TOTO Prime Service Terms and Conditions

L E G A L

VERSION

1.4, October 2026

EFFECTIVE DATE

1 October 2026

ADMINISTERED BY

B&H Investment Group Pty Ltd

ACN 138 061 346 · ABN 75 138 061 346

JURISDICTION

Australia

S E C T I O N 1

A C L M A N D A T O R Y N O T I C E

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: (a) to cancel your

service contract with us; and (b) 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.

N O T I N S U R A N C E

TOTO Prime Service is a service contract, not an insurance product.

No insurer is involved. All obligations under these Terms are the sole

responsibility of B&H Investment Group Pty Ltd.

3 0 - D A Y C O O L I N G - O F F

You may cancel your TOTO Prime Service plan within 30 days of purchase for a full refund,

no questions asked, provided no claim has been resolved during the cooling-off period. A

lodged but unresolved claim does not affect your full refund; it is simply closed on

cancellation.

Please read these Terms and Conditions carefully before purchasing. By purchasing a TOTO

Prime Service plan, you agree to be bound by these Terms. If you do not agree, do not

purchase the plan.

S E C T I O N 2

In these Terms, the following definitions apply:

•

"We", "us", "our" means B&H Investment Group Pty Ltd (ACN 138 061 346, ABN 75 138 061

346) of Unit 3, 163–179 Forster Rd, Mount Waverley VIC 3149, the administrator of TOTO
Prime Service.

•

"You", "your" means the individual who purchased the TOTO Prime Service plan for personal

residential use.

•

"Product" means the TOTO bathroom product purchased from an Authorised TOTO Dealer and

covered under your plan.

•

"Plan" means the specific TOTO Prime Service plan (Basic, Plus, Advanced, or Concierge) that

applies to your Product.

•

"Coverage Period" means the period during which your Plan is active, being six years from the

Coverage Start Date.

•

"Coverage Start Date" means the original purchase date of the Product or, where the Product

was physically received or installed after purchase and reasonable evidence of that later
date is provided (e.g. a delivery record or a licensed plumber’s installation invoice), that
later date.

•

"Manufacturer Warranty" means the standard TOTO warranty provided with your Product at

time of purchase, covering Years 1–3 (parts only in Year 3).

•

"Year 3 Labour Bridge" means the Prime Service benefit that covers labour costs in Year 3 of

the Manufacturer Warranty, which the Manufacturer Warranty does not cover.

•

"Prime Refresh Visit" means the single preventive in-home visit included with Concierge Service

plans under clause 10.4:

one visit for the whole Coverage Period, not an annual

entitlement

, booked by You and not scheduled automatically.

•

"Covered Failure" means a mechanical or electrical failure of the Product arising from a defect

in materials or workmanship during normal residential use, as set out in Section 7.

•

"Claim" means a request for service submitted by you pursuant to Section 9.

•

"Authorised Dealer" means a retailer authorised by B&H Investment Group to sell TOTO

products and TOTO Prime Service plans.

•

"ACL" means the Australian Consumer Law, being Schedule 2 to the Competition and

Consumer Act 2010 (Cth).

S E C T I O N 3

3.1 Nature of the Agreement

TOTO Prime Service is a voluntary, paid service contract. It extends and supplements the

coverage available under the standard TOTO Manufacturer Warranty by bridging the Year 3

labour gap and providing comprehensive parts and labour coverage for Years 4 through 6

after purchase. It is not a warranty, not insurance, and not a consumer guarantee under the

ACL.

3.2 Administrator

TOTO Prime Service is administered solely by B&H Investment Group Pty Ltd (ACN 138 061

346, ABN 75 138 061 346). B&H is an authorised distributor of TOTO products in Australia. All

obligations under these Terms are obligations of B&H, not of TOTO Co., Ltd. (Japan) or any

TOTO affiliated entity.

3.3 Optional Purchase

Purchase of TOTO Prime Service is entirely voluntary. You are not required to purchase a

plan in order to buy a TOTO product, to receive service under the Manufacturer Warranty, or

to exercise your rights under the ACL. No Authorised Dealer may represent that a plan is

mandatory or that its purchase is a condition of sale.

