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Fixed Price Repair terms and conditions
1. APPLICATION OF THESE CONDITIONS
a. These terms and conditions (“Terms”) apply to the provision of fixed price repair services (“Services” or “Fixed Price Repair”) by Electrolux Home Appliances Sdn Bhd, Co. No. 198801008304 (“Electrolux”, “us” or “we”).
b. Terms of use regarding the use of https://www.electrolux.com.my/ (“Site”) and privacy regulations (including Electrolux’s privacy policy) are accessible at https://www.electrolux.com.my/terms-conditions/ and https://www.electrolux.com.my/data-protection-policy/ respectively.
c. You accept and agree to be bound by these Terms by placing an order for Services:
i. on the Site under acceptance of these Terms by ticking the confirmation box as part of the check-out process (i.e., by clicking “place order”); or
ii. via a call to our Contact Centre.
d. Please read these Terms carefully and make sure that you understand them before ordering any Services.
e. We reserve the right to amend the Terms at any time without notice. Such change however will have no effect on orders for Services that were submitted prior to the date that such amended Terms are posted on the Site.
2. PRICES & PAYMENT
a. The prices of the Services will be as quoted on the Site or by our Contact Centre agent over the telephone from time to time (“Fixed Price”).
b. Where an engineer or technician is dispatched to come to you, you will be charged a fee of MYR 100 (“Call Out Fee” or “Inspection Fee”).
c. For the purposes of these Terms and the Fixed Price Repair, the Fixed Price, Call Out Fee(s) or Inspection Fee(s) and Additional Fees (as defined below) are collectively known as the service fee (“Service Fee”). The Service Fee may either:
i. be paid in advance to the provision of the Service (“Prepayment”); or
ii. be paid to the Electrolux staff (or contractor) performing the Service by cash on-site, telegraphic transfer or any other payment methods accepted by Electrolux (“COD Payment”).
d. The Service Fee is exclusive of all applicable taxes (including any sales and services tax) at the rate chargeable in Malaysia.
e. You must pay the Service Fee agreed by you via the Site, e-mail, through the Contact Centre or any other applicable form of confirmation. Failure to pay the Service Fee (or any parts of the Service Fee) in full shall constitute a fundamental and serious breach of these Terms by you and Electrolux reserves its rights to terminate its contractual relationship with you immediately.
3. CAN I CANCEL MY REPAIR?
a. If you contact us at least one (1) working day before the day of appointment for the Services, you will receive a full refund for any Prepayment relating to the Services.
b. If you contact us on the day itself before the engineer or technician visits you, you will receive a refund of the Fixed Price minus the Inspection Fee (if there is Prepayment). If there is no Prepayment of the Fixed Price via our Site, you will be liable to pay the Call Out Fee or Inspection Fee to us by COD Payment.
4. WHAT IS INCLUDED IN A FIXED PRICE REPAIR?
a. The scope of the Services rendered for the Fixed Price includes the following:
i. repair of the reported fault, at the time of booking, for a single domestic appliance; and
ii. the costs of necessary labour and parts, up to a maximum of a two (2) times multiple of the Fixed Price.
You shall be liable to pay Electrolux for any additional costs of labour and parts that exceed a two (2) times multiple of the Fixed Price by COD Payment (“Additional Fees”).
b. The following items are not covered by the scope of the Services (and Call Out Fee or Inspection Fee or Additional Fees, where applicable):
i. repairs following an insect or vermin infestation, unless an authorised pest control organisation certifies that the appliance is safe to repair;
ii. repairs during which the engineer or technician deems the appliance unsafe to repair, due to reasons including, but not limited to, fire, flooding or an electrical malfunction;
iii. repairs of any additional faults of the same appliance, which were not reported at the time of the initial booking;
iv. repairs or replacements of any damage caused to the relevant appliance’s surrounding area or other personal items such as items of clothing, dishware, or cutlery;
v. consumable items (including, but not limiting to, built-in batteries, bulbs, rubber gaskets & filters, etc.); and
vi. external cosmetic defects (e.g., colour, materials, finishing).
5. FIXED PRICE REPAIR WARRANTY
a. The Fixed Price Repair includes a warranty of three (3) months for original Electrolux spare-parts replaced by Electrolux personnel commencing on the date of completion of the Services indicated on the Electrolux’s Work Order, as countersigned by you (“Fixed Price Repair Warranty”). The customer and Electrolux shall each keep one (1) original copy of the Work Order. If no spare-parts were used to repair the appliance, the warranties in this Clause 5.a. shall not apply.
