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Key Features of Dick Smith Extended Warranty Congratulations on your new purchase. We are pleased that you have elected to protect your purchase with a Dick Smith Extended Warranty, which operates in addition to your rights under the Australian Consumer Law. We want to ensure that you get the peace of mind you deserve with every purchase you make. That s why there s Dick Smith Extended Warranty Dick Smith Extended Warranty is available with purchases of any product that comes with a Manufacturer s Warranty of more than three months. It is available for either 1, 2 or 4 years after the conclusion of the Manufacturer s Warranty, depending on the extended warranty You purchase (to a maximum combined total of five years). The Dick Smith Extended Warranty booklet comprises this summary of Key Features and the Terms and Conditions. It operates alongside, and in addition to, any rights and remedies to which You may be entitled under the Australian Consumer Law and any other law that applies to the Covered Item. What are the additional benefits under Dick Smith Extended Warranty? In addition to the rights and remedies to which You may be entitled under Australian Consumer Law, by purchasing Dick Smith Extended Warranty You will also be entitled to the following benefits below: Peace of mind: You are covered for problems with the functionality or operation of the Covered Item, including fair wear and tear, during the term of Your Dick Smith Extended Warranty. Replacement for products under $400: If Your Covered Item costs less than $400 and there is a problem with its functionality or operation, We will replace it with a new product or a Gift Card. No Lemon Guarantee: For Covered Items over $400 if the Covered Item has been repaired three times, on the fourth time We will replace it with a new product or a Gift Card. Repair Time Guarantee: If We take longer than 21 days to repair Your Covered Item, We will replace it with a new product or a Gift Card. 2 405515_AU_Extended_Warranty_DL.indd 2
Loan Service for Laptop and Tablet Device: If Your repair will take longer than 5 business days You can request a loan laptop or tablet device from Us while Your Covered Item is being repaired. Fair Wear and Tear: We cover Fair Wear and Tear of Your Covered Item. Free Assessment: We will not charge You for an assessment, even when no fault is found with Your Covered Item. Free Freight Costs: During the claims process, We will cover any freight costs associated with the handling of Your Covered Item. Power Surge Protection: Your Covered Item is covered for a Breakdown caused by a power surge. Coverage is subject to Exclusions and Dollar Limits and Our full Terms and Conditions. Full details of those Exclusions and Dollar Limits are set out in the full Terms and Conditions below. Hassle-free cover To benefit from Dick Smith Extended Warranty simply add it on at the time You make Your purchases in-store or on-line. If You have any problems with Your Covered Item simply contact 1300 654 621, or lodge a claim anytime on-line at www.dse.twgau.com.au 3 405515_AU_Extended_Warranty_DL.indd 3
Dick Smith Extended Warranty Terms and Conditions Dick Smith Extended Warranty is issued by: Dick Smith Electronics Pty Limited (trading as Dick Smith Electronics or Tandy), 2 Davidson Street, Chullora NSW 2190 Tel: 1300 366 644 In this booklet We refer to the issuer of Your Dick Smith Extended Warranty as We, Us or Our. Important Notes Dick Smith Extended Warranty is available with purchases of any product purchased from Us that comes with a Manufacturer s Warranty of more than three months. It is available for either 1, 2 or 4 years after the conclusion of the relevant Manufacturer s Warranty, depending on the extended warranty that You purchase (to a maximum combined total of five years). Dick Smith Extended Warranty applies alongside, and in addition to, Australian Consumer Law (see below). A separate Dick Smith Extended Warranty must be purchased for every item You require to be covered under the Dick Smith Extended Warranty. The Dick Smith Extended Warranty commences upon expiry of the Manufacturer s Warranty. You must retain and produce Our Tax Invoice and this booklet in the event of a claim under the Dick Smith Extended Warranty. This Dick Smith Extended Warranty does not constitute or create a contract of insurance between Us, You and/or the Administrator and the Warranty Booklet should not be construed as a contract of insurance Your rights under the Australian Consumer Law At Dick Smith, Our goods come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You 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. Your rights under Australian Consumer Law commence from the date of purchase and may run for the life of the product that You have purchased. Details about Dick Smith s obligation to offer You a refund, repair or replacement (including under the Australian 4 405515_AU_Extended_Warranty_DL.indd 4