3.4 Plan Assignment

Plans are not selected by the customer. The applicable Plan is determined by the model of

TOTO product purchased. Model-to-plan mapping is published at prime.bandh.com.au. If your

model is reclassified, the plan applicable at time of purchase is honoured for the full Coverage

Period.

S E C T I O N 4

4.1 Eligible Purchasers

TOTO Prime Service is available to individuals who:

•

Purchased the Product from an Authorised TOTO Dealer in Australia for residential
household use;

•

Are the registered owner of the Product at the time of purchasing the Plan;

•

Purchase the Plan within 3 years of the Coverage Start Date; and

•

Use the Product in a private dwelling in Australia.

4.2 Ineligible Use

TOTO Prime Service does not apply to Products used in commercial premises, hotels, short-

term rental properties, strata common areas, display rooms, or any non-residential setting,

regardless of whether such use was disclosed at point of sale.

4.3 One Plan Per Product

Only one TOTO Prime Service plan may be held per Product serial number. Duplicate plans

are not issued. If a plan is purchased in error for a serial number that already has an active

plan, a full refund will be issued for the duplicate.

4.4 Proof of Purchase

A proper tax invoice from an Authorised Dealer, showing the Product's genuine TOTO product

code, is required to activate coverage and for all Claims. Only Products carrying a genuine

TOTO product code, as issued by TOTO, are eligible. B&H digitally stores invoice records for

all registered plans; you are not required to retain a paper copy, though we recommend you

do. Where B&H cannot locate a stored invoice, you must supply a valid tax invoice showing

the TOTO product code before a Claim can proceed.

4.5 Confirmation of Cover

B&H will send a confirmation email to the email address recorded at the time of purchase,

setting out the Plan tier and the Coverage Period. Cover is not conditional on receipt of that

email: the Plan activates at the point of sale in accordance with clause 4.4, and if you do not

receive the confirmation email you should contact B&H on (03) 9558 6635 or

primeservice@bandh.com.au.

S E C T I O N 5

TOTO Prime Service comprises four service tiers. The applicable tier is determined by your

TOTO product model. Current model-to-plan mapping is published at prime.bandh.com.au.

Plan pricing is set at time of purchase and is not subject to annual increase during the

Coverage Period.

GST:

All prices, fees and charges referred to in these Terms are stated in Australian dollars

and are inclusive of GST unless otherwise stated.

B A S I C

P L U S

A D V A N C E D

C O N C I E R G E

Basic Service

Plus Service

Advanced
Service

Concierge
Service

C2 · S2 · C5 series

S5 · RX · SX series

S7 · RW · SW series

NEOREST RS · AS ·
LS · NX

$199 –
$299

$399

$499 –
$599

one-time purchase

$1,699 –
$2,999

one-time purchase

one-time purchase

one-time purchase

5.1 Benefits by Plan

BENEFIT

BASIC

PLUS

ADVANCED

CONCIERGE

Year 3 Labour Bridge

✓

✓

✓

✓

Years 4–6 parts & labour

✓

✓

✓

✓

Invoice digital storage

✓

✓

✓

✓

BENEFIT

BASIC

PLUS

ADVANCED

CONCIERGE

Accessories 10–15% discount

✓

✓

✓

✓

Annual care reminder

✓

✓

✓

✓

Priority scheduling

–

✓

✓

✓

Video remote diagnosis

–

✓

✓

✓

Plan transfer ($25 admin fee)

✓

✓

✓

✓

Priority on-site scheduling

–

–

✓

✓

Priority parts dispatch

–

–

✓

✓

Fault-based replacement

–

–

✓

✓

Prime Refresh Visit (one per

–

–

–

✓

plan)

Professional Technician Service

–

–

–

✓

Claim response time

72

72

48 hours

48 hours

hours

hours

(priority)

(priority)

S E C T I O N 6

6.1 Coverage Timeline

TOTO Prime Service coverage operates as follows:

•

Years 1–2:

Standard TOTO Manufacturer Warranty (parts and labour). TOTO Prime

Service adds the Year 3 Labour Bridge benefit only.

