Terms and Conditions

The warranties in these Terms and Conditions are given by Australian Catering Equipment Holdings Pty Ltd ACN 606 492 399 as trustee for the Australian Catering Equipment Holdings Unit Trust trading as Simco Catering Equipment of 3-9B Forge Street, Blacktown, NSW 2148. Phone: 1300 883 888. Email: info@simcogroup.com.au

 

1. DEFINITIONS AND INTERPRETATION

• In these Terms and Conditions, unless the context otherwise requires, a word in a clause beginning with a capital letter has the meaning given in clause
• These Terms and Conditions must be interpreted in accordance with the rules of interpretation set out in clause

 

2. PRODUCT WARRANTY

• Subject to these Terms and Conditions, Simco warrants every Product against  all defects in material or workmanship that appear during the Product Warranty
• If a defect appears during the first 2 years of the Product Warranty Period, Simco will provide repair (including on-site repair if the Product cannot be transported) and any replacement part required to remedy the defect free of
• If a defect appears during the last 2 years of the Product Warranty Period, Simco will provide any replacement part required to remedy the defect free of charge, but the Customer will pay the repair

 

3. CONSUMABLE PARTS WARRANTY

• Subject to these Terms and Conditions, Simco warrants the Consumable Parts  in every Product against all defects in material or workmanship that appear during the Consumable Parts Warranty
• Simco will provide repair (including on-site repair if the Product cannot be transported) and any replacement part required to remedy a defect covered by clause 1 free of charge.

 

4. WARRANTY CLAIM PROCEDURE

• To make a Warranty Claim, a Customer must:
  • complete the interactive form available on Simco's Website;
  • provide Simco with proof of the Customer's purchase of the relevant Product in the form of a tax invoice or delivery docket;

• provide Simco with proof that the Product has been serviced by Simco or its Service Agent twice in each year since it was purchased; and
• if the Product is a gas appliance, provide Simco with a gas compliance certificate in respect of the Product prepared by a licensed gas

 

5. INSPECTION

• Once a Customer has complied with clause 4.1, Simco or its Service Agent will inspect the relevant Product and determine whether the Customer's Warranty Claim is valid
• If, after inspecting the Product, Simco or its Service Agent determines that the Customer's Warranty Claim is not valid, the Customer will be liable to pay the Inspection Fee.
• If, after inspecting the Product, Simco or its Service Agent determines that the Customer's Warranty Claim is valid, the Customer will not be liable to pay the Inspection Fee.

 

6. REPAIRS

• If Simco is required to repair a Product because of a valid Warranty Claim, Simco or its Service Agent will carry out the repairs:
  • within a reasonable time after inspecting the Product under clause 5; and
  • on Business Days (where the Product is located) between the hours of 8.00 am and 4.00
• If a Customer requests that their Product be repaired otherwise than in accordance with clause 6.1, Simco or its Service Agent may, in their absolute discretion, carry out repairs in accordance with the Customer's
• If Simco or its Service Agent carries out repairs in accordance with clause 2, the Customer must pay the Service Fee.
• Simco or its Service Agent will inform the Customer of the amount of the Service Fee before commencing any repairs in accordance with clause 2.
• If clause 2.3 applies to a valid Warranty Claim, Simco or its Service Agent will inform the Customer of the estimated on-site repair costs before commencing
• Notwithstanding any other clause of these Terms and Conditions, if the premises on which a Product is located are not situated:
  • within a 50 km radius of the central business district of the nearest Australian capital city; or
  • within 30 km of a Service Agent,

Simco is not required to repair the Product unless:

• the Customer returns the Product to Simco's Head Office or, if Simco directs, the nearest Service Agent, with the costs of delivery and collection of the Product to be borne by the Customer in either case; or
• if Simco or its Service Agent, in their absolute discretion, agrees to carry out on-site repairs, the Customer pays the Travel Fee (the amount of which will be disclosed to the Customer before any repairs are carried out).

• Unless another clause of these Terms and Conditions requires otherwise, any costs or other charges relating to the repair of a Product under this clause 6 will be borne by the
• Simco is not obliged to provide a replacement Product to the Customer while a Product is being repaired under this clause 6 or until any parts required for repairs become available.
• Notwithstanding any other clause of these Terms and Conditions, Simco may, as an alternative to repairing a Product under this clause 6, in its sole and absolute discretion:
  • replace the Product with a similar product; or
  • refund to the Customer the purchase price for the Product.

 

7. LIMITATIONS AND EXCLUSIONS

• The warranties given by Simco in these Terms and Conditions:
  • apply only to Products purchased new by a Customer;
  • are not transferrable from a Customer to any other person; and
  • are conditional on:
    • a Customer paying the full purchase price for a Product; and
    • a Customer making a Warranty Claim in accordance with clause

4.1 during the Product Warranty Period or, if the Warranty Claim relates to Consumable Parts, the Consumable       Parts Warranty Period.

