Terms & Condition of Sale

1. AGREEMENT
a. Haus Group Australia (“Haus”) sells its products on a pro forma (agency) basis.
b. An agreement is made between Haus and the customer for the purchase of the product/s as specified in an order (“agreement”) if and when Haus issue an order confirmation (Transaction Receipt) to the customer in respect of that order.
c. Under the pro forma sales arrangement, Haus may contract a sales agent to facilitate the sale. This agent may receive payment from Haus for its services.

2. PRICE
a. The price payable by the customer to Haus for the product/s is the price specified in the order confirmation

3. PAYMENT
a. Subject to clause 3(b) and 3(c), a minimum deposit of 25% is required in order to secure the current price and any applicable promotional offer. Stock will not be allocated to an order for product until a 25% deposit is received.
b. All orders for products that are placed with a delivery date of seven (7) days or less must be paid in full at the time of order placement.
c. All orders for Haus Display / B-Stock / Clearance Stock must be paid in full at the time of order placement.
d. Full payment of the price or balance is required the earlier of, delivery of the product/s or 90 days from the order placement date. However, Haus Group Australia agrees to hold goods for the customer for up to 180 days from the order date if payment in full has been made with in the 90 days of order. If full payment is not received within 120 days from the order placement date, Haus may cancel the order and charge the applicable cancellation fee in accordance with clause 4(a) and 4(b) of these terms and conditions.
e. Subject to provision 3(d), if the agreement relates to two or more products and they are delivered on different dates, that component of the total price is payable relating to the product to be delivered is payable prior to delivery.

4. CANCELLATION FEE
a. If your order is cancelled, all monies received will be returned excluding the applicable cancellation fee.
b. A cancellation fee of 25% of the purchase price or $250.00 (AUD) – whichever is greater - will apply to all cancelled orders.

5. DEFAULT IN PAYMENT
a. If the customer fails to make any payment when due, the customer must, without prejudice to any other right or remedy of Haus:
i. pay interest on the amount outstanding calculated daily at a rate equal to The Reserve Bank of Australia’s base rate plus 5%;
ii. reimburse Haus for all reasonable costs and expenses incurred in relation to the outstanding debt and chasing payment of it; and
iii. upon reasonable notice by Haus, return the product/s to Haus or permit a representative of Haus reasonable access to the location of the product/s to repossess the product/s.

6. DELIVERY
a. All orders for Haus Display, B-stock or clearance stock must be collected and delivered within 7 days of order.
b. All orders (other than where clause 6(a) applies) must be settled and paid for within 90 days of the order placement date and delivered within 180 days of the order placement date. Orders not settled and delivered within this time frame may incur storage fees and charges or may be cancelled and Haus may charge the applicable cancellation fee in accordance with clause 4(a) and 4(b).
c. Subject to clause 6(e), Haus will deliver all the product/s to the Sales Agent named in the order or to a specific business address. Where no location is specified, Haus will deliver the product/s to the Sales Agent whom with the customer placed the order.
d. The risk of loss or damage to the product/s passes to the customer upon delivery. Notwithstanding this, Haus will provide the customer with 14 days’ notice from delivery to instruct Haus of any damage to the product/s. Within this period, Haus will remedy the damage provided that the product/s have not been installed.
e. Subject to clause 6(a), 6(b) and 6(f), the delivery date will be the date specified in the order or, if no date is specified, such alternative date as the customer and Haus later agree on (“delivery date”).
f. Haus will use reasonable commercial endeavours to deliver the product/s on or about the delivery date. If Haus is unable to deliver the product/s (by reason of inventory shortage, transportation difficulties or otherwise), it will use reasonable commercial endeavours to do so within a reasonable period after the delivery date.
g. If Haus does not deliver the product/s within 30 days of the delivery date, by reason of a cause within Haus's reasonable control, the customer may give 5 business days’ notice of termination (without penalty) of this agreement. If the product/s are not delivered in the notice period, this agreement is terminated on expiry of that period.
h. If the model of the product/s is discontinued or superseded and not available for delivery on the delivery date, Haus will notify the customer as soon as practicable, prior to the requested delivery date that:
i. Haus is prepared to instead supply a model of equivalent or superior standard, or,
ii. There is no equivalent model available and this agreement is therefore terminated (without penalty) with immediate effect.
i. If the customer accepts Haus's offer of an alternative model in accordance with clause 6(h);
i. the product/s and the price will be varied as per Haus's offer. If the offer is rejected, this agreement is thereby terminated (without penalty) with immediate effect.
j. Haus will deliver the product/s at a time arranged by Haus, the customer and the agent. If Haus determine that a direct delivery to the customer is required, and in the event that the customer is not present to accept delivery at the nominated delivery time, the customer will be liable to pay Haus a fee to have the product’s re-delivered at a new delivery time/date, as arranged by Haus and the customer. This re-delivery fee is payable by the customer prior to Haus re-delivering the product/s at the new nominated delivery time/date.
k. Subject to clause 9 and applicable consumer protection legislation, if the customer accepts delivery of the product/s and subsequently changes their mind about the product/s (including where the customer orders the incorrect product), Haus may, in its discretion, agree to:
i. accept return of the relevant product/s from the customer; and
ii. provide replacement product/s to the customer.
l. In these circumstances, the customer must pay:
i. a re-stocking fee of 20% of the price of the product/s returned; and
ii. any difference between the price of the product/s being returned and the replacement product/s selected.
m. The customer acknowledges that this re-stocking fee represents the costs incurred by Haus in accepting and re-stocking the returned products. Haus will not impose the re-stocking fee where the customer is not at fault (including where a Sales Agent submits an incorrect order).
n. If the customer fails to accept delivery of the product/s in accordance with clause 6(a) or 6(b) Haus may give the customer 5 business days notice of termination of this agreement. If the customer fails to collect or accept delivery within that notice period, this agreement is terminated on expiry of that period and Haus may charge the applicable cancellation fee in accordance with clause 4(a) and 4(b).
o. If Haus is unable to contact the customer after making reasonable attempts to arrange delivery or collection, Haus may give the customer 5 days notice of termination of this agreement. If the customer fails to make arrangements within the notice period, this agreement is terminated on expiry of that period and Haus may charge the applicable cancellation fee in accordance with clause 4(a) and 4(b).