•

Year 3:

Standard TOTO Manufacturer Warranty covers parts. TOTO Prime Service covers

labour for Covered Failures (the Year 3 Labour Bridge).

•

Years 4–6:

TOTO Manufacturer Warranty has expired. TOTO Prime Service provides full

coverage for Covered Failures: parts and labour, with no limit on call-outs.

6.2 Commencement

Coverage commences on the Coverage Start Date. By default this is the original purchase

date of the Product as shown on the tax invoice. Where the Product was physically received

or installed after the purchase date (for example, a product purchased but installed a year

later), You may elect for coverage to commence from that later date by providing reasonable

evidence of it, such as a delivery record or a licensed plumber's installation invoice. The

Coverage Period is six years from the Coverage Start Date, and the Plan must be purchased

within 3 years of the Coverage Start Date. If the plan is purchased after the Coverage Start

Date, the Coverage Period still runs from the Coverage Start Date, not the date of plan

purchase. Where the Coverage Start Date is a documented later delivery or installation date,

the TOTO Manufacturer Warranty is likewise administered from that date, so the Manufacturer

Warranty and the Plan remain aligned. No retroactive claims are accepted for events

occurring before the plan purchase date, other than labour coverage under the Year 3 Labour

Bridge for faults covered by the Manufacturer Warranty (see Section 7.4).

6.3 Expiry

The Plan expires at the end of the Coverage Period and does not renew automatically. B&H

will send a reminder notification 90 days before expiry. At this time, a renewal or new-plan

offer may be available, but is not guaranteed and is subject to product eligibility at renewal

date.

S E C T I O N 7

7.1 Covered Failures

TOTO Prime Service covers the following during the Coverage Period:

•

Mechanical failures caused by defects in materials or workmanship under normal
residential use;

•

Electronic and control board failures arising from manufacturing defects;

•

Motor, pump, and actuator failures not caused by misuse, blockage, or external damage;

•

Sensor and automated function failures (bidet jets, heated seats, auto-flush, seat sensors);

•

Water supply valve and internal hose failures not caused by improper installation; and

•

Any failure covered by the standard TOTO Manufacturer Warranty that would otherwise
require a labour co-payment in Year 3.

7.2 Parts and Labour

For Covered Failures, B&H will supply and fit replacement parts and cover the labour cost of

repair at no additional charge to you. If replacement parts are no longer available (end-of-life),

B&H may substitute functionally equivalent parts or, where Advanced or Concierge plan

holders are affected, offer a fault-based replacement.

7.3 Fault-Based Replacement (Advanced and Concierge)

Where an Advanced Service or Concierge Service plan holder's Product suffers a Covered

Failure that cannot be repaired within 30 days due to unavailability of parts, or where a

second Covered Failure of the same component occurs within 12 months of the first repair,

B&H may offer a replacement product at our discretion. Any replacement will be an equivalent

or superior model of similar functionality; colour, finish or cosmetic appearance may differ.

Replacement products are sourced from B&H's authorised inventory and may be new or

refurbished.

S E C T I O N 8

The following are expressly excluded from TOTO Prime Service coverage:

7.4 Faults Arising During the Manufacturer Warranty Period

A fault that arises while the TOTO Manufacturer Warranty is active and that is covered by that

warranty is

not

treated as a Pre-Existing Fault under this Plan, even if it arose before you

purchased the Plan. If you purchase the Plan while the Manufacturer Warranty is active, the

Year 3 Labour Bridge applies to such faults from the date of Plan purchase. The Pre-Existing

Fault exclusion continues to apply to any fault or damage not covered by the Manufacturer

Warranty (for example physical damage, misuse or unauthorised repair). Once the

Manufacturer Warranty has expired, the Plan can no longer be purchased.

8.1 Damage and Misuse

•

Accidental or physical damage, including drops, cracks, chips, and scratches;

•

Damage caused by misuse, abuse, or use contrary to TOTO's installation or operating
instructions;

•

Damage caused by foreign objects or substances entering the product;

•

Damage caused by incorrect water pressure, non-compliant water supply fittings, or
supply-line failures external to the product.

