TERMS AND CONDITIONS OF SALE AND/OR SERVICE
1. Definitions
“The Company” means Talatha Pty Ltd (ABN 49106506432), trading as Tech Support Perth, its employees, servants and agents.
“The Customer” means the person, corporation or entity shown as the customer.
“Computer hardware” includes computers and all associated equipment, accessories and components including printers and scanners but excluding all computer software.
“Computer software” includes any package, process and/or program applied to or used in any computing system.
“Services” includes any repair, networking or upgrading of any computer hardware and/or software.
“Supply” includes the sale and/or supply of any computer hardware and/or software.
“Licensed computer software” means any software that is licensed to any third party.
2. Agreement
It is agreed by and between the Company and the Customer that the Company shall provide and perform the service detailed in this order and/or supply the computer hardware and/or software provided for in this order, subject to the terms and conditions contained herein.
3. Payment
The Customer shall pay the agreed price in full upon completion of the services and/or the supply of computer hardware and/or computer software.
4. Overdue Accounts
The Company is entitled to charge interest at 10% per annum on all overdue accounts. The customer is responsible for all expenses, costs and disbursements incurred by the Company in recovering any outstanding monies including debt collection agency fees and solicitors costs.
5. Title to Goods
The Company retains ownership of all computer hardware and/or computer software supplied until full payment is received. The Company is authorised to enter any premises to remove such goods until payment is received in full.
6. Warranty
Subject to the exclusions contained in these terms:
(a) Services: 28-day warranty on repairs and rectification performed by the Company. The Customer is responsible for delivering goods to the Company’s business premises. A $50.00 call-out fee applies for each call-out in default.
(b) Hardware: 12-month warranty on computer hardware supplied by the Company, with the Company having the right to repair or replace at its discretion.
7. Warranty Exclusions
Warranties do not apply to: faulty materials or workmanship not provided by the Company; accident, negligent or improper use; failure to follow manufacturer’s instructions; illegal use; improper installation or movement; failure to install recommended upgrades; tampering with hardware; or any claim arising from neglect by the Customer or third party.
8. No Warranty on Software
There is no warranty on licensed computer software or on repairs covered by manufacturer’s warranty. The Customer is responsible for claiming manufacturer warranties directly.
9. Data Loss
The Company is not responsible for loss of any information, data, program or entry whilst carrying out services. The Company shall not be liable for any consequential damages, costs or expenses resulting from data loss.
10. Intellectual Property
The Customer warrants that services do not infringe any licensing or intellectual property rights and shall indemnify the Company against any such claims.
11. Limitation of Liability
No claim shall be made against the Company or its directors, employees or agents for any loss or damage unless arising from gross negligence or wilful misconduct.
12. Indemnity
The Customer indemnifies the Company against all losses, claims, liability, damages, costs, charges and expenses relating to or arising from the carrying out of work, except where arising from the Company’s gross negligence or wilful misconduct.
13. Entire Agreement
These terms and conditions comprise all terms of the Company’s relationship with the Customer. No variation is binding unless made in writing.
14. Marketing Consent
I agree and subscribe to be contacted by email by The Company for business or marketing purposes.
Repair Notification
Under legislation required from 1st July 2011 by the ACCC, we are required to provide the following notice prior to commencing any service on systems or devices which may contain user-generated data:
- During the process of repair, some or all of your stored data may be lost. Please ensure that you have saved this data elsewhere prior to repair.
- Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired.
- Refurbished parts may be used to repair the goods.
For additional information, contact the ACCC’s Small Business Helpline on 1300 302 021 or visit www.accc.gov.au.
Tech Support Perth is a trading name of Talatha Pty Ltd | ABN 49106506432 | Suite 10G, 50 St Georges Terrace, Perth WA 6100 | Phone: 0415 920 471
