TERMS AND CONDITIONS

TRADING TERMS INCLUDING POLICY ON WARRANTY AND PART RETURNS

Disclaimer

Doug Smith Spares accepts no responsibility for any loss or damage, (whether direct, indirect or consequential) however arising, that may be suffered in any way though the fitment or use of any component, irrespective of such loss or damaged being deemed caused by said component, whether the component is faulty or otherwise. The diagnosis of appliances is complex and often requires specialised knowledge and equipment. Such diagnosis of faults is the responsibility of the customer. Due to legal requirements we are unable to give out technical advice.

Manufacturers names, models and part numbers are used for reference purposes only and do not indicate source of supply of parts. “Home” brand, generic or replacement parts may be supplied. The assessment of suitability of these parts is the responsibility of the buyer and should be made prior to purchase. Acceptance of parts is deemed acceptance of suitability.

Warranty Terms and Consumer Protection laws.

National Consumer Laws (NCL’s) guarantee consumers certain rights. The ACCC provides a complete description of these rights in a pdf document. It’s important to note that if you ask for and receive a trade discount or receive the part on a trade invoice, or at a trade price, then you agree that the part is NOT of your personal use, and that you are purchasing the part for the purpose of resale.

The following terms and conditions are not intended to limit or override or contradict the NCL’s and any term which is found to contradict the guidelines, the NCLs will take precedence.

All items sold by Doug Smith Spares are warranted to be of reasonable quality, and are covered by a warranty. The length of time that warranty period applied after the sale is determined by the supplier form whom we purchased the goods. Normally this is the manufacturer of the appliance. Most offer 12 month warranties, but some importers offer 3 months. (such as Blanco Delonghi, LG, and Samsung)

In order to claim warranty we ask that you meet a few criteria.

1.  We need to know you purchased the product from us. Proof of purchase must be presented
2.  Parts are warranted to be of reasonable quality and to be fit for purpose at the time of sale. However some parts can be damaged by incorrect fitment, or water damage or even mis-handling. Printed circuit boards are particularly vulnerable. If you fit a new PCB to a machine without addressing the reason why your old one failed, you may destroy the new one the first time you use it. (for example if the pump is drawing too much power) For these reasons we are within our rights to ascertain that the part is actually faulty before offering a remedy. Some manufacturers may ask for the part to be sent back for testing prior to acceptance of warranty. This in no way erodes your right to a remedy if the part is faulty. We STRONGLY recommend you get a service technician before replacing ANY circuit board in ANY appliance.
3.  The diagnosis of electrical appliances is not easy, and the electronic machines are even harder. This is why we STRONGLY recommend that you use a service technician to diagnose and repair your electrical appliances. If you buy a part which does NOT fix the fault because you have mis-diagnosed the problem, this is not warranty. The warranty applies to goods that are faulty at the time of sale, or failed within the manufacturer’s specified warranty period. A consumer requesting to return goods simply because the parts did not fix the fault in their machine is considered a change of mind by the consumer.
4. We do not accept change of mind purchases on any item which is of an electrical nature. By doing this we can guarantee our customers that they are purchasing new parts, and not parts that have been fitted to someone else’s machine previously.
5. Change of mind purchases may be returned under certain circumstances. see Our Money Back Guarantee If you Change your Mind. (below)
6. In order to claim warranty you are required to complete our Return Authorisation Claim Form 
7. After receiving approval to return the goods, the goods must be returned to our premises.
8. All Warranty Claims are subject to the Manufacturer of the goods accepting the warranty claim. In some cases the Manufacturer may require the goods back for testing before accepting the claim. Doug Smith Spares will send the parts back to the manufacturer as required, and will make best endeavours to expedite this process. 
9. Once the claim is accepted by the Manufacturer, goods subject to warranty will be replaced, not refunded.
10. For abundance of clarity, we do not refund parts which are subject to warranty, just as Toyota don’t give you a refund if your new Camry breaks down. In the past people have claimed ‘warranty’ when in fact the part they bought was never the problem. This has been particularly prevalent on PCB’s because, despite all the warnings we give you, some people still incorrectly assume that the PCB is the problem when it often isn’t. Less than 1 in 1000 PCBs fail in the warranty period due to production issues. If you have a genuine warranty claim on a PCB then you still need a new circuit board to complete the repair, so accepting an exchange PCB should not be a problem for you. If it’s a problem for you then it’s most likely because you have bought the wrong part, and are trying to trick us into accepting a change of mind return on a PCB. If you are not comfortable with this policy, please don’t buy the PCB. We can’t be clearer than that. 