8.2 Installation and Modification

•

Failures caused by installation not carried out by a licensed plumber or electrician in
accordance with applicable Australian Standards;

•

Failures caused by unauthorised modifications to the product;

•

Failures caused by servicing carried out by a technician not authorised by B&H.

8.3 External Causes

•

Damage caused by natural disasters, including flood, fire, lightning strike, earthquake, or
storm;

•

Damage caused by vermin, pest infestation, or mould;

•

Damage caused by power surges or electrical supply irregularities not within normal
residential supply tolerances;

•

Failures caused by building or plumbing renovations or works.

8.4 Consumables and Wear Items

•

Consumable items at the end of their expected service life, including nozzle tips, filters,
seat cushions, and deodoriser cartridges;

•

Surface wear, discolouration, or cosmetic deterioration from normal use;

•

Routine maintenance items, including carbon filter and water filter replacements, and
cleaning.

8.5 Non-Residential Use

•

Any product used in a commercial, hospitality, short-term rental, or multi-tenancy common
area context;

•

Products relocated to a commercial premises after plan purchase.

8.6 Other Exclusions

•

Pre-existing conditions or defects at time of plan purchase, other than faults covered by the
Manufacturer Warranty (see Section 7.4);

•

Aesthetic or cosmetic improvements not related to the functional failure;

•

Consequential losses, including water damage to surrounding structures not directly
caused by a component failure (see Section 13).

N O T E O N A C L

Nothing in this Section 8 limits your rights under the Australian Consumer Law. If a failure

would otherwise give rise to an ACL remedy, those rights remain available to you regardless

of these exclusions. See Section 14.

S E C T I O N 9

9.1 How to Submit a Claim

Claims must be submitted through one of the following channels:

•

Online:

prime.bandh.com.au and select

Make a Claim

(available 24 hours)

•

Through your dealer:

any Authorised TOTO Dealer can lodge the claim on your behalf

Claims cannot be lodged by phone. Phone and email remain available for general enquiries.

9.2 Information Required

To submit a Claim, you must provide:

•

Your Prime Service online account (registered email address) or plan number;

•

The product serial number (sticker on the side of the bowl, or on the back of the washlet
unit);

•

A description of the fault or failure;

•

At least one photograph of the affected component (where possible).

B&H will retrieve your invoice from digital storage automatically. You do not need to supply a

copy unless requested.

9.3 Response Times

PLAN

INITIAL RESPONSE

ON-SITE (IF REQUIRED)

Basic Service

72 hours (business days)

Scheduled by availability

Plus Service

72 hours (business days)

Scheduled by availability

Priority scheduling

PLAN

INITIAL RESPONSE

ON-SITE (IF REQUIRED)

Advanced

48 hours, priority (business

Service

days)

Concierge

48 hours, priority (business

Priority scheduling, ahead of all

Service

days)

queues

Response times run from the time of Claim submission during business hours. Claims

submitted outside business hours are treated as received at 10am on the next business day.

9.4 Claim Assessment

Upon receipt of a Claim, B&H may: (a) conduct a remote video diagnosis session (Plus,

Advanced, Concierge plans); (b) request additional information or photographs; or (c) dispatch

an authorised technician for on-site assessment. B&H reserves the right to determine whether

a failure is a Covered Failure. Where a technician attends and no covered fault is found, a

call-out fee of $250 (incl. GST) may apply; you will be advised of this possibility before a

technician is dispatched, and the fee will not apply where B&H's own remote assessment

indicated a likely covered fault.

9.5 No Authorised Repairs

Do not attempt repair or arrange repair with a third party before submitting a Claim. B&H will

not reimburse costs incurred for unauthorised repairs, and such repairs may void coverage for

the affected component.

9.6 Claim Disputes

If you disagree with a claim assessment decision, you may request a review by emailing

primeservice@bandh.com.au with the subject line "Claim Review: [Your Claim ID]". B&H

will respond within 10 business days. If the dispute is not resolved, refer to Section 16

(Dispute Resolution).

