October 19, 2017

Refund and Exchange Policy – www.broadcastbruce.com

Broadcast Bruce Refund and Exchange Policy

The below contains information for consumers on consumer rights that is provided as a guide only. Please defer to relevant government agencies and seek appropriate legal advice.

Warranties and Returns Process

All products sold by Broadcast Bruce Pty Ltd are covered by the manufacturers’ warranty as well as the rights of our customers under Australian consumer law. It is the customer’s responsibility to ensure that the product purchased is compatible and suitable for their particular purpose. Customers should also ensure that they have reviewed the length and terms of the manufacturer warranty, particularly where it exceeds the protections offered under consumer law. Please always consult with Broadcast Bruce staff prior to purchase if any specification, system requirement or product feature is unclear; or you require any additional information to ensure the product is suitable and compatible with your equipment and environment.

On receipt of your order, please ensure order is complete and all items are as ordered and undamaged. Any claims for shortages, errors or damages must be advised to Broadcast Bruce within 48 hours of receipt.

If the package arrives damaged, advise the delivery person and/or please contact the carrier directly so they can inspect the package and determine the best course of action – this may include insurance processes.

Please try to keep all the boxes, packaging, manuals,accessories and do not register the product or fill out warranty cards until you are certain the product is suitable and that it is functioning correctly.

Goods MUST NOT be returned to Broadcast Bruce without prior authorisation and confirmation as follows:

  • Broadcast Bruce must be notified by phone (03) 9005 8090 or by email bruce@broadcastbruce.com;
  • Following assessment and approval of your request, a Return Authorisation (RA) will be provided;
  • The goods MUST be returned to the Broadcast Bruce location on the RA;
  • The goods MUST be accompanied by a copy of the RA and the RA number SHOULD be clearly stated on the outside of the package for faster processing.
  • The goods SHOULD be complete with all accessories, manuals and packaging where possible. Should this not be possible, restocking fees may be applicable.
  • The goods MUST be adequately packed by the customer and Broadcast Bruce takes no responsibility for goods damaged in transit due to poor packaging.
  • If the goods have been damaged through misuse, tampered with or modified in any way that voids the manufacturer warranty, they CANNOT be returned unless otherwise agreed by Broadcast Bruce.

All responsibility for the return of goods is with the customer and Broadcast Bruce highly recommends a track-able and insurable delivery services is used.

If goods are faulty:

On receipt of goods, we will confirm the fault and repair or replace your goods based on the terms and conditions of the manufacturer’s warranty. Broadcast Bruce will endeavour to make this turn-around time as short as possible, but advises that delays may occur where manufacturer repair facilities are located internationally. The customer will bear the cost of reshipping return goods after repair or replacement if the goods are NOT found to be covered by warranty or consumer law. If goods are returned as faulty, and no fault is found, a 25% re-stocking fee may apply.

Other returns:

As per consumer law, customers do not have a right to return a product if they:

  • changed their mind and no longer want the product
  • ordered the wrong product
  • found the product cheaper elsewhere
  • found a better product elsewhere
  • were aware of the relevant fault before buying the product – for example, if the fault was written on the product’s tag, or for online purchases, indicated in any photos or descriptions of the item online
  • damaged the product by misusing it – for example, if they dropped a mobile phone in the water
  • used the product for a long time and the problem is as a result of usual wear and tear.

We recommend you confirm the suitability of a product with Broadcast Bruce prior to purchase. Goods may be accepted at the discretion of Broadcast Bruce if incorrectly purchased, subject to terms and approval. A restocking fee of 25% may be charged. Credit for refunds will be provided on return and final assessment of goods only.

Invoices may be required as proof of purchase if the goods cannot be identified, or the order verified, by Broadcast Bruce. It is recommended that the customer retain invoices for the duration of the manufacturer warranty period.

Some general information on consumer protections in Australia

This is not to be taken as legal advice. Laws are subject to change and customers are advised to seek their own legal advice. Consumer law and trade practices laws are complex and it is not the purpose of this document to provide comprehensive coverage of all rights and responsibilities; nor is it legally binding.

