Arches Audiology Pty Ltd

This document describes the terms and conditions for goods and services (Agreement) provided by Arches Audiology Pty Ltd (Arches). None of these terms and conditions seek to preclude or restrict the client's statutory rights as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) and under similar provisions of the Fair Trading Act 1999 (Vic) (Australian Consumer Law).

1.       Consultation Fees

a.     All consultations require payment from the client prior to the consultation, unless the client is a current voucher holder under the Australian Government’s Hearing Services Program (HSP) or the consultation is provided for under any other fully subsidised governmental program for the provision of hearing aid services (HSP Client).  The client may need to pay the full or partial amount of the consultation fee upfront and claim a rebate from the relevant authority, for example, Medicare, National Disability Insurance Agency (NDIA), Transport Accident Commission (TAC) , Workcover or a private health insurer.

b.     Payment must be paid at the time of the consultation. An administration fee of $10.00 will be added should payment not be received on the same day as the consultation.

2.       Payment of Hearing Aids

a.     A deposit of $200 is required to order a hearing aid device (Device) except in relation to Free to Client Devices and Top-Up Devices referred to in clause 2b. A fitting appointment is arranged for 2 weeks after ordering the Device.  Full payment of the balance of the purchase price for the Device is required before the time of the Device fitting appointment.

b.     A HSP Client:

i.    is not required to pay a deposit for a "free to client" fully subsidised Device under the HSP (Free to Client Device); and
ii.    is required to pay a $100 deposit for a partially subsidised Device under the HSP (Top-Up Device) and the remaining balance for the Top-Up Device is due before the Top-Up Device fitting appointment.

c.     Payment methods include cash, EFTPOS, BPay, Mastercard/Visa and electronic fund transfers.

3.       Postage of hearing aids and devices

a.     Should a client require a postage service from Arches to their nominated address (for example, sending a repaired hearing aid to their home) a courier fee and/or postage and handling fee will be charged to the client.

b.     To the extent permitted by law, Arches cannot be held accountable for delays in courier and shipping or loss and damage while the device is with the courier or Australia Post.

4.       Hearing Aid Fitting Packages

a.     Arches offers three levels of hearing aid fitting packages to non-HSP Clients

i.    Starter - fitting appointment + unlimited follow ups for the first 12 months;

ii.    Care – fitting appointment + unlimited follow ups for the first 2 years; and

iii.    Premium. - fitting appointment + unlimited follow ups for the first 3 years.

b.     Prices for each package are updated from time to time and will be communicated to the client prior to purchase.

c.     One package must be selected by the client as Devices will not be sold without a fitting package. The client must choose a package at the time of the Device/s fitting. If the client does not designate a package the default 'Starter' package will be assigned.

5.       Refunds, returns and the 30-day guarantee trial

a.     A fixed fee no obligation hearing aid trial (Trial) for up to 30 days from the date of the client's purchase is available to all clients with a diagnostic audiological assessment dated within the last 2 years upon request.

b.    The fixed fee is $200 for non-HSP clients to cover the cost of administration, postage and handling and all audiology appointments during the trial period.

c.     During the Trial Period, if the client has any concerns about the Device, the client may return the Device, including the speakers, domes, batteries and wax filters to Arches for a full refund, a repair if necessary, or in exchange for a different hearing aid model (Exchange). The client must make an appointment to return or exchange the Device (at no cost to the client). Under an Exchange, the client must pay any difference in price between the Device to be returned and the new Device before or at the Exchange appointment. 

d.     Any return or Exchange under the Trial is subject to the Device being used during the Trial Period in a proper manner and solely for the purpose for which it was intended to be used.  If the Device is returned in a damaged state or not returned with all component parts, Arches reserves the right to refuse any return, refund or Exchange and may retain the full purchase price. 

e.     There will be no refunds for any Free to Client Device. HSP Clients are entitled to return their Top-Up Devices for a partial refund of the 'top up' fee or they can exchange their Top-Up Device for a different model under the terms of this Trial. An administration fee of $99 will be deducted from the refund of ‘top up’ fee paid by the HSP Client.

f.     If domes are unsuitable, custom earmould/s may be recommended for the client. Custom earmoulds may not be returned or Exchanged under the Trial.  

g.      The method of refund is at the sole discretion of Arches and may include the payment methods referred to in clause 2c.

h.     Any benefits given to the client under this Trial are in addition to the client's other rights and remedies under the Australian Consumer Law and these rights are not modified, restricted or excluded by the terms of the Trial.  Arches' goods come with guarantees that cannot be excluded under the Australian Consumer Law. The client is entitled to a replacement or refund for a major failure. The client is 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.