Consumer Law) are set out in Dick Smith s Returns Policy. In addition to the rights and remedies You may have available under Australian Consumer Law or any other law that applies to the goods or services that You purchase from Dick Smith, You may also be entitled to additional benefits under the terms of any additional Manufacturer s Warranty that comes with Your product. The terms of any additional Manufacturer s Warranty that comes with Your product do not in any way affect Your rights under Australian Consumer Law or Dick Smith s Returns Policy. In addition to the rights and remedies to which You may be entitled under Australian Consumer Law, by purchasing Dick Smith Extended Warranty You will also be entitled to the benefits set out in these Terms and Conditions for a period of either 1, 2 or 4 years after the expiry of Your additional Manufacturer s Warranty (depending on the coverage You choose, up to a maximum combined total of 5 years inclusive of the Manufacturer s Warranty period). Subject to the exclusions and limitations set out in these Terms and Conditions, Dick Smith Extended Warranty gives You a guaranteed minimum remedy where Your Covered Item suffers a Breakdown, irrespective of whether Your Covered Item breaks down due to fair wear and tear or due to some other reason covered by Dick Smith Extended Warranty. Where Your Covered Item breaks down as a result of a failure to comply with a consumer guarantee under Australian Consumer Law, You may be entitled to an alternative remedy to those set out in these Terms and Conditions. To claim this remedy, You should contact Dick Smith see Dick Smith Returns Policy for details. Cooling off period We understand that all customer needs are different. Accordingly, as part of Dick Smith Extended Warranty, We offer a 14 day Cooling Off Period. If You should decide for any reason whatsoever that Dick Smith Extended Warranty does not suit Your individual needs, You may cancel Your Dick Smith Extended Warranty and receive a full refund as long as no claims have been lodged. Please return to the store from which You purchased the Covered Item within 14 days of purchase to cancel and receive a full refund on Your Dick Smith Extended Warranty. Definitions Administrator means The Warranty Group Australasia Pty Ltd (ABN 37 005 004 446). 5 405515_AU_Extended_Warranty_DL.indd 5
Breakdown means a breakdown of a Covered Item, whether a result of mechanical issues, electrical issues or fair wear and tear that affects the functionality or operation of the Covered Item. Covered Item means the item identified on Our Tax Invoice, being a consumer home appliance, home electronics, computer equipment or which You purchased from Us. Dick Smith Extended Warranty means the extended warranty for the Covered Item, the terms, conditions and exclusions of which are set out in this document. Dollar Limits the maximum amount payable by Us under this Dick Smith Extended Warranty will be the original Purchase Price of Your Covered Item (inclusive of GST) per claim. Exclusions means the circumstances that are not covered by Dick Smith Extended Warranty as set out in these Terms and Conditions. Gift Card means a store card or voucher redeemable for purchases at participating Dick Smith or Tandy branded stores. Manufacturer s Warranty means the original in box warranty coverage provided by the manufacturer in respect of the Covered Item. Purchase Price means the purchase price of the Covered Item specified on the Tax Invoice, inclusive of GST. Replacement Terms means the paragraphs in this document under the heading Replacement Terms. Tax Invoice means the tax invoice that We issued to You for the Covered Item You have purchased and for which You have purchased a Dick Smith Extended Warranty. We, Us, Our means the issuer of Dick Smith Extended Warranty and the person from whom You purchased the Covered Item. You, Your means the person to whom We have issued Our Tax Invoice. Dick Smith Extended Warranty Features and Benefits explained 1. Peace of mind It doesn t matter if You purchased a state-of-the-art home entertainment system or the latest mobile phone, Dick Smith Extended Warranty gives You the benefit of additional protection after the conclusion of the standard Manufacturer s Warranty. 6 405515_AU_Extended_Warranty_DL.indd 6