Credit claims on delivered items

Where goods are delivered by post or courier organised by Doug Smith Spares any claim for short supply or transit damage must be made within 48 hours of delivery taking place. Where deliveries are made without a signature being obtained, the delivery is considered to have taken place at the expected or claimed time of delivery. Claims must must be made online by completing our Return Authorisation Claim Form clearly stating the nature of the problem and the remedy sort (eg refund or re-supply), must include images of the damaged part sent to the appropriate branch for investigation.

Items delivered by persons, or couriers or some other method other than those consigned by Doug Smith Spares, are at the buyers risk from the time it is picked up, and no claims of damage or short supply will be accepted. 

Buy-In Parts

All specially procured parts must be paid for in full at time of ordering, and, are non-returnable and non-refundable if you change your mind for any reason. (including mis-diagnosis of faults as described above)

All parts must be collected within 21 days of notification. Parts not collected within this 21 day period may be disposed of or returned to the supplier. Customers will be deemed to be notified after three failed attempts to contact them on three different days on the phone number given. Customers will be deemed to be notified after we’ve sent an email to the email address provided to us, whether or not the email is successfully delivered. Customers are responsible for ensuring their spam filter settings are appropriate.

Our Money-Back Guarantee if you change your mind.

All items normally kept in stock,  (Other than Electrical Components) may be returned for a full refund. Refunds will be given subject to the following conditions.

1.  Parts must be in original condition and packaging, undamaged, unused, and in saleable condition. The packaging must also be in original condition, with no additional writing or marks on the box. 
2.  Parts must be returned within 21 days of invoice/receipt date.
3.  Original invoice must be presented
4. Electrical components may not be returned for credit.(that’s any item which has electricity connected to it such as elements, pumps, PCB’s, valves etc)
5. Appliances (either new, or factory seconds) may not be returned for credit if you change your mind. (Consumer warranties do apply of course)
6. Freight and handling charges are non-refundable. The cost of returning the parts to us must be paid by you. Credits will only be considered once the part(s) have been received by us. Parts being returned to us are your risk until we receive them.
7. You have completed our Return Authorisation Claim Form

Payment

We accept payment by eftpos, credit card or direct debit. Cheques are not accepted. Cash is no longer accepted at the counter. Customers wishing to pay cash may make a deposit at any branch of the Bendigo Bank. 

Credit Card warranties.

We accept credit card payment over the phone, internet, and at the counter.  By providing us with a credit card number the customer agrees to all charges, and to honour all agreements with their credit provider. The customer warrants that they are the legitimate holder of the card, and that they are acting lawfully in giving us the number. The number is supplied in good faith, and the customer accepts and agrees to honour all charges which are duly incurred in the transaction, whether or not their signature appears on a docket.

Failure to honour the agreement to pay for goods as described above, may incur a charge of $33 (including GST).  Dishonoured credit card payments, and any associated fees may be charged to the customers credit card.

Buying Online

We are a full-service store, and are happy to give you all the help you require either by phone, email or online chat. Certain conditions, terms and restrictions apply to purchases made on our online store. 

Orders placed on the website are a request to deliver, not a contract to deliver. We may be unable to deliver for reasons including:

• Errors in pricing or descriptions on the website,
• Stock errors, or unavailability
• delivery area restrictions*
• force majeur
• any other reason.