In simple terms:

No Australian business may specify a policy that is not compliant with federal and state consumer protection and fair trade laws. Your rights as a consumer are protected regardless of the policies defined in a business web site or physical store. As a company registered in Victoria, Australia selling products and services, Broadcast Bruce Pty Ltd (www.broadcastbruce.com – ABN: 54619699526) is bound by all Victorian state and Australian federal laws including, but not limited to: 

  • The Australian Consumer Law (ACL)
  • The Fair Trading Act 1999
  • The Spam Act 2003
  • The Privacy Act 1988
  • The Electronic Transactions Act 1999 and The (Victorian) Electronic Transactions Act 2000

At the bottom of this page you will find links to: Website Terms of Sale , Website Terms of Use and our Website Privacy Policy. None of these exceed the rights and protections you have under consumer law, so if you have any concerns, please refer to The Australian Consumer Law (ACL) website, or contact Consumer Affairs Victoria

These are CONSUMER guarantees that apply automatically:

  • For all PRODUCTS sold in Australia by an Australian Business:
    • Acceptable quality
    • Products will match description or sample
    • Products will be fit for purpose
    • Title, possession and security
    • Repairs and spare parts
  • For all SERVICES provided in Australia by an Australian Business:
    • Due care and skill
    • Services will be fit for purpose
    • Reasonable time

Under the Australian Consumer Law (ACL), products under AU$40,000 bought from Broadcast Bruce Pty Ltd are automatically covered by consumer guarantees regardless of any other warranty. Products over this value are still covered by Manufacturer Warranties defined by the manufacturer and available on request.

If a consumer identifies problems with a product that mean it does not meet a consumer guarantee, Broadcast Bruce Pty Ltd will be required to provide a ‘remedy’, such as:

  • a refund
  • repairs
  • a replacement
  • compensation.

The type of remedy a consumer is entitled to depends on the nature of the problem (also known as a failure) and whether the problem is major or minor.

Definition of a consumer

A person or a business is considered a consumer if they buy:

  • Products or services that cost up to $40,000, or any other amount set by the Australian Consumer Law in future; OR
  • Products or services that cost more than $40,000 and are of a kind normally acquired for personal, domestic or household use.

However, the consumer guarantees will not apply if a business buys goods to resell or transform into a product to sell.

In the case that the person or business is NOT considered a consumer, ‘Manufacturer Warranty’ entitlements will still apply, as will entitlements under the Competition and Consumer Act 2010 applicable to trade practices.

 

Major problems with products

If there is a major problem with a product, the consumer is entitled to return it and seek a remedy. A major problem could be defined as, but not limited to:

  • If a reasonable consumer had known about the problem, they would never have bought the product
  • The product is significantly different from a sample, description or demonstration model.
  • The product cannot do what the consumer told the salesperson they needed it to do, or what it is normally supposed to do, and this problem cannot be fixed quickly or easily.
  • The product is unsafe.

If there is a major problem with a product, the consumer can:

  • Reject it and choose a refund or replacement, or
  • Keep it and Broadcast Bruce will compensate the consumer for any drop in value.

Minor problems with products

A minor problem can be fixed within a reasonable time.

Consumers must give Broadcast Bruce Pty Ltd the chance to fix the problem. Broadcast Bruce Pty Ltd chooses whether to:

  • Provide a replacement that is identical, or of similar value
  • Repair the product within a reasonable time, or
  • Give a refund.

The consumer’s rights to a remedy apply to the replacement product in the same way as the original product.

However, if Broadcast Bruce Pty Ltd is asked to fix the problem but fails to act, or does not act within a reasonable time, then the consumer can:

  • Reject the product for a refund or replacement, or
  • Get the product fixed somewhere else and claim reasonable costs from Broadcast Bruce Pty Ltd.

Products Supplied to Consumers

Products supplied to consumers are covered by guarantees that the:

  • supplier, Broadcast Bruce Pty Ltd, has the right to sell the products (clear title)
  • consumer has the right to undisturbed possession of the goods; that is, no-one can take them or prevent the consumer from using them unless they have a legal right to do so.
  • products are free from any undisclosed security, charge or encumbrance.

Products are supplied to consumers when they are sold, exchanged, re-supplied, let, hired or hire-purchased to consumers.

The automatic consumer guarantees apply to:

  • new and second-hand products
  • sale items
  • products bought from an online business trading in Australia.

Products supplied in trade or commerce

Products are supplied in trade or commerce when they are sold, exchanged, leased, hired or hire-purchased as part of a trading or commercial relationship or a business or professional activity, including non-profit. Products bought from one-off sales by private sellers, such as those sold at garage sales and fêtes, may not be viewed as being ‘in trade or commerce’.