Subject to the Exclusions and Dollar Limits, Dick Smith Extended Warranty provides You with peace of mind for any Breakdown of Your Covered Item, whether a result of mechanical issues, electrical issues or fair wear and tear that affects the functionality or operation of Your Covered Item. This means that, under Dick Smith Extended Warranty, if a Covered Item suffers a Breakdown at any time during the term of Your Dick Smith Extended Warranty, the Covered Item will be repaired, replaced or a Gift Card will be provided, even in circumstances where the need to repair the Covered Item arises due to fair wear and tear and the Breakdown does not amount to a major or minor failure to comply with one of the consumer guarantees under the Australian Consumer Law. We will assess Your claim and determine whether You are entitled to a remedy under Dick Smith Extended Warranty within 5 business days of receiving the details of Your claim and use Our best endeavours to provide Your remedy as soon as possible after the date of assessment. 2. Replacement for Covered Items under $400 During the period of Dick Smith Extended Warranty, if: You choose to make a claim under Dick Smith Extended Warranty; the purchase price of the Covered Item is less than $400; and the Covered Item suffers a Breakdown that is covered by Dick Smith Extended Warranty then We will replace the Covered Item in accordance with the Replacement Terms. 3. No lemon guarantee for products with a Purchase Price of $400 or more If the Covered Item has been repaired three times under Dick Smith Extended Warranty and it suffers a Breakdown for a fourth time, subject to the Exclusions We will replace the Covered Item as set out in the Replacement Terms. This is in addition to any other remedy that You may be able to claim from Dick Smith under Australian Consumer Law. 4. Repair Time Guarantee We will replace the Covered Item in accordance with Our Replacement Terms if We attempt to repair the Covered Item and that repair takes longer than 21 days. The 21 day repair guarantee commences from the date upon which the repairer receives Your Covered Item and ends on the earlier of either: 7 405515_AU_Extended_Warranty_DL.indd 7
the date the repairer sends to You or makes available Your Covered Item, having completed repairs; and the date that is 21 days after the repairer receives Your Covered Item. Note: This guarantee only applies to repairs undertaken in the country of purchase. 5. Loan of Laptop or Tablet Device Where a repair to Your Covered Item, which is a laptop or tablet device, has been assessed by Our repairer to take more than 5 business days to be completed You may request a loan laptop or wi-fi enabled tablet device during the repair time by contacting the Administrator, who may request a security deposit from You for the period of the loan. The Administrator will arrange to freight the loan laptop or tablet device to You, and from You at the end of the loan period, free of charge. You will be responsible for all costs associated with any damage to the loan unit while it is in Your possession, as well as internet connections, data downloads and any other usage costs incurred for the period during which the loan unit is in Your possession. You will need to make a copy of any data you require from the loan unit prior to return as all data will be destroyed upon return. 6. Fair Wear and Tear Fair wear and tear is covered, that is, problems with the operation or functionality of the Covered Item as a result of normal usage within manufacturer s recommendations. 7. Free Assessment We will not charge You for an assessment even when no fault is found. 8. Free Freight Costs Any freight costs associated with the handling of Your Covered Item, during the claims process, are covered. 9. Overseas Cover Your Covered Item will be protected against a Breakdown whilst temporarily overseas, however You may be required to find a suitable and convenient repairer if outside Australia. You will need to contact Us prior to having Your Covered Item repaired, We will then advise You whether You are authorised to arrange the repair. If We authorise the repair, You may be required to pay for the repair and claim the cost back from Us. You will need to provide Us with an itemised invoice of the repair costs 8 405515_AU_Extended_Warranty_DL.indd 8