* Flat rate delivery charges for online orders are minimal and subsidise our cost of delivery. Sending larger cartons via Australia Post is usually not viable, and we generally use couriers to send those parcels. We ask that unless you live in a very remote area, that you give us a physical street address to deliver to, not a PO Box address. If delivery of large items to PO Box address is prohibitively expensive, we may be unable to deliver it. 

In the event that we are unable to supply the order, we will notify you at our earliest convenience, and refund your order in its entirety including any freight charges.

Images, descriptions model lists and other information on the website, whilst compiled with best intentions, are considered a guide only. Customers are encouraged to make further enquiries before deciding if the product is correct for the job.

Orders placed online are subject to a discounted flat-rate shipping. It is a condition that these orders will be dispatched marked “leave if unattended”. this means that if you are not there to sign for the goods, they may be left somewhere for you, without a signature. If you do not have somewhere safe for goods to be left, please consider having your order delivered to an alternative address. Otherwise, please contact us before ordering, and we can make other arrangement for you.

Items may be offered online at a lower price than in store. This price is an online price and available only to online orders. 

Items indicated as ‘Stocked Items’ on our website are usually in stock at our main warehouse in Granville (Sydney). Our Website does not receive up to the minute stock updates from our shop system, so sometimes stocked items may be subject to replenishment and not be available for immediate dispatch. If you require immediate dispatch please message us before ordering to check up to the minute stock holdings. 

Orders placed for store pickup – please wait for us to email you and tell you that they are ready for collection, especially if you are picking up from a location other than Sydney, as some of the parts are not carried in the smaller stores. Again, if you need it in a hurry, please contact us prior to ordering and we can advise you what stock holdings we have at that time. 

Factory Second Appliances

Factory seconds appliances are usually subject to some imperfections, or damage or some sort. Descriptions of the appliance on the internet or elsewhere are general in nature, made from our observations and are to be considered a guide only. Whilst we do our best to fairly represent the appliance, no representations of quality, or condition are to be relied upon solely. Photographs may be stock photos, or of previous examples of the same model and text may not be fully descriptive. We strongly encourage customers to visit the store and inspect the condition of the appliance before making the decision to purchase.

Customers opting not to inspect the appliance (example wishing to purchase over the phone or online) agree to accept the condition of the appliance(s). Once you agree to buy it, and provide payment, we will remove our advertising and withdraw the appliance from sale. We do not accept change of mind returns on appliances, and refusing an appliance based on its conditions is considered a change of mind. By offering payment for an appliance, the customer agrees to these terms.

This is why customers are strongly encouraged to inspect the appliance prior to agreeing to buy it.

Delivery times

If we have the stock on hand,* we will make every effort to dispatch orders on the day they are received, provided the order is received before 2PM on a weekday. Despite our best efforts, this service is never guaranteed, as backlogs in all warehouse can and do occur. If time is of the essence to you, please talk to us at the time of ordering, and we’ll let you know what we can do for you on that day.

Exact delivery times can depend on a number of factors, including the weight and size of the parcel, where its going etc. As a general rule customers should allow 3-6 business days for delivery, although it is usually much quicker than that.

We use reputable external courier services, but occasional delays are experienced during delivery which are out of our control. (such as floods, fire, industrial action, system errors and other malaise) As such we cannot accept responsibility for delays during carriage.

Please make sure someone is available to sign for receipt of your order at your nominated delivery address. A redelivery fee may be charged if the courier has to come to your address twice. Please also ensure that your order has your correct delivery address, and if you are having the parcel delivered to a business address, that you include the name of the business. If it is likely that no one will be at the place of delivery to sign for the order and you are happy for the package to be left unattended, please request so at the time you order it. We do not take responsibility for the safety of your delivery if you choose to leave it unattended.For orders o our webshop, subject to a discounted flat rate shipping, authority to leave is assumed.