S E C T I O N 1 0

10.1 Authorised Technicians

All on-site service will be conducted by technicians authorised by B&H Investment Group and

trained on TOTO product service. Technicians carry B&H identification and may be employees

or authorised contractors. B&H may appoint subcontractors, authorised service agents or

other qualified service providers, as technicians acting on behalf of B&H, to perform any

inspection, repair or replacement under these Terms. B&H remains responsible to You for the

services provided. Where an in-home visit is not practical (for example, very remote

locations), B&H may instead arrange courier pick-up, workshop repair and return delivery at

no cost to You.

10.2 Genuine Parts

B&H will use genuine TOTO replacement parts wherever available. Where a genuine part is

no longer available, B&H will use a functionally equivalent replacement part and notify you in

advance.

10.3 Workmanship Guarantee

All repair work carried out by B&H technicians under a Claim is guaranteed for 180 days. If

the same fault recurs within 180 days of a completed repair, B&H will re-attend (or arrange

courier repair) at no charge, including where the Coverage Period has expired since the

repair was completed. This workmanship guarantee is in addition to, and does not replace,

your ACL rights.

10.4 Prime Refresh Visit (Concierge only)

Concierge Service plan holders are entitled to one Prime Refresh Visit for the duration of the

Coverage Period: a single scheduled in-home visit,

not an annual entitlement

. The visit

includes a system health check, cleaning of accessible components, firmware update check,

and a written report. The visit must be booked by You, online at prime.bandh.com.au or with

Our team; it is not scheduled automatically. The visit is subject to technician availability.

Where the visit is not available in Your area, B&H will instead

apply a $200 credit to Your

Prime Service online account

. The credit is applied to the account automatically, requires no

coupon code, and is redeemable against TOTO products, parts or accessories supplied by

B&H. The credit is not redeemable for cash. It remains permanently valid with no expiry

date.

10.5 Annual Care Reminders

All plan holders will receive an annual care reminder via email or SMS, covering carbon filter

replacement and routine cleaning.

These reminders are informational only and do not

constitute a service visit.

10.6 Repeat-Fault Replacement (All Plans)

If the same fault recurs three times within any 12-month period, You may request a

replacement rather than a further repair. This applies to all plan tiers and is in addition to Your

ACL rights.

10.7 No Lemon Protection (Advanced and Concierge)

If Your Product requires two separate and distinct repairs under this Plan and a further

Covered Failure then occurs, You may request a replacement rather than a third repair. This

operates in addition to the fault-based replacement triggers in Section 7.3.

10.8 Customer Access

You must provide safe, timely and reasonable access to the Product for inspection, repair or

replacement, including at any agreed appointment time. Where access cannot reasonably be

provided, B&H may reschedule the service or suspend performance of its obligations until

access is made available. Nothing in this clause limits Your rights under the ACL.

10.9 Service Standards Are Targets

Response and scheduling times stated in these Terms and in the Consumer Handbook are

target service standards, not guarantees. Actual timing may vary due to technician availability,

weather events, remote locations, parts supply or other circumstances beyond B&H's

reasonable control. B&H will keep You informed of expected timeframes. Nothing in this

clause limits Your rights under the ACL, including the right to have services supplied within a

reasonable time.

10.10 Appointment Confirmation

Where an on-site appointment has been scheduled, B&H or its authorised technician will aim

to contact You on the day of the appointment to reconfirm the arrival time before the

technician travels to Your premises. This is a target service standard and not a guarantee, and

clause 10.9 applies to it. A failure to make contact does not of itself cancel the appointment or

entitle either party to terminate the Plan; if You have not been contacted and wish to confirm

or reschedule, please call (03) 9558 6635.

S E C T I O N 1 1

11.1 Eligible Plans

Plan transfer is available for all plans: Basic Service, Plus Service, Advanced Service and

Concierge Service.