Products (including second hand products) supplied in trade or commerce to consumers are covered by the consumer guarantees and the supplier or manufacturer must also comply with any express warranties (extra promises they give about the product).

Repairs

Sometimes, when products do not work, do not do what they should, or are not what the consumer asked for, Broadcast Bruce Pty Ltd may need to examine them in order to figure out what the problem is and what should be done.

It is the responsibility of Broadcast Bruce Pty Ltd to return products to the manufacturer for repair. This includes products that are under warranty.

If Broadcast Bruce Pty Ltd cannot arrange repairs (for example, because the manufacturer does not have the necessary parts) or cannot do so within a reasonable time, the consumer can:

  • get someone else to repair the product and ask Broadcast Bruce Pty Ltd to pay reasonable costs
  • ask for a refund or replacement.

Returning products for repair

Products do not need to be in their original packaging to be returned. Consumers, however, need to ensure the products are adequately protected for posting or collection. If the consumer is not able to take the products to Broadcast Bruce Pty Ltd in person, the consumer will have to return them by post or another delivery service.

Consumers should cover the initial cost of returning faulty products to Broadcast Bruce Pty Ltd. Consumers should keep the receipts for those costs because if the returned products are later confirmed to have a fault – whether major or minor – they can recover reasonable postage or transportation costs from Broadcast Bruce Pty Ltd.

When products with a major fault are too large, too heavy or too difficult to remove, because of the very nature of the fault, Broadcast Bruce Pty Ltd becomes responsible for the initial cost of returning the products. For example, if the fault has made the product too dangerous or fragile to deal with without expensive expert assistance.

Broadcast Bruce Pty Ltd will pay the necessary shipping costs, or otherwise collect the products, within a reasonable time of being notified that the consumer has rejected the products.

Products that are not covered

Products not covered under consumer guarantees include those:

  • costing more than $40,000 and not of a kind ordinarily acquired for personal, domestic or household use or consumption
  • acquired by a person for the purpose of on-selling or re-supplying
  • acquired to be used, in trade or commerce, in the manufacture or production or repair of something else.

They will still be covered by Manufacturer and Express Warranties.

Consumers do not have a right to return a product if they:

  • changed their mind and no longer want the product
  • ordered the wrong product
  • found the product cheaper elsewhere
  • found a better product elsewhere
  • were aware of the relevant fault before buying the product – for example, if the fault was written on the product’s tag, or for online purchases, indicated in any photos or descriptions of the item online
  • damaged the product by misusing it – for example, if they dropped a mobile phone in the water
  • used the product for a long time and the problem is as a result of usual wear and tear.

Warranties against defects or a ‘manufacturer’s warranty’

Suppliers or manufacturers may provide a warranty that promises consumers that:

  • goods or services will be free from defects for a certain period of time
  • defects will entitle the consumer to repair, replacement, refund or other compensation.

This is called a ‘warranty against defects’, or a ‘manufacturer’s warranty’.

A warranty against defects must be in writing and:

  • be expressed in a transparent way – in plain language, legible and presented clearly
  • contain the warrantor’s name, business address, phone number and email address (if any)
  • set out relevant claim periods or procedures, and
  • include a statement that rights under the warranty sit alongside the ACL consumer guarantees, which cannot be excluded.

Express warranties

Suppliers and manufacturers often make extra promises (sometimes called ‘express warranties’) about such things as the quality, state, condition, performance or characteristics of goods.

An express warranty is not necessarily about the product breaking; it is about it living up to promises.

Extended warranties

Before agreeing to pay for an extended warranty, consumers should check that it provides benefits greater than they already have under the ACL.

Some suppliers or manufacturers offer extended warranties, which generally offer a longer period of coverage than the manufacturer’s warranty. Usually, consumers are offered the chance to buy an extended warranty after, or at the time, they buy the products.

When selling an extended warranty, Broadcast Bruce Pty Ltd will make it very clear exactly what it offers the consumer, over and above the rights they already have under ACL consumer guarantees.

Some suppliers or manufacturers also tell the consumer an extended warranty provides extra protection, which the consumer would not have unless they buy it. This is not necessarily true. The consumer guarantees provide rights that exist despite anything the supplier or manufacturer may say or do. Extended warranties are optional.

Broadcast Bruce Pty Ltd WILL NOT:

  • pressure consumers to buy an extended warranty
  • tell a consumer that they must pay for any rights equivalent to a consumer guarantee.