Full risk in the products will pass to you upon delivery from us. Full title will pass to you upon receipt of full payment and delivery to you.

• If you are ordering online and need immediate delivery, please check with us before ordering to make sure the part is in stock. Items indicated as ‘Stocked Items’ on our website are usually in stock at our main warehouse in Granville (Sydney). Our Website does not receive up to the minute stock updates from our shop system, so sometimes stocked items may be subject to replenishment and not be available for immediate dispatch. If you require immediate dispatch please message us before ordering to check up to the minute stock holdings. 

Seniors Discount

We offer a 5% discount to eligible holders of seniors cards. (over 55 and no longer working)  The card must be in the name of the person who is buying the goods, and must be presented at the time of ordering. No discounts are available for orders placed online.

Trade Discounts

In order to obtain a trade discount an official trade order or contractors license must be produced at time of ordering. By asking for a trade discount you are telling us that the parts you are buying are for the purposes of resale, and in doing so you are forgoing some rights as a ‘consumer’. A discount may be given to:

1.  Holders of electrical contractors licenses
2.  Legitimate members of the appliance repair industry actively involved in the repair of appliances for payment.
3. Air Conditioning technicians
4. Plumbers and gas fitters
5. Other businesses by arrangement – including Hotels, Churches, Schools , handyman services etc.

In order to receive ongoing trade discounts, it is a condition that you become a Trade Customer by completing the trade customer form. By applying to become a trade customer you agree to receive Business to Business communication from us as part of our supplier-customer relationship. You agree that it is not spam and it is not unsolicited.  We do not share email addresses or any other personal details with any other organisations. Please see our privacy policy for mere details.

Vendor Information

Government Enterprises, or business requiring Vendor Information (supplier information) on letterhead, can download it here.

Vendor information

Repairs

We do not do repairs in home. We may conduct in-workshop repairs of appliances that are carried into our shop. This is not done at all stores, so please check availability before bringing goods in to us. Repairs are undertaken under the following conditions:

• Goods must be brought to us, and are at the owners risk whilst in transit. We are not responsible for delivery, or pick-up of goods.
• All repairs are subject to an up-front minimum charge, which is non-refundable for any reason, including us determining the goods are not economically repairable, whether due to parts availability or some other reason. If you choose to go ahead with your repair, the up-front charge is applied to the total cost.
• Uncollected goods may be disposed of after 90 days. We just don’t have room to keep things any longer than that. Please come and pick your gear up. Tipping or disposal fees may be charged. 
• We reserve the right to refuse to accept an item for repair.
• Repairs done by us are warranted for a period of 6 months. 

Fitment Advice.

Whilst we try to accommodate all customers’ needs, we are forbidden from offering fitment advice, particularly where electrical components are concerned. Any information given to customers is of a general nature only, and is not to be construed as advice. It is the responsibility of the customer to ensure that he or she possesses the necessary skills required to fit the item.

Due to our endeavours to comply with the National Consumer Protection laws, we CAN NOT and WILL NOT diagnose the fault on your machine for you, no matter how obvious it sounds to us. You need to tell us the description of the part you wish to purchase, and we will make our best endeavours to identify the part you’ve asked for. We can not supply parts to you based solely on your description of the problem in your machine. If you are at all unsure which part you need, PLEASE call a serviceman.

Where the customer feels that they may not be fully equipped and able to safely and adequately conduct fitment of any item, we strongly recommend that the services of a tradesperson be employed. It is Law in Qld that we display the following sign to all customers wishing to purchase parts:

We are happy to recommend a repairer who we consider to be trustworthy and reliable. We in no way, directly or implied, warrant the service or reputation of any repairer or service offered by said repairer, and the responsibility of choice whether or not to accept the recommendation of that repairer is borne entirely by the customer.

