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1. This document sets out the Terms and Conditions of The Good Guys Business Service Plan and clarifies the rights and benefits it provides in addition to your rights under the Australian Consumer Law (ACL).

  1. 1.1 The Good Guys Business Service Plan - What’s included?

This Business Service Plan provides the peace of mind, certainty and convenience of having the whole repair process managed for you in respect of Mechanical or Electrical Failures detailed in your Business Service Plan. In addition, this Business Service Plan includes the following benefits:

  • if the Product breaks down as a result of a Mechanical or Electrical Failure covered by this Business Care Plan, we will fix or replace the Product without you having to make an assessment of your rights under the ACL or making a claim on the supplier or the manufacturer;
  • in-home repairs for Larger Items in most cases (if repairs are required to be made at the repairer’s premises, we will cover the courier costs);
  • a dedicated Business Service Plan Line;
  • all repairs are carried out by approved repairers;
  1. 1.2 Your rights under the Australian Consumer Law

The following is a summary of your rights under the Australian Consumer Law. For further information please consult the ACCC website at: www.accc.gov.au

Australian Consumer Law

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.

Under the Australian Consumer Law, these rights apply regardless of your participation in this Business Service Program, commence from the date you purchase the Product and extend for a ‘reasonable period’. What is a “reasonable period” will depend on all of the relevant circumstances set out in the Australian Consumer Law, including the price of the Product, how it is used and its nature.

In addition, you may also be entitled to have the Product repaired or replaced under the terms of a voluntary Manufacturer’s Warranty. Information on the Manufacturer’s Warranty is contained in the relevant Product packaging or available from store staff.

The benefits under your Business Service Program are in addition to all your rights and remedies under the Australian Consumer Law, any other law that applies to the goods or services that you purchase from us, and any Manufacturer’s Warranty relating to your Product.

The Business Service Program does not change or remove any rights that the Australian Consumer Law or a Manufacturer’s Warranty may give you, but seeks to give you further benefits, certainty of outcome and to extend or strengthen what you may otherwise have. You are only paying for the rights and benefits that are additional to the rights you have under the Australian Consumer Law.

2. Definitions:

Business Service Plan Line means a call centre service operated by us which is accessible by dialling 1300 928 435

DGI means Domestic & General Insurance PLC;

Business Service Plan (also referred to as The Good Guys Business Service Plan) means the Business Service Plan applicable to the Product detailed in these Business Service Plan Terms and Conditions.

Business Service Plan Terms and Conditions means these terms and conditions governing The Good Guys Business Service Plan.

Larger Items means televisions over 32'' in screen size and laundry, refrigeration and cooking appliances (including integrated microwaves).

Manufacturer’s Warranty means the voluntary warranty for parts and/or labour provided by the manufacturer of the Product.

Mechanical or Electrical Failure means a sudden and unforeseen breakdown of the Product arising from a mechanical or electrical fault including any failure arising from wear and tear (excluding a gradual reduction of the operating performance of the Product), but not including those listed in the “What’s excluded” section of these terms and conditions.

Original Purchase Price means the amount paid by you to The Good Guys to purchase the product, as recorded on the original purchase receipt and/or tax invoice for your product.

Product means any electrical or battery operated appliance that you purchase from The Good Guys as described in the original purchase receipt and/or tax invoice for the product.

The Good Guys means the owner of The Good Guys store from which the Product was purchased and any additional party referred to on your original purchase receipt and/or tax invoice.

we, us, our refers to The Good Guys or any authorised agent of The Good Guys whose name appears on the receipt and/or tax invoice for your Product and your Business Service Plan.

you, your means the person or persons named as the purchaser on the original purchase receipt and/or tax invoice for your Product and your Business Service Plan.

3. Eligibility for the Business Service Plan

This Business Service Plan is only available if the Product:

(a) Is purchased new (subject to rights of transfer referred to in section 17 under the heading “Transfer”);

(b) Is manufactured for use in Australia;

(c) At the time you originally purchase it, includes a Manufacturer’s Warranty valid in Australia; and

(d) Is a domestic product, such as a piece of electrical equipment or major appliance, designed, and used by your business.

4. Period of Business Service Plan

This Business Service Plan is valid for the period detailed on your purchase receipt and commences from day one of your purchase, unless you cancel this Business Service Plan at some earlier point in time.

The Good Guys agree to offer Business Service Plans for 3 years to a maximum of 5 years total coverage from the date of purchase of the product.

5. What’s excluded? This Business Service Plan does not cover:

(a) A fault brought to your attention before you purchased the Product; or

(b) Faults caused by:

(i) Negligence, accidental or deliberate misuse or unauthorized alterations;

(ii) Failure to follow the manufacturer’s instructions for usage, installation, operation or maintenance;

(iii) External sources, including electrical interference, power surges and voltage fluctuations;

(iv) Infestations of vermin, pests or insects;

(v) Acts of God or man-made catastrophes; or

(vi) Water damage, rust or corrosion.