7. PRODUCT INSTALLATION
a. Haus recommends that the products be installed in accordance with the Haus installation instructions that accompany each product. If a Haus product is not installed in accordance with the instruction manual, this may affect the Haus warranty offered under clause.
b. Haus is not liable for any loss or damage to product/s which occurs through installation of the product/s by parties other than Haus or a Haus Service Agent.

8. OWNERSHIP AND RISK
a. Haus remains the owner of the product/s until the price is paid in full to Haus and the product/s have been delivered to the customer.
b. The customer must not sell or otherwise deal with the product/s until the price is paid in full to Haus. If the customer purports to do so, the customer will be deemed to hold the proceeds of sale or other realisation (or the amount equal to the outstanding) on trust for Haus.
c. Notwithstanding clauses 8(a) and 8(b), the risk of loss of or damage to the product/s passes to the customer upon delivery. After delivery, the customer is responsible for storing the product/s prior to any installation and is liable for any loss or damage which occurs during such storage.

9. WARRANTY
a. Haus domestic products are subjected to rigorous testing and assessment as to their quality and longevity. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. The customer is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. The customer is also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
b. Warranties and conditions as to the merchantability and fit for purpose of Haus domestic products are implied under Australian consumer protection legislation. The warranty in this clause 9 is independent of, and does not exclude or limit, any non-excludable statutory warranties and conditions implied by such legislation.
c. Haus warrants that the product/s will be free from defects in materials and workmanship for a period of 60 months from the date of delivery.
d. Haus does not make any further representation or warranties as to the merchantability of its domestic product range.
e. Haus reserves the right to inspect and test the product/s for the purpose of determining the extent of any defect and the validity of any claim made under this warranty. All defective parts/products replaced by Haus under this warranty will be deemed to be the property of Haus.
f. This Haus warranty will not apply if the product/s is rendered faulty by a factor other than a defect in materials and workmanship. Such factors include but are not limited to:
i. damage through misuse (including failure to maintain, service or use with proper care), neglect, or accident;
ii. use for a purpose for which the product was not sold or designed;
iii. in the case of household appliances, commercial use;
iv. use or installation (where applicable) which is not in accordance with any specified instructions for use or installation;
v. use or operation after a defect has occurred or been discovered;
vi. damage through freight, transportation or handling in transit (other than when Haus is responsible);
vii. damage through exposure to chemicals, dusts, residues, excessive voltage, heat, atmospheric conditions or other forces or environmental factors (including vermin damage) howsoever outside Haus's control;
viii. repair, modification or tampering with by the purchaser or any person other than Haus or an authorised Haus Service Agent; or
ix. use of parts, components or accessories which have not been supplied by or specifically approved by Haus. This warranty does not apply to consumables such as batteries, filters or globes.
g. Customer must retain proof of purchase (receipt or invoice) in order to be eligible to make a warranty claim under this clause 9.
h. The Haus warranty provided under this clause is not transferable.

10. HOW TO MAKE A WARRANTY CLAIM
a. Conduct a basic check of the product. It is also a good idea to check the Haus user manual. If the problem persists follow our simple claims process:
i. Notify Haus who will arrange at no cost to you a warranty repair or service, call 03 8593 9600 or e-mail: service@hausgroup.com.au
ii. Provide and make available the warranty card/manual or a copy of the purchase receipt/invoice to show that the warranty applies to the product at the date of the claim. Please note that Haus may engage other persons or parties to assist it in fulfilling its obligations. We always try to complete repairs in the shortest amount of time possible.

11. SERVICE & SPARE PARTS
a. While Haus will use reasonable commercial endeavours to have all necessary spare parts available for the purpose of repair or service, Haus is not liable for delays due to sourcing of unusual parts which are required, or due to circumstances beyond the control of Haus.
b. Haus has a policy of assuring the availability of spare parts and service for all Haus products for a period of not less than five (5) years following the cessation of production of the applicable product. After this period, availability of spare parts and service will depend upon the particular Haus product. Please contact Haus for more details in relation to availability of spare parts and service.

12. COMPLAINTS / CUSTOMER CARE
a. We take our customer service seriously and want to hear about any problems that you may have had or the level of service you have been provided.
b. To notify us of these issues, please collect all the relevant information on your query and direct it to:

The Customer Service Manager
Haus Group Australia Pty Ltd
2/2 Network Drive
Carrum Downs VIC 3201
T: 03 8593 9600
E: service@hausgroup.com.au

13. PRIVACY
a. Haus will collect and deal with the customer's personal information (including name, address, telephone contact or personal details) only in accordance with Haus's privacy protocol and the Privacy Act 1988 (Cth).
b. Haus may disclose personal information to its related companies and to organisations which provide services (including delivery services) to Haus or which assist Haus in providing services (including repair / warranty services) to its customers.

14. GOVERNING LAW
a. This agreement is subject to the laws of the State of Victoria, Australia and the parties submit to the exclusive jurisdiction of the Courts of that State.



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