For the avoidance of doubt, if you have only paid for a Call Out Fee or Inspection Fee we will not provide a Fixed Price Repair service and the Fixed Price Repair Warranty shall not apply.
b. The three (3) month Fixed Price Repair Warranty is not extended following a subsequent repair to the same fault during the Fixed Price Repair Warranty period.
c. The Fixed Price Repair Warranty includes the cost of repairs and freight to transport appliances, components or accessories to the place of warranty, and freight to transport these items from the place of warranty to your place of residence.
d. Notwithstanding the above, all warranties shall immediately expire for appliances that have been worked on (or otherwise altered) by you or third-party service providers without the prior written authorisation of Electrolux.
e. The following are not covered by the Fixed Price Repair Warranty:
i. any subsequent faults to the repaired appliance caused by neglect, misuse, damage (deliberate or otherwise), or other third-party causes (including insect and vermin infestation);
ii. a recurrence of the same fault as a consequence of improper installation or not following the manufacturers guidelines in regard to the placement of the appliance;
iii. replacement of missing parts or appliances due to loss or theft;
iv. consumable items (including, but not limiting to, built-in batteries, bulbs, rubber gaskets & filters, etc.);
v. external cosmetic defects (e.g., colour, materials, finishing);
vi. cosmetic damage caused following the repair, where it does not affect the operation or safety of the appliance;
vii. damage or breakdown due to flood, wind or other severe weather conditions;
viii. repair of damage or breakdown due to fire, unless caused by an electrical malfunction within the appliance;
ix. repairs carried out on appliances used in a commercial setting;
x. any new fault arising during the Fixed Price Repair Warranty period that is not related to the initial fault reported or repaired; and
xi. any other normal wear and tear of appliances.
6. HOW DO I CLAIM UNDER MY WARRANTY?
a. To make a warranty claim, please call our customer services line at 1300 88 1122 (“Contact Centre”). All costs or service charges for the call (if any) shall be borne by you.
b. If we cannot solve your problem over the phone, we will send an engineer or technician out to you. A Call Out Fee or Inspection Fee will be payable if it relates to a fault not covered under the Fixed Price Repair Warranty (applying the costs mentioned in Clause 2. b.).
7. WHAT IF MY APPLIANCE CANNOT BE REPAIRED?
a. If your appliance cannot be repaired or is beyond reasonable economical repair (which will be decided by Electrolux), we will refund the Fixed Price (if there is a Prepayment) less the Call Out Fee or Inspection Fee. If there is no Prepayment of the Fixed Price via our Site, you will be liable to pay the Call Out Fee or Inspection Fee to Electrolux by COD Payment.
b. If your appliance has not been repaired during our first visit and we attempt to repair your appliance in no less than fourteen (14) days of our first visit, but you notified us before our subsequent visit that you decided not to continue with the repair, you shall be liable for the Call Out Fee(s) or Inspection Fee(s) in accordance with Clauses 2 and 3.
We will refund the Fixed Price less the Call Out Fee(s) or Inspection Fee(s). If you have not prepaid the Fixed Price via our Site, you will be liable to pay the Call Out Fee or Inspection Fee in accordance with Clauses 2 and 3 and direct costs (associated with the cancellation of the repair) by COD Payment.
c. Our Contact Centre agents may offer you the opportunity to purchase a new appliance by placing an order directly with our Contact Centre.
8. RIGHT TO REPAIR, REPLACEMENT OR REPEAT PERFORMANCE
a. While we will use reasonable endeavours to ensure that repairs are conducted with reasonable skill and care and in accordance with these Terms and any description of those Services we have provided to you in writing (“Contract”), there may be occasions where you feel the Service you have received falls below that standard.
b. If you are a consumer, you have a legal right to request that we re-perform any Services in order to ensure that they conform to terms of the Contract between us and you.
c. To request that we repeat performance of any Services, you can call our Contact Centre.
d. Upon the completion of the Services, we shall collect (and will not return to you) all Electrolux appliances, unused parts thereof, and other spare parts that are no longer used in the repaired appliance. You will neither claim nor make any claim to retain any such parts and agree to Electrolux’s collection and retention thereof.
e. If you commit a serious breach of your obligations under the Contract, we have the right to unilaterally terminate and suspend the performance of the Services giving you written notice thereof. Electrolux reserves the right to demand compensation for any loss and damage caused by you.
f. Electrolux reserves the right to refuse provision of repair services to any customer who has previously breached their duties under the Terms. In case of a breach of the Terms by a customer, Electrolux may (at its sole discretion) determine the occurrence and nature of such breach and reserves the right to discontinue its repair services for this customer (and notify the customer thereof).
9. OUR LIABILITY IF YOU ARE A CONSUMER
a. If you are a consumer and we fail to comply with these Terms, we are responsible to compensate you (only) for any direct and actual loss or damage you incur as a direct result of a breach of these Terms. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
b. We do not in any way exclude or limit our liability for:
i. death or personal injury caused by our negligence;
ii. fraud or fraudulent misrepresentation;
iii. any breach of the terms implied by law which cannot be excluded or restricted, including, but not limited to, your rights as a consumer; and
iv. defective products, and rights conferred to you relating to defective products under the Consumer Protection Act 1999 and the Sales of Goods Act 1957.
c. Except as stated in the Terms and to the extent permitted by law, we exclude all conditions, warranties or terms which might otherwise be implied by law.
d. Subject to Clause 9.b above, our total liability to you in respect of any loss arising out of or in connection with the Contract (howsoever arising) shall in no circumstances exceed 100% of the charges paid or payable for the Services.
