk
5.1. Title in the Products will not pass to Milwaukee and Milwaukee holds the Products as bailee for the Customer (and will return the same to the Customer on request).
5.2. Risk in the Products remains with the Customer except while in the possession of Milwaukee, its agent or contractor.
6. Provision of the Services
6.1. By paying the Service Fee, the Customer authorises Milwaukee to provide the Services.
6.2. Milwaukee will use reasonable skill and care when providing the Services.
6.3. Milwaukee will advise the Customer of the estimated timeframe for the completion of the Services.
6.4. Any timeframes specified by Milwaukee are estimates only and Milwaukee makes no representations, warranties or commitments that the Services will be completed within any specified timeframes.
6.5. Upon completion of the Services, Milwaukee will arrange for the Product to be returned to the Customer. The Products will be returned to the Authorised Retailer (if the Customer has engaged the Authorised Retailer) or directly to the Customer (if the Customer has engaged Milwaukee).
6.6. If Product return is arranged via an Authorised Retailer, then the Customer will be responsible for collecting the Product from the Authorised Retailer and proof of delivery by Milwaukee to the Authorised Retailer shall be deemed confirmation of receipt of the returned Product by the Customer. Milwaukee shall have no further responsibility for the Product once it is received by the Authorised Retailer.
6.7. If return is arranged directly with the Customer, proof of delivery by Milwaukee’s nominated transportation company shall be deemed confirmation of receipt of the returned Product by the Customer.
7. Uncollected Goods Legislation
7.1. The Customer acknowledges and agrees that Milwaukee (or the Authorised Retailer, as applicable) may dispose of the Product in accordance with the provisions of the Uncollected Goods Legislation where the Customer fails to either collect the Product from the Authorised Retailer or accept return delivery of the Products by Milwaukee.
7.2. Milwaukee may also charge a reasonable storage fee if the Customer does not accept return delivery of the Product within a reasonable time.
8. Customer Warranties
8.1. The Customer represents and warrants that they own the Product or if the Product is owned by a corporate entity, that they have the right to act on behalf of that corporate entity in respect of the Product.
8.2. The Customer represents and warrants that all information provided in a Quote Request Form is true and accurate, to the best of the Customer’s knowledge and belief.
8.3. Milwaukee is entitled to rely on these representations and warranties when providing the Services.
9. Service Warranty
9.1. Milwaukee provides a ninety (90) day express manufacturer’s warranty on parts and labour relating to the Services.
9.2. Notwithstanding section 9.1, the goods/parts and Services come with guarantees that cannot be excluded under the Consumer Laws. Specifically:
Our goods and services come with guarantees that cannot be excluded under the Consumer Laws. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- 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.
10. General
10.1. Any Personal Information provided by the Customer is collected, used and stored by Milwaukee for the purposes of providing the Services. Milwaukee will handle all Personal Information in accordance with all Privacy Laws and Milwaukee’s Privacy Policies.
10.2. For Services provided in Australia, these Terms are governed by and construed in accordance with the laws of the state of Victoria and the Commonwealth of Australia. Any legal action in Australia in relation to these Terms against any party or its property may be brought in any court of competent jurisdiction of the Courts of Victoria, Australia.
10.3. For Services provided in New Zealand, these Terms are governed by and construed in accordance with the laws of Auckland, New Zealand. Any legal action in New Zealand in relation to these Terms against any party or its property may be brought in any court of competent jurisdiction of the Courts of Auckland, New Zealand.
10.4. Each clause in these Terms is severable. If any clause is held to be illegal or unenforceable, then the remaining clauses will remain in full force and effect.
10.5. A party affected by an event of Force Majeure shall notify the other party promptly of such fact in writing. An obligation of a party will be suspended for the period during which the party is prevented from or delayed in complying with that obligation by an event of Force Majeure. If the suspension of the obligations of a party due to an event of Force Majeure continues for a period in excess of thirty (30) days, either party may immediately cancel the Services the subject of the relevant Quote by notice in writing to the other party.
10.6. Any provision of these Terms which is invalid in any jurisdiction is invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provisions of these Terms or the validity of that provision in any other jurisdiction.
10.7. Milwaukee may engage third parties in the provision of the Services in its discretion, provided that Milwaukee shall at all times remain responsible to the Customer for all acts or omissions of such third parties.