Servicing Terms

1. Services and Products.

Services. For service and repair orders relating to products accepted by StarMicronics for service and repair, Star Micronics Australia will service your product as described to you for the estimated charges advised, unless such charges are revised with your prior oral or written consent. Unless otherwise stated, Star Micronics Australia will provide repair or replacement services to address a defect in the materials or workmanship of a product or for damage incurred during operational use.

In servicing your product, Star Micronics Australia may use parts or products that include new and/or previously used Star Micronics Australia genuine parts and have been tested and passed Star Micronics Australia functional requirements, subject to applicable laws. Star Micronics Australia will retain the replaced part or product that is exchanged during service as its property, and the replacement part or product will become your property. Replaced parts and products are generally repairable and are exchanged or repaired by Star Micronics Australia for value. Star Micronics Australia may use Star Micronics Australia Products or replacement parts for service that are sourced from a country that is different from the country from which the Star Micronics Australia Product or original parts were sourced. If applicable law requires Star Micronics Australia to return a replaced item to you if requested by you, you agree to pay Star Micronics Australia the retail cost of the replacement item and shipping.

Star Micronics Australia will provide service exclusively through an approved Star Micronics Service provider.

Star Micronics Australia is entitled to charge you a standard service fee (including shipping charges) (“Service Fee”), if Star Micronics Australia inspects your product and determines that (i) your product does not require service, (ii) service is required due to the failure of parts that are neither supplied by Star Micronics Australia nor Star Micronics internationally, (iii) additional labor or parts are required that were not specified in the original estimated charges and you do not agree to authorise service based on Star Micronics Australia’s revised estimated charges, or (iv) service cannot be performed because the serial number has been altered, defaced or removed or the product has failed due to faulty installation, repair, or maintenance by anyone other than Star Micronics Australia or an Star Micronics Australia Authorised Service Provider), unauthorised modification, extreme environment (including extreme temperature or humidity), extreme physical or electrical stress or interference, fluctuation or surges of electrical power, lightning, static electricity, fire, acts of God or other external causes (“Service Exclusions”). Star Micronics Australia will return your product to you without servicing it and may charge you the Diagnostic Fee.

Star Micronics Australia may provide an estimate on when a repaired product will be shipped to you. Once your order has been prepared for shipment or has shipped, Star Micronics Australia is unable to change the shipping address. Please note that for deliveries that require a signature, if you are willing to assume the risks of your order being delivered without anyone at the delivery address, you may authorise Star Micronics Australia to arrange for a delivery without the need for a signature.

Star Micronics Australia will provide you with shipping and packing instructions. You will be responsible for products or parts that are lost or damaged as a result of failure to follow them Abandoned Property. Unless you provide alternative instructions, Star Micronics Australia will ship your repaired or replacement product to the mailing address you provided when you authorised service. If your product is returned to Star Micronics Australia because delivery could not be completed at the address given, Star Micronics Australia will attempt to contact you for an alternative mailing address. If you do not provide an address at which Star Micronics Australia or its agent may deliver your product within sixty (60) days after the original delivery attempt, Star Micronics Australia will notify you that it considers your product to be abandoned. Star Micronics Australia will send notice to the email address you furnished when you authorised service. In the event that your product is abandoned, Star Micronics Australia may dispose of your product in accordance with applicable provisions of law, and, specifically, may sell your product at a private or public sale to pay for any outstanding service performed. Star Micronics Australia reserves its statutory and any other lawful liens for unpaid charges.

During the service ordering process you must provide a description of the issue that is affecting your product, so that Star Micronics Australia understands and may replicate the issue.

During the service ordering process, you must notify Star Micronics Australia of any unauthorised modifications, or any repairs or replacements not performed by Star Micronics Australia or an Star Micronics Australia Authorised Service Provider (“SMAASP”), that have been made to your product. Star Micronics Australia will not be responsible for any damage to the product that occurs during the repair process that is a result of any unauthorised modifications or repairs or replacements not performed by Star Micronics Australia or an AASP. If damage results, Star Micronics Australia will seek your authorisation for any additional costs for completing service even if the product is covered by warranty or an Star Micronics Australia service plan. If you decline authorisation, Star Micronics Australia may return your product unrepaired in the damaged condition without any responsibility.

Terms of payment are within Star Micronics Australia’s sole discretion, and unless otherwise agreed to by Star Micronics Australia, payment details must be received prior to Star Micronics Australia’s acceptance of an order.

Star Micronics Australia allows you to make purchases or place orders (that require security for the return of the replaced part or product) using credit card, debit card or check card when applicable and acceptable or some other prearranged payment method unless Star Micronics Australia has agreed to some other credit terms. When you provide Star Micronics Australia with your card information, Star Micronics Australia will obtain a pre-approval from the card company for the amount of the order, which may result in a corresponding block on your available credit while the pre-approval remains in place. Star Micronics Australia will not bill your credit card or process a transaction under your debit or check card until your order is processed. Star Micronics Australia may not be able to accept credit, debit, or check cards associated with a billing address outside of the country where the purchase is made or the order is placed. Debit cards and check cards may have daily spending limits that could delay the processing of your order substantially. Star Micronics Australia requires the credit, debit, or check card security code for your card to protect against the unauthorised use of your credit card by other persons. The security code is an individual three or four digit number specific to your card that may be printed on the face of your card above the embossed account, or on the back of your card, on the signature panel.

Star Micronics Australia endeavors to offer you competitive prices on current Star Micronics Australia products and services. Your total order price will include the price of the product or service on the day of order processing. Star Micronics Australia reserves the right to change prices for products or services displayed at any time and particularly to correct pricing errors that appear. A change in pricing would not affect services that have already begun.

