Australian Consumer Law
Products sold by EMDAWG JDM ABN 93544943851 come with guarantees that cannot be excluded under Australian Consumer Law. Consumers are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. Consumers are 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.
A "major failure" as defined in the Australian Consumer Law broadly is one where a reasonable consumer would not have acquired the goods had the consumer been fully aware of the failure, the goods are unsafe, substantially unfit for purpose or departed significantly from the demonstration model or sample. In this regard, you should refer to the Australian Consumer Law.
Consumer guarantees cannot be excluded and are in addition to any express warranty (warranty against defects) you are given.
There may be circumstances where you are not entitled to a remedy.
For further information about the Australian Consumer Law and consumer guarantees, visit www.consumerlaw.gov.au
In addition to all rights and remedies to which consumers may be entitled under Australian Consumer Law and any other relevant legislation, EMDAWG JDM offers a further Express Warranty for products.
The benefits given to consumers by the Express Warranty are in addition to other rights and remedies that may be available under a law in relation to the products to which the Express Warranty relates. This Express Warranty does not exclude, restrict or modify any such statutory rights or remedies.
EMDAWG JDM warrants the products sold by it are free from defects in material and workmanship for the warranty periods specified.
When will goods be accepted for return?
- When there is deemed to be a breach of a Guarantee under Australian Consumer Law or other applicable consumer protection laws or regulations; or
- When there is deemed to be a breach of any express warranty given by EMDAWG JDM or the manufacturer of the goods, and the goods are returned in accordance with the terms of that warranty.
No change of mind returns
Please choose carefully as returns and refunds are not possible where you have changed your mind, made a wrong selection or found the goods cheaper elsewhere. Please carefully review the goods and ask as many questions as possible to decide if the goods are appropriate for you before proceeding with your final purchase.
Assessment and condition of goods for acceptable return
EMDAWG JDM reserves the right to assess the eligibility of goods before accepting them for return. This includes reviewing the condition and age of the goods.
All goods that a customer wishes to be assessed for return must be:
(a) accompanied by valid proof of purchase documentation from EMDAWG JDM ;
(b) unaltered, unmodified, unmarked, undamaged and complete with instruction manuals, tags, labels and accessories supplied with the goods as part of the purchase;
Please note that it may be necessary for the manufacturer of the goods to inspect the goods in order to assess eligibility for return. EMDAWG JDM will endeavour to procure such assessment within a reasonable time.
While goods are being assessed, EMDAWG JDM will not be deemed to have accepted the goods for return.
Other than any remedies under Australian Consumer Law or other relevant legislation, goods which are used in a way or environment that would create OH&S and hygiene risks may not be returned. This includes any goods that may have been soiled or exposed to biological contamination.
Customised or special orders may not be returned
Goods that have been customised or modified to suit the specific needs of the customer or user may not be returned. Goods that have been purchased specifically for the customer or user and would not normally be held in stock by EMDAWG JDM as part of EMDAWG JDM range may not be returned unless upon request EMDAWG JDM's supplier accepts the return from EMDAWG JDM. EMDAWG JDM will endeavour to procure such acceptance within a reasonable time.
EMDAWG JDM reserves the right to apply a restocking fee of 20%. The customer will be contacted after the goods have been assessed to advise if the restocking fee applies.
Upon assessment it is confirmed that goods have breached a consumer guarantee under Australian Consumer Law, any shipping costs to return the goods to EMDAWG JDM will be at EMDAWG JDM's cost. If the goods have not breached a consumer guarantee under Australian Consumer Law, any shipping costs to return the goods to EMDAWG JDM will be paid for by the consumer.
What happens when your goods are accepted for return?
Subject to any obligation of EMDAWG JDM at law to the contrary, when EMDAWG JDM accepts goods for return:
- For a failure to comply with a consumer guarantee which is not a "major failure", EMDAWG JDM may either:
(a) have the goods repaired or provide an identical replacement; or
(b) provide a refund of the amount paid for the goods; within a reasonable time.
- For a failure to comply with a consumer guarantee which is a "major failure" and cannot be remedied, you may either:
(a) reject the goods and choose a refund or identical replacement or one of the same type and similar value (if reasonably available);
(b) agree with EMDAWG JDM to a repair of the goods; and
- Under express warranty, EMDAWG JDM may either repair or replace the goods or offer a refund in accordance with the express warranty.
If goods are accepted for repair, EMDAWG JDM will undertake such repairs within a reasonable time. All repairs will be undertaken as prescribed under the ACL.
If you are entitled to a refund under the ACL, your refund will be issued by credit card, cheque or EFT depending on your original payment method for the goods. No cash refunds will be provided. Refunds will take 10 business days to be processed.
Network Partners & Resellers
All items returned for credit are at the freight expense of the reseller.
All warranty claims will be taken up with the respective supplier and once resolved i.e. credit obtained or replacement article supplied, the reseller’s claim will be settled.
In general, no credit or replacement will be provided prior to the supplier/manufacturer accepting the warranty claim. The PC Manager will be responsible for forming a practical commercial view on this at the time.
Guarantee and Warranties
EMDAWG JDM distributes high-quality goods that are generally backed by a manufacturer’s warranty. The extent of this warranty is documented by way of “Written Warranty Statement” provided by the manufacturer with the relevant products supplied to the buyer by EMDAWG JDM. If the condition of the product is such as it might or would (subject to these terms) entitle the buyer to claim warranty, to reject or reverse purchase order, or to reject the product, Buyer shall first make a written request to EMDAWG JDM to fulfil any applicable warranty obligations. To the extent a valid warranty obligation exists, as determined by EMDAWG JDM, EMDAWG JDM shall then be entitled to take corrective actions within a reasonable time in the manner it deems appropriate, including, but not limited to repair or replacement of the product or refund the price paid for the product. If EMDAWG JDM takes corrective action, then EMDAWG JDM shall not be liable for any loss or damage of any nature whatsoever arising from and after initial delivery of the product, or the performance of its warranty obligations.
For repair, service and preventative maintenance work performed by EMDAWG JDM, EMDAWG JDM warrants its work against defects caused by faulty workmanship or materials for twelve months from the date of service and will repair or, where irreparable, replace the same at its expense. The warranty does not apply where any repairs or modifications are carried out otherwise than by EMDAWG JDM or an authorised agent. Buyer shall not extend to any end-user warranty terms which are different from EMDAWG JDM’s standard warranty terms. Warranty details herein are in addition to your statutory rights that are applicable in your state of purchase. Except as above, all warranties and conditions, whether expressed or implied, as to the goods and their fitness for any purpose are excluded.
If the product does not have any warranties in place, the buyer should review the Return Goods Policy for further actions on non-warranty goods.