6.       Warranty and Maintenance Program

a.     All Devices have manufacturer's warranties in addition to warranties as prescribed and implied under Australian Consumer Law. All goods and services supplied by Arches come with guarantees that cannot be excluded under the Australian Consumer Law. Clients are entitled to a replacement or refund for a major failure. Clients 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.

b.     The client will be advised of their Device/s, accessories, earmoulds and/or receivers manufacturer's warranty expiry date. Repairs that are covered by the manufacturer's warranty terms will not be at the client's expense.

c.     Australian Consumer Law and manufacturer’s warranties do not cover loss or damage caused by abnormal use.

d.     HSP Clients may sign up to the HSP Maintenance Agreement which will cover the HSP Client for the costs of maintenance, earmoulds and consumables, repairs and batteries for their Device (Maintenance Agreement). A Maintenance Agreement requires a client contribution of an amount set out by the HSP every year and which is due at the first follow up appointment. Please see HSP Schedule of Service Items for more information.

7.       Loss and damage to Devices

a.     Clients can notify Arches of any damage or loss to their Device. A statutory declaration form, which is required for most insurance and HSP claims, can be provided to the client upon request.

b.     A loan hearing aid service is available while replacement hearing aid/s are being arranged. There is no fee for a loan service for less than 2 weeks however $100 per hearing aid will be required from the client in addition to photocopies of their credit cards and driver’s license and/or passport which will be securely kept as surety and the client will be required to pay for the loan device if it is lost, stolen or damaged. A loan service of 2 weeks or greater will attract an upfront fee of $25 per week per hearing aid.

8.       Cancellation Fees

a.     There is a cancellation fee of 50% of the value of the total fee for the appointment for all appointments cancelled with less than 24-hours notice. An exemption (at the sole discretion of Arches) may be granted upon the client supplying a valid medical certificate.

9.       Arches is not a medical service provider

a.     The client acknowledges that none of the services provided to the client are medical services and that Arches and its personnel are not registered medical practitioners.  If any medical advice is necessary Arches recommends the client seek the services of their GP, Otolaryngologist, or Otologist. To the maximum extent permissible by law, the client indemnifies Arches for any claim by any person alleging in whole or in part that Arches provided medical services in relation to the client.

10.   Liability and Indemnity

a.     Arches relies on the client to use the Device for their intended use and in the manner prescribed by the manufacturer.  If Arches suffers loss or damage or incurs any costs relating to abnormal use or a failure to follow instructions by the client, the client agrees to indemnify Arches for those losses, damages and costs including those relating to any personal injury.

b.     To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on Arches are excluded under this Agreement.  If a supply under this Agreement is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained in this agreement excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits Arches to limit its liability, then Arches liability shall be limited to supplying the goods and services again or payment of the cost of having the services supplied again.

c.     Under no circumstance will Arches be liable to the client for any:

i.        loss or liability to the extent caused or contributed by the client
ii.        consequential, incidental or special loss or damages including loss of profits, loss of revenue or loss of opportunity, however it arises; or
iii.        punitive or exemplary damages.

11.   Subcontracting

a.     From time to time Arches may engage a subcontractor to perform some or all of the services in relation to the client's Devices, on its behalf as a member of Arches personnel. The engagement of the subcontractor does not relieve Arches of its obligations under this Agreement.

12.   Privacy

a.     Arches collects personal information from clients in order to provide its products and services.  Arches handles personal information in accordance with its Privacy Policy, which forms part of these terms.  A copy of the Privacy Policy is available at www.archesaudiology.com.au/privacy or by emailing contact@archesaudiology.com.au.

b.     The Privacy Policy outlines the types of personal information Arches collects, the purposes for which it is collected, to whom it is disclosed, how it is held and kept secure and clients' rights in relation to their personal information, including how to access your personal information, how to make a complaint and how Arches deals with such complaints.

13.   General               

a.     This Agreement may be executed in any number of counterparts. All executed counterparts taken together constitute one agreement.

b.     This Agreement may only be amended by written agreement signed by the client and Arches.

c.     Any waiver of any provision or condition of this Agreement must be in writing.

d.     Part or all of a provision of this Agreement that is illegal or unenforceable may be severed from this Agreement and the remainder of this Agreement will continue in force.

e.     This Agreement is governed by the law of Victoria and the applicable laws of the Commonwealth of Australia.  The client irrevocably and unconditionally submits to the jurisdiction of the Courts of Victoria.

Last updated: 26 January 2022