• The warranties given by Simco in these Terms and Conditions do not cover:
  • any component of a Product made of glass;
  • any seals, belts, globes, or tubes fitted to a Product, including light globes, infra-red tubes, and quartz tubes;
  • any defect or damage to a Product caused or contributed to by:
    • a Customer's failure to follow instructions provided by Simco or set out in the user manual for the Product relating to the installation, commission, use, cleaning, or maintenance of the Product;
    • a Customer's failure to ensure that the Product is serviced twice a year by Simco or its Service Agent;
    • a Customer's negligent installation, commissioning, use, cleaning, or maintenance of the Product;
    • a Customer accidentally damaging the Product;

• use of the Product in an improper manner or a manner inconsistent with Simco's recommended use of the Product;
• use of the Product in an environment that does not comply with any relevant specifications provided by Simco or set out in the user manual for the Product;
• a fault in a specification or design provided by a Customer to Simco or a Dealer; or
• blockage of a pilot assembly or burner jet with food stuffs, oils, chemicals, or debris;

• any physical damage to a Product that is present when, or occurs in the 24 hours after, the Customer takes possession or accepts delivery of the Product.

• All warranties given by Simco in these Terms and Conditions will become void in relation to a Product if:
  • the serial number of the Product is tampered with or removed;
  • the Product is repaired, serviced, or modified by any person other than Simco or its Service Agent;
  • the Product is a gas appliance and the Customer:
    • fails to obtain a gas compliance certificate when required; or
    • fails to install the Product in accordance with the requirements of AS/NZS 1 or any other applicable law, regulation, or standard; or
  • the Product is taken out of Australia after it is
• Except to the extent prohibited by law or as is otherwise expressly set out in these Terms and Conditions, Simco excludes all liability under, arising from, or in respect of, any:
  • warranties;
  • guarantees;
  • conditions; or
  • non-fraudulent representations

concerning a Product, including any implied by law and any which relate to the availability, performance, quality, or fitness for purpose of a Product.

• Any liability of Simco under, arising from, or in respect of, any warranty, guarantee, condition, or non-fraudulent representation concerning a Product that cannot be lawfully excluded will be:
  • limited (if permitted by law) at Simco's option to repair of the Product, replacement of the Product, or the supply of an equivalent Product; and
  • reduced (if permitted by law) to the extent that any such liability is caused or contributed to, directly or indirectly, by a Customer's negligent acts or
• Except to the extent prohibited by law, Simco excludes all liability to Customers for any:
  • consequential losses, including loss of profits or damage to goodwill;
  • economic or other similar losses;
  • special damages or indirect losses;
  • business interruption, loss of business, contracts or opportunity;
  • damage, loss, Liability, Claims, costs or expenses caused or contributed to by a Customer's continued use of a Product after a defect in the Product has become apparent, is suspected by the Customer, or should reasonably have become apparent to the Customer; or
  • damage, loss, Liability, Claims, costs or expenses suffered by a Customer as a result of a breakdown or failure of a Product, except where the breakdown or failure is caused by Simco's negligence.
• Each Customer acknowledges that they have not relied on any representation or warranty made by Simco which has not been stated expressly in these Terms and

 

 

8. AUSTRALIAN CONSUMER LAW

• This clause 8 applies when a Customer has acquired a Product as a consumer within the meaning of section 3 of the Australian Consumer Law.
• In accordance with regulation 90(1)(c)(i) of the Competition and Consumer Regulations 2010 (Cth), Simco makes the following acknowledgment to each

¡°Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and 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.¡±

• The benefits given to each Customer by the warranties in these Terms and Conditions are in addition to other rights and remedies of the Customer under a law in relation to a
• This clause 8 does not add to a Customer's rights under the Australian Consumer Law and each Customer acknowledges that some of those rights are only exercisable against a Dealer as the supplier of a Product and not Simco.

 

9. GENERAL

No Assignment

• A Customer may not assign, mortgage, charge, grant a Security Interest or otherwise transfer any or all of its rights or obligations under these Terms and Conditions to any other
• Simco shall be entitled to novate, assign or sub-contract its interest in and obligations under these Terms and Conditions or any part of them to any third party upon written Notice to a Simco shall have no further obligations to the Customer in respect of any matter relating to such novation or assignment on and from the date of the Notice provided to the Customer pursuant to this clause 9.2.

Variation

• Simco may vary these Terms and Conditions from time to
• It is each Customer's responsibility to access Simco's Website to view these Terms and
• If a Customer wishes to reject any variation made by Simco to these Terms and Conditions, the Customer must give Notice of that rejection to Simco within

20 days after publication of the varied Terms and Conditions on Simco's Website.

