Returns Policy

1. Variations, Cancellations and Returns
   

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   • 10.1 If the Client chooses to cancel an order after making an Online Purchase Order, the moneys paid will only be refunded at the discretion of Melbourne Refrigeration.
   • 10.2 If the Client has received a Good after making an Online Purchase Order and chooses to seek a refund of a delivered Good, the Client must provide electronic written notice of an intention to seek a refund of a delivered Good to Melbourne Refrigeration within seven days of receiving the delivered Good, and attach the Invoice provided by Melbourne Refrigeration to the Client.
   • 10.3 The monies paid will only be refunded at the discretion of Melbourne Refrigeration.
   • 10.4 If the Client seeks to refund a delivered Good in accordance with clause 10.2, the decision to refund a delivered Good is at the discretion of Melbourne Refrigeration.
   • 10.5 If Melbourne Refrigeration chooses to grant a refund of a delivered Good in accordance with clause 10.2 and clause 10.3, the monies paid will only be refunded conditionally upon the Client;
     • returning a Good to the allocated address as determined by Melbourne Refrigeration; and
     • be returned to Melbourne Refrigeration in the condition of the Good prior to the Goods delivery to the Client.
   • 10.6 If the Client chooses to return a delivered Custom Good in accordance with the return procedure as stated in clause 10.2 or cancel an order after making an Online Purchase Order of a Custom Good, the moneys paid will only be refunded at the discretion of Melbourne Refrigeration.
   • 10.7 If the Client chooses to return a delivered Good in accordance with clause 10.2 or clause 10.3 or clause 10.4, the Client is responsible for all associated costs of the return of a delivered Good to the allocated address as determined by Melbourne Refrigeration.
   • 10.8 Melbourne Refrigeration may change these Terms at any time without notice.
2. Exclusion of Warranties
   

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   • 12.1 This clause 12 only applies if the Australian Consumer Law does not apply to the Contract, for example if:
     • 12.1.1 the Goods are purchased for the purpose of resupply or for the purpose of being used up or transformed in trade or commerce;
     • 12.1.2 or the Goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption; or
     • 12.1.3 the Price is higher than $100,000.00.

     Nothing in these Terms is intended to have the effect of excluding or limiting any consumer guarantees given by Melbourne Refrigeration under the Australian Consumer Law.

   • 12.2 Subject to clause 12.1, except as provided in these Terms and any Warranty and to the extent permitted by law, and except where conditions and warranties as to the supply of goods are implied by any statute or rule of law, all implied conditions, guarantees and warranties (including guarantees or warranties as to merchantability and fitness for purpose) are expressed excluded.
   • 12.3 Subject to clause 12.1, Melbourne Refrigeration makes no representation or warranty in relation to any Second-Hand Goods all of which (to the extent permitted by law) are sold to the Client “as is”. The Client agrees to look solely to the Warranty (if any) of the manufacturer.
   • 12.4 Warranties in relation to Goods are void if the Goods are altered in any way by the Client.
3. Liability and Indemnity
   

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   • 13.1 Melbourne Refrigeration accepts no responsibility and the Client and the Client hereby indemnifies Melbourne Refrigeration and holds it forever harmless from and against any liability, loss, cost, expense or demand for or arising out of the Client’s negligence or from a breach or non-performance by the Client of these Terms, as a consequence of any claim against Melbourne Refrigeration, arising directly or indirectly as a result of the Client’s negligence or in connection with a breach or non-performance of any of the Client’s obligations under these Terms.
   • 13.2 This clause 13 only applies if and to the extent that the Australian Consumer Law does not apply to the Contract. Clause 12.1 describes Contracts to which the Australian Consumer Law does not apply. Nothing in these Terms is intended to have the effect of limiting Melbourne Refrigeration’s liability under the Australian Consumer Law.
   • 13.3 Melbourne Refrigeration accepts no responsibility and is not liable for any direct or indirect, special or consequential loss or damage or injury to any person, corporation or other entity in connection with a Contract or the Goods, howsoever caused.
   • 13.4 Melbourne Refrigeration accepts no responsibility and is not liable for any loss incurred in connection with the storage of any goods by Melbourne Refrigeration .
   • 13.5 Our Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, you are entitled:
     • to cancel your Service Contract with us; and
     • to a refund for the unused portion, or to compensation for its reduced value.

     You are also entitled to choose a refund or replacement for major failures with Goods. If a failure with the Goods or a Service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the Goods and to cancel the contract for the Service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Goods or Service.