Preferential Payments

If payment for a product is from a company, the buyer agrees

• That they have authority to act on behalf of the company; and
• that the company is not trading whilst insolvent; and
• they are not aware of any information or conditions which make it likely that the company will become insolvent or be placed in any sort of liquidation, administration, or other management provisions in the next 6 months; and
• to personally indemnify Lubon Holdings Pty Ltd against any claims of preference made in the future by directors, administrators or anyone else.

Trade Website Login

The trade pages section of our website is designed exclusively for our trade customers. By logging onto the trade section you agree:

• you are the owner, or duly authorised representative of the trade Customer
• not to share your login details with anyone
• login availabilty is at the sole discretion of Lubon Holdings, and may be disabled, removed or restricted in any way we see fit
• content within the trade sections is not to shared with anyone outside your organisation for any reason

Privacy Policy. 

Your Privacy is important to us, and your personal information is handled in accordance with our privacy policy, which can be found here: Privacy Policy.

Acceptance of Terms

Purchasing or ordering of goods, or any other financial transaction with Lubon Holdings Pty Ltd (Doug Smith Spares or NQ Appliance Spares), shall be deemed acceptance of all of these terms and conditions in their entirety by the buyer.

Trade Customers have access to the Trade-only sections of this website. Logging onto those pages is deemed acceptance of these terms and conditions in their entirety.

The Customer shall give the Seller not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customerís details (including but not limited to, changes in the Customerís name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by the Seller as a result of the Customerís failure to comply with this

TRADING TERMS FOR ACCOUNT CUSTOMERS

Application for 30 day Credit:

In addition to the Terms, Conditions and Policy herein, there are also Terms and Conditions on the account application form which apply to 30 day credit account customers. By filling in and signing a credit application form, you agree that those conditions and the conditions  herein apply and endure whether or not we agree to offering, or continuing to offer you credit in the future. If you submit a purchase order with us it is subject to these terms, and you will be deemed to have accepted such terms in their entirety. Download a Credit Application form here:  Account Application Form

IMPORTANT – Restrictions on 30 day credit:

Our experience has shown that some groups of customers present higher credit risks that others. It is no personal judgement on yourself or your company, that we apply the following restrictions on 30 day credit:

Businesses located outside Australia – No credit terms are available.
Businesses trading in Australia but operated by a company whose directors reside outside Australia – No credit terms are available, but credit card authorisations are welcome.
Businesses located in Orange NSW – No credit terms are available, but credit card authorisations are welcome.
Businesses who fail to properly identify their directors on the account application form  – No credit terms are available.
Electrical wholesalers – Credit limit restrictions apply.
Hardware stores – Credit limit restrictions apply.
Businesses owned by trusts – Personal Guarantees must be signed by trustees.
Pty Ltd Companies – Credit limit restrictions apply unless Personal Guarantees are signed by directors.

Delivery and orders

Order numbers will usually be shown on invoices if they are furnished by the customer. Orders will be delivered by courier if the customer so wishes. Orders over $200 in value will be delivered F.I.S. for Sydney and Gold Coast Metropolitan deliveries*. A delivery charge may be applied for all other deliveries, and where possible the customer may be advised of the cost of delivery at the time of placing the order.

*Free Delivery Zone applies to Trade customer orders only for in stock items over $200, to the following areas:

Sydney – Metro Sydney, Blue mountains, Central coast, Newcastle, Hunter valley, Wollongong, Southern highlands.
GoldCoast – Tweed Heads, Kingscliff, Southport & Sanctuary Cove, Murwillumbah – 1st 25kgs is freight free, but additional weight charges are payable.

Customers are entitled to 1 free delivery per $200 order only. Parts that are buy-in parts will not be freighted for free, unless the whole order is conglomerated and sent together at the customer’s request.