in order to have Your reimbursement approved under Your Dick Smith Extended Warranty. If Your Covered Item needs replacing, this will be in accordance with the Replacement Terms and any replacement product or Gift Card will be issued to an Australian address only. 10. Power Surge Protection We will protect You under Dick Smith Extended Warranty even if Your Covered Item suffers a Breakdown caused by a power surge. What is covered by Dick Smith Extended Warranty? Subject to the Exclusions and Dollar Limits set out in these Terms and Conditions, Dick Smith Extended Warranty provides You with peace of mind for any Breakdown of Your Covered item. We will assess Your claim and determine whether You are entitled to a remedy under Dick Smith Extended Warranty within 5 business days of receiving all details of Your claim and use Our best endeavors to provide Your remedy as soon as possible after the date of assessment. Your remedies under Dick Smith Extended Warranty During the period of Dick Smith Extended Warranty, if You choose to make a claim under Dick Smith Extended Warranty and the purchase price of the Covered Item is less than $400 and the Covered Item suffers a Breakdown that does not fall within the categories of exclusions, then We will replace the Covered Item in accordance with Our Replacement Terms. During the period of Dick Smith Extended Warranty, if You choose to make a claim under Dick Smith Extended Warranty and the Purchase Price of the Covered Item is $400 or more and it suffers a Breakdown that does not fall within the categories of exclusion, then We will, at Our discretion: Repair the Covered Item; or Replace the Covered Item in accordance with our Replacement Terms. Repair We will usually attempt to repair the Covered Item in the first instance, in which case We will direct You to a service centre or arrange a service call. However, We will not always elect to repair the Covered Item (for example, if We determine that repairs are unlikely to be effective or economical) and in those cases, We will replace the item in accordance with the Replacement Terms. 9 405515_AU_Extended_Warranty_DL.indd 9
If the Covered Item is installed permanently or is heavy (e.g. a large TV with a screen size larger than 60 cm), We may repair it at Your home. If We can t repair it onsite, We ll take it away to be fixed as quickly as possible. Repair Notice: You should be aware that, in some circumstances, 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. If the Covered Item is capable of retaining user-generated data, You should also be aware that repair of the Covered Item may result in loss of the data. Replacement Terms If We elect to replace the Covered Item then We will replace the Covered Item with an identical item or, if an identical item is not available, an item with equivalent specifications to the Covered Item. The cost of replacement will not exceed the original Purchase Price of the Covered Item. Note: The replacement product We supply may have a lower selling price than the Covered Item and is a replacement based on equivalent specifications. Replacement of a Covered Item is not limited to the original manufacturer s brand due to availability of products and changes in technology. Where the original brand is no longer available for any reason, we may supply an equivalent product. If We elect not to repair or replace the Covered Item, We will provide You with a Gift Card that has a value equal to: (a) where a replacement product with equivalent specifications is available, the recommended retail price of an item identical to the Covered Item or an item with equivalent specifications to the Covered Item; or (b) where a replacement product with equivalent specifications is not available, the Purchase Price. If You choose not to accept a replacement offered to You by Us, You will be entitled to a Gift Card of the recommended retail price of the recommended replacement item only, which may be an item identical to the Covered Item or an item with equivalent specifications to the Covered Item. Replacement/Gift Card Notice: If Your Covered Item is replaced or a Gift Card is used as settlement, the faulty item will become Our property. In this instance, the Dick Smith Extended Warranty will cease immediately and there will be no refund of the Purchase Price You paid for Dick Smith Extended Warranty. 10 405515_AU_Extended_Warranty_DL.indd 10
What is the duration of Dick Smith Extended Warranty? Dick Smith Extended Warranty commences on expiration of the Manufacturer s Warranty and ceases when the first of the following things occurs: We replace the Covered Item as a result of a claim; We provide You with a Gift Card as a result of a claim; The date that is one, two, or four years after the expiration of the Manufacturer s Warranty, depending on the period of Dick Smith Extended Warranty You purchased; or The date that is five years from the date You purchased the Covered Item. It is important for You to check the term of the Manufacturer s Warranty. For example, if You purchase Dick Smith Extended Warranty for four years and the Manufacturer s Warranty is for more than one year, then Dick Smith Extended Warranty