Refund and Exchange Policy – Bayview Technologies

Bayview Technologies Refund and Exchange Policy

The below contains information for consumers on consumer rights that is provided as a guide only. If you are unsure of your rights please refer to relevant government agencies and seek appropriate legal advice.

Warranties and Returns Process

All products sold by Bayview Technologies Pty Ltd ABN 35 096 901 049 (BVT) are covered by the manufacturers’ warranty as well as the rights of our customers under Australian consumer law. It is your responsibility to ensure that the product purchased is compatible and suitable for their particular purpose. You should also ensure that you have reviewed the length and terms of the manufacturer warranty, particularly where it exceeds the protections offered under consumer law. Please always consult with BVT 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.

As soon as you receive your order, please ensure it is complete and all items are as ordered and undamaged. You must notify us and make any claim for shortages, errors or damages within 48 hours of receipt.

If your package arrives damaged, advise the delivery person and if necessary, please contact the carrier directly so they can inspect the package and determine the best course of action – this may include their insurance processes if the damage occurred in transit.

If you have any concern or are considering return of an item, 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 BVT without prior authorisation and confirmation as follows:

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

If goods are faulty:

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

Other returns:

As provided for in the relevant consumer laws, you do not have a right to return a product if you:

We recommend you confirm the suitability of a product with BVT prior to purchase. Goods may be accepted at the discretion of BVT if incorrectly purchased, subject to terms and approval. As set out above, 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 BVT. 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 intended as legal advice to you in your situation. Laws are subject to change and you are advised to seek your own legal advice. Consumer laws are complex and it is not the intention of this page to provide comprehensive coverage of all rights and responsibilities; nor are these comments legally binding on either you or on BVT.

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, BVT (Bayview Technologies Pty Ltd ABN 35 096 901 049) is bound by all Victorian state and Australian federal laws including, but not limited to:

At the bottom of this page you will find links to: https://bayviewtech.com.au/terms-of-sale/ and our https://bayviewtech.com.au/privacy-disclaimer/ . None of these exceed the rights and protections you have under consumer law, so if you have any concerns, please refer to https://consumer.gov.au/, or contact https://www.consumer.vic.gov.au/ .

These are CONSUMER guarantees that apply automatically:

Under the Australian Consumer Law (ACL), products under AU$40,000 bought from BVT 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, BVT Pty Ltd will be required to provide a ‘remedy’, such as:

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:

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 https://www.legislation.gov.au/C2004A00109/2011-01-01/text ]  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 there is a major problem with a product, the consumer can:

Minor problems with products

A minor problem can be fixed within a reasonable time.

Consumers must give BVT the chance to fix the problem. BVT chooses whether to:

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

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

Products Supplied to Consumers

Products supplied to consumers are covered by guarantees that the:

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:

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 you asked for, BVT may need to examine them in order to figure out what the problem is and what should be done.

It is the responsibility of BVT to return products to the manufacturer for repair. This includes products that are under warranty.

If BVT 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:

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 BVT 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 BVT. 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 BVT.

When products with a major fault are too large, too heavy or too difficult to remove, because of the very nature of the fault, BVT 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.

BVT 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:

They will still be covered by Manufacturer and Express Warranties.

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

Warranties against defects or a ‘manufacturer’s warranty’

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

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

A warranty against defects must be in writing and:

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, BVT 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.

BVT WILL NOT: