ESP Express - Terms & Conditions

1. ESP Express will extend the warranty of the mobile phone (transceiver only) listed in this Application (‘Mobile Device’) for a total period of 30 months (inclusive of any Manufacturer’s Warranty) (‘Warranty Period’).
2. The 30-month warranty is offered under the same terms and conditions detailed in the manufacturer’s standard warranty documentation.
3. In the event the Mobile Device displays a manufacturer’s fault during the Warranty Period, ESP Express will provide an Express Replacement transceiver, of the same make and model (where available), as a replacement for the faulty phone. Alternatively, you can choose to have us repair your handset if you wish.
4. ESP Express will not replace a Mobile Device that has failed due to accidental physical damage, exposure to excessive temperatures, or any kind of moisture.
5. If your Mobile Device suffers from a major failure or cannot be repaired, ESP Express will replace it with a new handset of the same make and model (where available). Replacement handset colours may vary dependant on stock availability at the time.
6. In any other case, ESP Express reserves the right to provide either a new or fully refurbished Device as an Express Replacement. The Express Replacement handset colours may vary dependant on stock availability at the time.
7. Removal of the Mobile Device’s IMEI or serial number sticker, or moisture indicator, will void both the manufacturer’s warranty, and therefore this Policy.
8. ESP Express will transfer this Policy to any Express Replacement Devices from the date of the original Mobile Device purchase.
9. The Express Replacement transaction represents a legal transfer of the Device, and the original non-working product will not be returned and shall become the property of ESP Express.
10. Accessory items – including batteries, chargers or car kits – will not be warranted beyond the manufacturer’s nominated warranty period and will not be swapped as part of this Policy.
11. Where an Express Replacement handset is not available at store, ESP Express will endeavour to provide the Express Replacement device to the customer’s preferred point of delivery within 2 working days of the request being received by the store.
12. Your Retailer will endeavour to transfer any data (Contacts/Photos/PIM/Music) before an Express Replacement is made, however, in the event that the handset is inoperable at the point of swap, ESP Express nor the Retailer cannot accept liability for any loss of data.


CUSTOMER RESPONSIBILITIES

1. You will pay the full premium prior to any Express Replacement claim being made.
2. You agree to retain the Express Replacement Device instead of the original product and understand that the original non-working product will not be returned to you and shall become the property of ESP Express.
3. You will endeavour to back-up your ‘data’ regularly and/or save it to your removable memory card at regular intervals, so as to avoid unnecessary data loss, should an Express Replacement be required.
4. You will keep records of the original transaction and any subsequent Express Replacement transactions, as they may be required for warranty verification before any future replacement is made.
5. Where an Express Replacement is sent to a nominated address, you agree to return the faulty item within 7 days using the return satchel provided. Where the handset is not returned, you understand that ESP Express will seek to recover costs and/or suspend your service.
6. In the event that the phone is presented with signs of physical damage, exposure to excessive heat or cold or any kind of moisture, you may seek to have the Device repaired at your own cost, or under the fixed price nonwarranty service agreement.


WARRANTY EXCLUSIONS

This policy does not cover claims:
1. In any way arising from abuse, mishandling, accidental physical damage, exposure to excessive heat or cold, electrical current fluctuations or any kind of moisture.
2. For items specifically listed as an exclusion in the Manufacturer’s Warranty Conditions.
3. Relating to any defects that are subject to manufacturer’s recall or are covered under a manufacturer’s program of reimbursement.
4. Relating to or arising out of any defect in the equipment, which was known by the customer at the time of sale.
5. Arising from failure, due to excessive wear and tear.
6. Relating to or arising out of any third party software that is loaded onto the device.


UPGRADE DISCOUNT / BUY-BACK GUARANTEE

1. The product must be handed back to your Retailer in good working condition to receive the guaranteed trade-in value. Charger and battery must also be returned.
2. Offer only applicable if your handset and service is upgraded within 24 months of the date of this Policy.


IMPORTANT NOTE – YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW

Under the Australian Consumer Law you have certain rights, known as ‘consumer guarantees’. 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 for 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. ESP Express is designed to provide benefits over and above your consumer guarantees in most cases. However, in some cases, your rights under this ESP Express policy will overlap with the rights you already have under the Australian Consumer Law. You should consider this in deciding whether to purchase ESP Express. In particular:

1. If you have purchased your phone on a 24-month plan you will, in most cases, be entitled under the Australian Consumer Law, to have any manufacturer’s defect
repaired within that 24-month period. In other cases, the period of applicable statutory guarantees may depend on factors such as the nature of the phone and how much you paid. ESP Express gives you certainty you will be protected for 30 months.
2. If your phone is affected by a major failure, or cannot be repaired, you may be entitled under the Australian Consumer Law to a full refund or replacement. In other cases, you may be entitled under the Australian Consumer Law to have your handset repaired. Under ESP Express, you will be entitled to an Express Replacement within the Warranty Period, even in the case of minor defects. However, you may still exercise any of your rights under the Australian Consumer Law, including your right to a full refund where applicable.


OTHER MATTERS

ESP Express reserves the right to revise or withdraw this product at any time without prior notice.
The ESP logo are registered trademarks of Fone Zone Pty Ltd, ABN 22 061 796 414. © Fone Zone Pty Ltd, 2011.