Star Micronics Australia will send you a confirmation of your order via email shortly after receipt.

Except as described in the Warranty and Limitation of Liability section below, Star Micronics Australia does not provide refunds for service orders.

For all service orders, Star Micronics Australia warrants that

(1) services performed will conform to their description for ninety (90) days from the date of service,

(2) except for consumables such as ribbons and paper, all parts or products used in service will be free from defects in materials and workmanship for ninety (90) days from the date of service. This warranty is an express limited warranty. If non-conforming service is provided or a defect arises in a replacement part or product during the applicable warranty period, Star Micronics Australia will at its option, or as required by law, either

(a) re-perform services to conform to their description

(b) repair or replace the part or product, using parts or products that are comprised of new and/or previously used Star Micronics Australia genuine parts and have been tested and passed Star Micronics Australia functional requirements, or

(c) refund the sums paid to Star Micronics Australia for service.  

The rights described in this policy in respect of returns, refunds and warranties are in addition to the statutory rights to which you may be entitled under the Consumer and Competition Act 2010 and other applicable Australian consumer protection laws and regulations. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with our service, you are entitled:

If a failure with the 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 cancel the contracts 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 service.

You are also entitled to a repair, replacement or refund for a major failure with our goods 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. If this is not done you are entitled to a refund for the goods or a replacement of the goods. Goods presented for repair may be replaced by previously used Star Micronics Australia genuine goods of the same type that have been tested and passed Star Micronics Australia functional requirements, rather than being repaired. Previously used Star Micronics Australia genuine parts that have been tested and passed Star Micronics Australia functional requirements may be used to repair the goods. The repair of goods may result in loss of the data. Certain legislation including the Competition and Consumer Act 2010, may imply warranties or conditions or impose obligations upon Star Micronics Australia which cannot be excluded, restricted or modified, or cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which Star Micronics Australia is entitled to do so, Star Micronics Australia limits its liability in respect of any claim under those provisions to at Star Micronics Australia’s option (1) the supplying of the services again or (2) the payment of the cost of having the services supplied again.

TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTIES, CONDITIONS AND REMEDIES SET OUT IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, STAR MICRONICS AUSTRALIA SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY AND IMPLIED WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS RELATED TO OR ARISING IN ANY WAY OUT OF THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, CARE, SKILL OR FITNESS FOR A PARTICULAR PURPOSE.

IF YOU ARE A CONSUMER, YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS WITH REGARD TO SERVICES AND PRODUCTS PROVIDED UNDER THIS AGREEMENT. PLEASE REFER TO YOUR LOCAL CONSUMER AUTHORITY FOR MORE INFORMATION ABOUT YOUR RIGHTS. IF NOT COVERED BY THESE RIGHTS, STAR MICRONICS AUSTRALIA DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST, CORRUPTED, OR COMPROMISED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, STAR MICRONICS AUSTRALIA WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, STAR MICRONICS AUSTRALIA IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT OF YOUR ORDER. IN CONSUMER CASES, THE LIABILITY FOR (1) PERSONAL DEATH AND INJURY AND (2) FRAUD MAY BE WIDER THAN NEGLIGENCE CAUSED LOSS AND IN SUCH CASES STAR MICRONICS AUSTRALIA DOES NOT SEEK TO EXCLUDE THIS LIABILITY.

4. General.

Star Micronics Australia is not responsible for typographical errors. Star Micronics Australia reserves the right to cancel any order you have placed if there was a typographical error concerning the pricing or availability of any item you ordered when you placed the order.

Star Micronics Australia reserves the right to change this Agreement at any time, subject to law. A change would not affect services that have already begun.

By accepting the service order, you provide express consent that Star Micronics Australia initiates service and you acknowledge that you may not cancel the service order and may not exercise the right of withdrawal from the contract once the service has been performed.

Star Micronics Australia may make changes to any products or services offered online, or to the applicable prices for any such products or services, at any time, without notice. The information provided online with respect to products and services may be out of date, and Star Micronics Australia makes no commitment to update the information provided online with respect to such products and services.

Star Micronics Australia reserves the right to do any of the following, at any time, without notice:

(1) to modify, suspend or terminate operation of or access to its online pages, or to any portion of its online site, for any reason;

(2) to modify or change its online pages, or any portion thereof, and any applicable policies or terms; and

(3) to interrupt the operation of its online site, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

The laws of Australia will govern this Agreement. To the extent permitted by law, all service orders received from residents of Australia will be governed by the laws of New South Wales.

No Star Micronics Australia employee or agent has the authority to vary any of the terms and conditions governing any transaction.

If any of the aforementioned terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, it will not affect the remaining provisions of this Agreement. Such terms shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the term, so that the terms shall remain in full force and effect.

Star Micronics Australia’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by Star Micronics Australia of any provision or any right it has to enforce these policies, nor shall any course of conduct between Star Micronics Australia and you or any other party be deemed to modify any provision of these terms.

These terms shall not be interpreted or construed to confer any rights or remedies on any third parties.

Star Micronics Australia may subcontract with other service providers for the service of your product.

This Agreement governs service transactions accepted by Star Micronics Australia. No other oral or written terms or conditions apply. Star Micronics Australia does not authorise any variance or modification of this Agreement. Star Micronics Australia is not responsible for any failures or delays in performing service or delivering your product or a replacement product that are due to events outside Star Micronics Australia’s reasonable control.