Payment by Credit Card

30 day accounts may be paid using Mastercard or Visa Card. In order to pay by credit card customers must complete the credit card authority form, and by doing so agrees to abide by the following conditions:

Any account being paid by credit card must be finalised in full before the close of each month. (e.g. all February invoices will be charged to your credit card on the last trading day of February) You will then be sent a statement showing your invoices for the month, a payment on the last day, and an outstanding balance of zero.

Should any payment not be met, or any balance not be paid in full for any reason, a statement will be sent out which will show the amount outstanding. This amount is due and payable within the 30 day period as normal. Credit Card payments are not accepted for amounts issued on statements. Acceptable methods of payment for 30 day balances are EFT, Cash, direct debit, or bank deposit.

View/print the credit card authority form here:Credit Card Authority – Account Customers

Returns Policy: (for trade and account customers)

Parts returns

We all hate returns, but we understand they are a part of being a service technician some time. We will try to work with our trade customers to accommodate returns wherever possible, and we ask our trade customers to do everything you can to minimise parts returns, and to handle them as efficiently and quickly as possible.

Parts may be returned for exchange or refund subject to the following conditions:

1.  Parts must be in original condition and packaging, undamaged, unused, and in saleable condition. (except warranty returns obviously)
2. Some specially procured parts are non-returnable and non-refundable. Sorry, these conditions are imposed on us by suppliers. Some returns may be subject to a restocking fee charged by our supplier.
3.  Parts should be returned within 21 days of invoice date, except by prior arrangement with us. (some suppliers, including Electrolux, will allow longer return times for customers in country areas in certain circumstances.)
4.  Original invoice must be presented, or invoice number quoted.
5. You need to fill in our Return Authorisation Claim Form  please. 

Warranty Conditions

Most parts (other than glass components) are covered by manufacturers warranty. Parts considered for warranty claims must meet the following conditions,

1.  Original invoice must be presented or invoice number quoted
2.  Parts have been correctly fitted
3.  Parts are not water damaged
4.  Parts have not been modified in any way or damaged in any way after sale
5.  Components have not been affected by another fault within the appliance

Parts returned under warranty may be subject to manufacturers approval.
Parts accepted for warranty will be exchanged. No refunds will be given.
Warranty claims will only be considered on parts returned to our premises, and responsibility for cartage is with the customer.
Light globes are not subject to any warranty.
We will not pay for incidental costs, or damages, however caused.

Credit Notes

Credit will be raised on the day that they are processed. We do not usually apply the credit note to the orignal invoice. Customers are welcome to pick up the credit with their next payment if they wish, but please quote the credit note number on your remittance.

Download a Credit Application form here:  Account Application Form

TRADING TERMS FOR SUPPLIERS

Trading terms with suppliers are as per the suppliers agreement, with the addition of the following special conditions. Where these special conditions conflict the suppliers agreed terms, these conditions take precedent.

1. Accepting of orders and/or supplying of goods or accepting of payments is deemed to be acceptance of these terms by the supplier. A supplier receiving payment electronically who does not agree to these terms, should return the payment immediately.
2. Payments made by cheque are deemed to be cleared funds on receipt by the supplier.
3. Suppliers agree to return any overpayment, or payments received without remittance advices, whether the account is within terms or otherwise.
4. Suppliers agree to apply payments in accordance with any remittance advice. If the supplier is unable or unwilling to apply the payment as described, they are to return the payment immediately and in its entirety to Lubon Holdings Pty Ltd.
5. Where a supplier is also an account Customer of Lubon Holdings Ltd:

A: Lubon Holdings reserves the right to apply part or all of any outstanding Supplier’s (A/P)invoice(s) towards payment of the Customer’s (A/R)  account. Application of contras is done at the sole discretion of Lubon Holdings Pty Ltd.
B: In the event of payment default by the Supplier in its capacity as Customer, title of any good delivered to Lubon Holdings shall pass, and those goods may be sold by Lubon Holdings free from encumbrance or charge, up to a maximum value of the default plus any reasonable collection costs.