(c) Repairs to:

(i) Cosmetic items, such as paint or finishing, which do not affect the operation of the Product;

(ii)] Accessories used in or with the Product unless those accessories are covered under a separate Business Service Plan;

(iii) Cartridges, styli, tapes, software, or add-on options incorporated in the Product;

(d) Cost of replacement of any item or accessory, either external or internal that is intended to be replaceable, including shelves, fuses, batteries, light bulbs, fluorescent tubes and related starters, filters, attachments, cables, plugs, light covers or rain covers;

(e) Loss, damage or costs incurred as a result of:

(i) Damage to or loss of software, data or removable data medium caused by the Mechanical or Electrical Failure of the Product;

(ii) Damage from batteries or other consumables, internal or external to the Product;

(iii) Using the Product for purposes other than those described in section 3 under the heading “Eligibility for the Business Service Plan”;

(iv) Not being able to use the Product following Mechanical or Electrical Failure of the Product, except as specified under section 8, under the heading of “Courier Costs”;

(v) Transportation, installation or removal of the Product, or any replacement product supplied by us;

(f) Loss, damage or costs incurred where no Mechanical or Electrical Failure is identified;

(g) Normal maintenance costs, cleaning, lubrication or external adjustments;

(h) The Product if it is recalled by the manufacturer, importer or a government agency;

(i) Any claim against you by any third party including for personal injury or damage to property;

(j) Any claim by you for personal injury or damage to property, other than as expressly provided for in this Business Service Plan;

(k) If the Product is a television:

(i) Stands or wall brackets unless specifically covered by a separate Business Service Plan; or

(ii) Damage to screens, stands or wall brackets that is caused by faulty or incorrectly installed stands or wall brackets.

(iii) Screen defects resulting from ‘after image’ or ‘burn in’ ;

(iv) Faults where the Product is operating within the normal range of the manufacturer’s performance specifications, for instance specifications in relation to abnormal pixel operation, standard brightness reduction or fan noise.

6. Repair and Replacement Terms

In the event of a Mechanical or Electrical Failure of the Product, at our sole discretion, we will:

(a) Arrange for our approved repairer to repair the Product; or

(b) If we decide the Product is unable to be repaired or uneconomical to do so, replace the Product with a product of the same or similar make and technical specification, up to the original purchase price.

We will repair or replace the Product or relevant parts with the same or equivalent product or parts. We may replace the Product with a refurbished product of the same type rather than repairing it, Refurbished parts may be used to repair the Product.

Where we have elected to replace a product, and a product with equivalent specifications is unavailable, we will pay to you up to the value of the original product purchased with a The Good Guys gift card. No replacement product, gift card or cash settlement will exceed the Original Purchase Price of your Product.

Where we have replaced the Product, your Business Service Plan expires, and the faulty Product or parts replaced become our property. You may dispose of the Product if we agree and it is in your possession.

7. ‘No Lemon’ guarantee

If the same part in a Product requires repairing more than two (2) times as a result of Mechanical or Electrical Failure, the Product will be replaced on the third visit at your request, notwithstanding section 6 under the heading “Repair and Replacement Terms”.

8. Courier Costs

If your Product covered by this Business Service Plan requires repair and we request the Product to be sent to our repairer, we will pay for the cost to courier or freight the Product from your place of business to our approved repairer, and from our approved repairer back to your place of business.

9. On site repair for Larger Items

For Products which are Larger Items, we will arrange for repairs to be undertaken in your place of business if those repairs can be carried out effectively and safely (to be determined at our discretion). If repairs are required to be undertaken at an approved repairer’s premises, the cost to transport the Product to those premises are at our cost.

10. Repair costs

In most cases, we will repair the Product using one of our approved repairers. They will invoice us directly. However, in rare circumstances we may not have an appropriate approved repairer, and may at our discretion, agree that you nominate a repairer and pay the repairer yourself. We will reimburse you as soon as practicable after receiving a valid tax invoice.

11. Back up of data

Please be aware that where the Product is capable of retaining user-generated data, this may be lost during a repair process. We therefore recommend that you back up your data prior to any repair. Data may be stored in files and folders on such products as computers or tablets.

12. False or exaggerated claims

We may refuse to action a claim under your Business Service Plan, or reduce the benefits available to you in respect of the claim, if, in our reasonable opinion, you make any misrepresentation or commit any fraudulent or dishonest act or omission in connection with the claim.

13. This Business Service Plan is not a performance guarantee or insurance

This Business Service Plan is not a guarantee of performance or an insurance policy nor is the Good Guys an insurer. It is a Business Service Plan subject to these terms and conditions as agreed between you and us.

14. How to make Business Service Plan claims

Please call our Business Service Plan Line on 1300 928 435:

(a) to make an Business Service Plan claim; or

(b) if you have any questions about your Business Service Plan.

15. Cancellation of this Business Service Plan

You may cancel your Business Service Plan within 14 days after purchase by returning in person to one of The Good Guys store.

We have the right to cancel your Business Service Plan if you commit a material breach of these Business Service Plan Terms and Conditions, you have given any false information to us when submitting a claim or otherwise or for any other reason allowable by law. We will provide you with reasonable notice of the cancellation.

16. Privacy

The Good Guys have engaged Domestic & General Services Pty Ltd as its agent to perform and manage its obligations under this Business Service Plan and for this purpose you consent to The Good Guys providing Domestic & General Services Pty Ltd with your contact details and information about the Product.

You consent to all of the uses and disclosures of your contact details and information described in The Good Guys Privacy Policy which can be accessed at www.thegoodguys.com.au.

The Good Guys may use and disclose information about you to its insurers (including DGI), its claims managers, its repairers and its other suppliers (including to any person situated outside Australia) for the purpose of:

(a) Processing claims in relation to your Business Service Plan;

(b) Repairing or replacing the Product under your Business Service Plan; and

(c) Offering products and services (including renewals) and other marketing material related to this Business Service Plan to your business.

You consent to these parties contacting your business, including sending emails, mail or making contact by telephone including receiving text messages, for the purposes set out above. You confirm you have the necessary authority to provide the information and to give these consents.

17. Law and Jurisdiction

This Business Service Plan is subject to the laws of the State or Territory in Australia where it was issued.