11.2 Process

To transfer a plan to a new property owner (e.g. on sale of a property where the Product is

installed), submit a transfer request at prime.bandh.com.au or by emailing

primeservice@bandh.com.au. A $25 administration fee applies per transfer. The new holder

must be a residential owner-occupier.

11.3 Effect of Transfer

Upon completion of transfer, the new holder assumes all rights and obligations under these

Terms for the remaining Coverage Period. The original plan holder's rights under the plan

cease upon transfer.

11.4 One Transfer Only

Each plan may be transferred once only. A plan that has been transferred cannot be

transferred again.

S E C T I O N 1 2

12.1 Cooling-Off Period

You have 30 days from the date of plan purchase to cancel for any reason and receive a full

refund, provided no Claim has been resolved during this period. If a Claim has been lodged

but not yet resolved, you may still cancel and receive a full refund. The pending Claim will be

closed on cancellation. To exercise the cooling-off right, contact B&H at

primeservice@bandh.com.au or (03) 9558 6635. Refunds are processed within 10 business

days.

12.2 Cancellation After the Cooling-Off Period

Subject to Your rights under law, including the Australian Consumer Law

, if You cancel

Your Plan after the 30-day cooling-off period, You will not be entitled to a refund of the price

You paid for the Plan.

The Plan is a single, one-time purchase covering a fixed six-year period, and it delivers

benefits from the Coverage Start Date, including digital invoice storage, annual care

reminders, consumables discounts and, on Plus, Advanced and Concierge, priority scheduling

and remote diagnostics. The 30-day cooling-off period in clause 12.1 is provided so that You

may reconsider Your purchase in full before this applies.

12.3 When a Pro-Rata Refund Is Available

Notwithstanding clause 12.2, You are entitled to a pro-rata refund of the price paid, reflecting

the unexpired portion of the Coverage Period, where:

•

B&H amends these Terms in a way that materially reduces Your benefits and You cancel
within 30 days of being notified (see Section 17);

•

B&H cancels Your Plan under clause 12.4; or

•

B&H terminates Your Plan on force majeure grounds under clause 18.4.

No administration fee is deducted from a refund payable under this clause. Refunds are

processed within 15 business days.

12.4 Cancellation by B&H

B&H may cancel a plan in the following circumstances:

•

Fraudulent, misleading, or false information was provided at the time of plan purchase or
claim submission;

•

The plan was purchased for a product used in a non-residential setting, contrary to the
eligibility requirements.

In the event of cancellation by B&H, any amounts paid for the plan will be refunded on a pro-

rata basis (less Claims settled), and you will be given 30 days' written notice before

cancellation takes effect. Your ACL rights are not affected by plan cancellation.

12.5 Refund Method

All refunds are issued to the original payment method used at the time of plan purchase. If

that payment method is no longer available, B&H will make alternative arrangements.

Refunds cannot be issued as trade credit without your consent.

S E C T I O N 1 3

13.1 General Limitation

To the maximum extent permitted by law (and subject to your rights under the ACL), B&H's

liability to you under these Terms is limited to:

•

The reasonable cost of repair or replacement of the Product; or

•

A refund of the plan price paid.

B&H may elect which of these remedies to provide.

13.2 Consequential Loss

To the maximum extent permitted by law, B&H is not liable for consequential, indirect, special,

or economic loss or damage arising from a product failure or a claim, including but not

limited to water damage to flooring, walls, cabinetry, or personal property; business

interruption; or loss of use of the product.

13.3 ACL Savings

Nothing in this Section limits any rights or remedies you may have under the ACL, including

your right to claim compensation for reasonably foreseeable loss arising from a failure to meet

a consumer guarantee.

S E C T I O N 1 4

14.1 Statutory Rights

Your statutory rights under the ACL are not affected by these Terms. TOTO Prime Service is

additional to the rights and remedies available to you under the ACL. Nothing in these Terms

limits, restricts, or modifies any right or remedy you have under the ACL.

14.2 Consumer Guarantees

If a product fails to meet a consumer guarantee under the ACL, you have rights independent

of your TOTO Prime Service plan. For major failures, you are entitled to your choice of a

refund, replacement, or repair. For minor failures, the supplier may choose to repair the

product rather than replace or refund.