will expire in less than four years. Dick Smith Extended Warranty only commences once the Manufacturer s Warranty has expired. During the period that the Manufacturer s Warranty still applies, You must exercise Your rights under the Manufacturer s Warranty rather than make a claim under Dick Smith Extended Warranty. What if I sell the covered item? If You sell or gift the Covered Item, Dick Smith Extended Warranty can be transferred to the new owner if You call the Administrator on 1300 654 621 within 7 days of the sale. Our total liability under Dick Smith Extended Warranty is not increased as a result of any such transfer. What are the limits to Our liability under Dick Smith Extended Warranty? Dollar Limits The maximum amount payable by Us under Dick Smith Extended Warranty will be the original Purchase Price of Your Covered Item (inclusive of GST) per claim. We may avoid or reduce a claim under Dick Smith Extended Warranty if You make any misrepresentation or any fraudulent or dishonest act or omission in connection with the claim. Exclusions The following ITEMS, COSTS and CLAIMS are excluded from cover. 11 405515_AU_Extended_Warranty_DL.indd 11
What ITEMS are not covered by Your Dick Smith Extended Warranty? Dick Smith Extended Warranty applies to one Covered Item only. If more than one item appears on the Tax Invoice, the Tax Invoice will identify the Covered Item to which Dick Smith Extended Warranty applies; Any item purchased outside Australia is not covered; Any item with no Manufacturer s Warranty or a Manufacturer s Warranty of less than three months is not covered. What other COSTS are not covered by Dick Smith Extended Warranty? There are some costs that are not covered by Dick Smith Extended Warranty and which You will have to pay in the event of a claim, unless You are able to recover those costs from another person. These are as follows: Any cost associated with access, repair, removal, replacement, installation or re-installation of the Covered Item, unless this has been approved by the Administrator and where the cost is in addition to the costs of assessment and any freight costs; Normal maintenance costs, including costs relating to the cleaning, lubrication, alignment, tuning, reprogramming or adjustment to the Covered Item; Any loss, damage, cost or expense in relation to loss of use or consequential loss resulting from any Breakdown of the Covered Item. CLAIMS: What are the Exclusions? Dick Smith Extended Warranty does not cover any of the following components or specific conditions: (1) Misuse Breakdown of a Covered Item which has been used for commercial use (rather than for personal, domestic or household use); Breakdown as a result of improper or unauthorised modification or repair; Breakdown caused by a failure to follow the manufacturer s installation or operating instructions; Breakdown caused by accidental or deliberate damage, neglect, abuse, wilful act, misuse, theft, sand, water or liquid damage, corrosion or battery leakage, rust, mildew and mould; Breakdown of speakers as a result of overloading. 12 405515_AU_Extended_Warranty_DL.indd 12
(2) Consumable products and accessories Breakdown or consumption of consumable products such as cables, cords, cartridges, tapes, software items, batteries, fuses, bulbs, styli, ribbons, filters, toner and the like; Breakdown of any accessories not provided by the manufacturer with the Covered Item. (3) External sources Breakdown resulting from external sources including but not limited to infestation, flood, fire, interference, external wiring and connections or non-compatibility of accessory equipment (but excluding power surges); or Loss of software, data, floppy disks or CD-ROM disks as a result of viruses, malfunction or damage of an operating part. (4) Non-operating or cosmetic deterioration Any issues arising as a result of non-operating or cosmetic deterioration that do not affect the functionality or operation of the Covered Item. (5) Inherent defects announced by manufacturer Breakdown caused by inherent defects such as date non-compliance, pre-existing defects, recalls or design defects where the manufacturer has notified the public of such defects; A Covered Item that is subject to a manufacturer recall. If this occurs, contact Dick Smith or the manufacturer for the remedies that are available to You. (6) Breakdowns or faults that occur or arise in the Manufacturer s Warranty period Breakdown that occurs or arises during the term of the Manufacturer s Warranty period. You will not be able to lodge a claim for such a Breakdown under Dick Smith Extended Warranty. In this instance You will be referred back to the manufacturer for remedy under the terms of the Manufacturer s Warranty. You may also be entitled to alternative rights and remedies from Dick Smith and/or the manufacturer under Australian Consumer Law. Dispute resolution Should You have a concern relating to the administration of Your Dick Smith Extended Warranty You may request that it be dealt with by the supervisor or manager directly responsible for that area. If Your complaint is not resolved by the supervisor or manager, Your complaint may then be referred to the Administrator s Customer Complaints and Disputes Review Process. 13 405515_AU_Extended_Warranty_DL.indd 13