• If Simco varies these Terms and Conditions and a Customer does not give Notice to Simco under clause 9.5, the Customer will be deemed to have accepted the variation, which will take effect at the end of the period of 20 days after publication of the varied Terms and Conditions on Simco's Wesbite.

Notices

• A Notice given under these Terms and Conditions has no legal effect unless it is in writing and:
  • delivered;
  • sent by prepaid post; or
  • emailed

to any address or email address provided by the Customer to Simco or its Service Agent or to Simco's Head Office, as applicable.

• A Notice is deemed given and received:
  • if delivered or emailed, upon delivery; or
  • if mailed, on the expiration of 3 Business Days (at the address to which it is mailed) after
• A Notice by a person may be given by any officer or agent of that

Waiver

• No waiver or indulgence by Simco or a Customer is binding unless it is in No waiver of any breach of a provision of these Terms and Conditions will operate as a waiver of any other breach of the same or any other provision of these Terms and Conditions.

Severability

• Any provision of these Terms and Conditions which is illegal, void or unenforceable is only ineffective to the extent of that illegality, voidness or unenforceability, without invalidating the remaining

Entire Agreement

• These Terms and Conditions represent the entire agreement between Simco and each Customer in relation to their subject matter and all prior or contemporaneous representations, statements, or agreements (if any) made by Simco or a Customer are superseded by these Terms and

Governing Law

• These Terms and Conditions are governed by the laws of Western
• Simco and each Customer irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of Western Australia with respect to any legal action or proceedings which may be brought at any time relating or connected in any way to these Terms and
• Clauses 9.13 and 9.14 apply regardless of the state or territory in Australia in which a Customer purchases a

 

10. DEFINITIONS

Business Day means a day that is not a Saturday, Sunday, or public holiday.

Claim means any claim, demand, action, suit or proceeding of any kind.

Consumable Parts includes knobs, thermocouple, piezo leads, igniters, ignition boxes, fuses, pilot burners, and burner jets.

Consumable Parts Warranty Period means 1 year from the date on which the Customer purchased the Product.

Courts of Western Australia includes the Western Australian registries of Commonwealth courts.

Customer means a purchaser of a Product from a Distributor.

Distributor means a person authorised by Simco to sell Products by retail.

Inspection Fee means the fee, determined by Simco or its Service Agent, payable by the Customer for an inspection of a Product to determine whether a Warranty Claim is valid.

Liability means any direct or consequential liabilities, claims, losses, fees, costs, charges, damages, injuries or expenses of any nature.

Notice means any notice given in accordance with clause 9.7.

PPSA means the Personal Property Securities Act 2009 (Cth).

Product means a product supplied new by Simco to a Distributor or a Customer.

Product Warranty Period means 4 years from the date on which the Customer purchased the Product.

Security Interest

• in relation to any personal property (as defined in the PPSA and to which the PPSA applies), has the same meaning as in the PPSA; and
• in relation to any other property means any security for the payment of money or performance of obligations including a mortgage, charge, lien, pledge, trust or

Service Agent means a person authorised by Simco to inspect, repair, or maintain a Product.

Service Fee means the fee, determined by Simco or its Service Agent, payable by the Customer for repair of a Product otherwise than in accordance with clause 6.1.

Simco means Australian Catering Equipment Holdings Pty Ltd ACN 606 492 399 as trustee for the Australian Catering Equipment Holdings Unit Trust trading as Simco Catering Equipment.

Simco's Head Office means 3-9B Forge Street, Blacktown, NSW 2148.

Simco's Website means a website hosted by or on behalf of Simco, which is currently https://simcogroup.com.au

Terms and Conditions means the terms and conditions set out in this document.

Travel Fee means the fee, determined by Simco or its Service Agent, payable by the Customer for Simco or its Service Agent to travel to the Product to provide on-site repair under clause 6.8(d).

Warranty Claim means a claim that a defect has appeared to which a warranty given by Simco in these Terms and Conditions applies.

 

11. INTERPRETATION

In these Terms and Conditions, unless the context otherwise requires:

• headings are for convenience only and are not to be taken into account in interpreting the provisions;
• the singular includes the plural and vice versa and a reference to any gender or the neuter includes every other gender and the neuter;
• ¡°including¡± and similar expressions are not words of limitation;
• if a word or phrase is defined, other grammatical forms of that word or phrase have a corresponding meaning;
• unless otherwise specified, references to clauses are references to clauses in these Terms and Conditions;
• reference to a statute, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
• reference to a person includes a firm, a body corporate, an unincorporated association, an authority, and the employees, agents,legal representatives, successors and assigns of that person;
• a reference to currency, money or $is a reference to Australian currency;

a reference to these Terms and Conditions or another instrument includes