14.3 Concurrent Rights

You may pursue remedies under the ACL and under your TOTO Prime Service plan

concurrently. An ACL claim is directed to the retailer from whom you purchased the product (or

to TOTO's Australian warranty team). A Prime Service claim is directed to B&H. The two

processes are independent.

14.4 Mandatory Notice

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: (a) to cancel your

service contract with us; and (b) 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.

14.5 Further Information

For further information about your rights under the Australian Consumer Law, visit

www.accc.gov.au

or contact the ACCC on 1300 302 502.

S E C T I O N 1 5

15.1 Collection

B&H Investment Group Pty Ltd collects personal information (name, address, contact details,

product serial number, payment information) for the purpose of administering your TOTO

Prime Service plan, processing claims, and communicating with you about your coverage.

15.2 Use and Disclosure

Your personal information will not be sold to third parties. It may be shared with authorised

service technicians and contractors solely for the purpose of fulfilling claims. B&H handles all

personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy

Principles.

15.3 Access and Correction

You may request access to your personal information held by B&H, or request correction of

any inaccurate information, by contacting primeservice@bandh.com.au. We will respond

within 30 days.

S E C T I O N 1 6

16.1 Internal Resolution

If you have a complaint about your TOTO Prime Service plan or a Claim decision, contact

B&H at primeservice@bandh.com.au or (03) 9558 6635. We will acknowledge your complaint

within 2 business days and respond substantively within 10 business days.

16.2 External Dispute Resolution

If internal resolution is unsuccessful, you may refer the dispute to:

•

Consumer Affairs Victoria:

1300 558 181 or consumer.vic.gov.au

•

Australian Competition and Consumer Commission (ACCC):

1300 302 502 or

accc.gov.au

•

Victorian Civil and Administrative Tribunal (VCAT):

for matters within VCAT's consumer

list jurisdiction.

16.3 No Restriction on Rights

Nothing in this Section prevents you from exercising any right or remedy available under the

ACL or any other applicable law.

S E C T I O N 1 7

B&H may amend these Terms from time to time. Any amendment will be published at

prime.bandh.com.au and will take effect 30 days after publication. Amendments will not apply

retroactively to active plans. The Terms in effect at the time of your plan purchase govern

your Coverage Period. If an amendment materially reduces your benefits, you will be notified

by email and given the option to cancel your plan for a pro-rata refund.

S E C T I O N 1 8

18.1 Governing Law

These Terms are governed by the laws of the State of Victoria, Australia. Both parties submit

to the non-exclusive jurisdiction of the courts of Victoria.

18.2 Severability

Any provision of these Terms which is illegal, void or unenforceable is ineffective to the extent

only of that illegality, voidness or unenforceability, without invalidating the remaining

provisions of these Terms.

18.3 Entire Agreement

These Terms constitute the entire agreement between the parties in relation to the Plan and

supersede all prior discussions, representations and understandings relating to its subject

matter. Nothing in this clause limits any rights or remedies available under the Australian

Consumer Law. In the event of any inconsistency between these Terms and the Consumer

Handbook or any other Prime Service material, these Terms prevail.

18.4 Force Majeure

Neither party is liable for any delay or failure to perform its obligations (other than payment

obligations) where such delay or failure is caused by events beyond its reasonable control,

including but not limited to natural disasters, fire, flood, epidemic, pandemic, war, terrorism,

industrial disputes, government action or interruption of essential utilities. If the event

continues for more than 60 days, either party may terminate the Plan by written notice. Where

B&H terminates on this basis, a pro-rata refund calculated under clause 12.3 will be provided.

Nothing in this clause limits Your rights under the ACL.

C O N T A C T U S

B&H Investment Group Pty Ltd

· ACN 138 061 346 · ABN 75 138 061 346

Unit 3, 163–179 Forster Rd, Mount Waverley VIC 3149

Phone: (03) 9558 6635  ·  Email: primeservice@bandh.com.au

Web: prime.bandh.com.au