To ensure that the impact to You is minimised, We will ensure that a written response is provided to You within 15 business days. You may contact the Administrator s Customer Complaints and Disputes Review Process Panel by contacting the Administrator by: by emailing twgau.dse@au.thewg.com; or by phone on 1300 654 611. Your privacy By requesting and accepting this Dick Smith Extended Warranty, You consent to Us managing Your personal information in accordance with Our and the Administrator s Privacy Policies so that We can provide and administer Your Dick Smith Extended Warranty, including processing claims, verifying Your identity, handling Your inquiries and related, secondary or ancillary purposes. If You do not provide Us with this information You will not be eligible to participate in the Dick Smith Extended Warranty program. We may also use Your personal information in other ways to provide You with superior service. This may include using Your personal information to advise You of new products and services, including for marketing and re-marketing purposes. You have the right to tell Us that You do not want Us to send information to You other than for the main purpose for which we have collected Your personal details. Where possible, We try to ensure that Our disclosure of information to other organisations (for example market researchers, and others with whom We have commercial arrangements) is in a way which does not personally identify individuals. In accordance with Our and the Administrator s Privacy Policies, You have rights of access to, and correction of, Your personal information upon request. You also have the right to complain about the management of your personal information, which is also detailed in Our and Administrator s Privacy Policies. If You would like a copy of Our Privacy Policy, would like access to the information We have about You, know where Your information may be stored, or wish to make a complaint, please see Our Privacy Policy at http://www.dicksmith.com.au/help/my-account/privacypolicy. If You would like a copy of the Administrator s Privacy Policy, would like access to the information they have about You, know where Your information may be stored or wish to make a complaint, please contact their Privacy Officer on 1300 654 611 or visit http://www.thewarrantygroup.com. au/company-overview/privacy/index.html. 14 405515_AU_Extended_Warranty_DL.indd 14
What do You do if Your Covered Item breaks down? Review the manufacturer s product manuals and instructions, as this will often pinpoint what is wrong and advise You how to remedy the issue. If the Covered Item is within the term of the Manufacturer s Warranty, contact the manufacturer to remedy the fault under the terms of the Manufacturer s Warranty. You may also be entitled to alternative rights and remedies from Dick Smith and/or the manufacturer under Australian Consumer Law. If the Covered Item is outside of the term of the Manufacturer s Warranty and you cannot identify the problem or the Covered Item needs repair, You can choose to: make a claim against Dick Smith or the manufacturer if there has been a breach of a consumer guarantee under Australian Consumer Law (see Dick Smith Returns Policy for details); or make a claim under Dick Smith Extended Warranty. To make a claim under Dick Smith Extended Warranty, You will need to lodge a claim through one of the following methods: Online anytime at www.dse.twgau.com.au; or Call the claims hotline on 1300 654 621. We have engaged the Administrator to administer on Our behalf any claims which are made on Dick Smith Extended Warranty. By purchasing Dick Smith Extended Warranty and accepting the terms and conditions, You accept performance of Our obligations under Dick Smith Extended Warranty by the Administrator. Please ensure You have the Tax Invoice and this booklet available when calling. Remember, any costs associated with repair, removal or installation of the Covered Item will not be paid unless first approved by the Administrator. 15 405515_AU_Extended_Warranty_DL.indd 15
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