Terms
TERMS OF TRADE
1. These Terms of Trade (“Terms”) are between Clic IT Solutions, hereafter known as “CS” and the customer, being the person/entity entering into these Terms, hereafter known as “Customer”, for the provision of the Goods and Services.
2. Goods means the goods sold to Customer by CS, as set out in the order, and includes all installation services provided by CS to Customer in respect of those Goods. Services means the services as set out on the Order.
ORDER FOR GOODS AND SERVICES
3. An Order for the purchase of Goods or Services which is given to CS is binding on the Customer, if:
a. written acceptance is signed for or on behalf of CS accepting the Order; or
b. the Goods or Services are supplied by CS in accordance with the Order.
4. Where a binding Order has been placed in accordance with clause 3, Customer is deemed to have accepted these Terms and these Terms will override any other terms or conditions. CS reserves the right to accept only a portion of any Order by notifying Customer in writing or by delivering the accepted portion of Goods to Customer at the nominated Customer premises (“Premises”) set out in the Order. CS will notify customer if it is unable fulfill any part of an Order. No Order is binding on CS until accepted in accordance with clause 3(a) or (b).
5. An Order which has been accepted in whole or in part by CS cannot be cancelled by Customer without obtaining the prior written approval of CS, which it may refuse in its absolute discretion. This clause 5 does not apply in relation to the cancellation of a scheduled appointment as set out in clause 9.
PAYMENT
6. Payment in respect of all fees set out in the Order (“Fees”) is strictly on a ‘cash on delivery’ basis, or as otherwise agreed with CS and noted on the Order.
7. All work performed on an hourly basis will be at the applicable CS rates, or as set out in the Order.
8. Customer acknowledges that, should any Fees not be paid in accordance with clause 6, or if any payment by cheque is dishonoured, the entire Fee balance then outstanding shall immediately become due and payable without any further notice.
CONDITIONS
9. Notice of cancellation for a scheduled appointment with a CS service provider is required at least 2 hours prior to that scheduled appointment to the phone number or email address listed on the Order.
10.Customer:
a. must ensure that all information provided about Customer to CS in respect of the Goods and/or Services is true and correct;
b. must ensure that safe, clear access, free of any harmful products, items or substances, is provided to the Premises where CS will supply the Goods and Services;
c. must obtain any access, consents, licenses or permissions required for CS to deliver the Goods and provide the Services; and
d. agrees to cooperate with CS (and its personnel) to provide CS with all reasonable information, assistance, access, equipment and instructions to allow CS to provide the Goods and Services; and
e. agrees that any delivery date or time notified by CS for the delivery of Goods and/or performance of Services is an estimate only. CS will use reasonable endeavours to adhere to notified delivery times but CS is under no obligation to deliver the Goods or Services at the notified time. Failure to do so will not constitute a breach of these Terms; and
f. agrees to comply with these Terms and any applicable laws, including privacy laws, licenses or requirements in relation to the use, access and procuring of the Goods or Services.
11. Any problems with Services performed should be reported immediately to CS. Any claims to be made against CS for short delivery of Goods must be lodged with CS in writing within 7 days of the date the Goods are delivered to the Premises.
12. The Customer will not privately contract or attempt to contract with any CS personnel.
TITLE AND RISK
13. Title of any Goods supplied by CS to Customer will not pass to Customer until CS is in receipt of full payment of the Fee. Notwithstanding the aforementioned, the risk of all Goods shall pass to Customer at the time of delivery to the Premises. Delivery is deemed to have occurred at the time the Goods arrive at the Premises, prior to installation by CS.
REPAIR
14. Customer acknowledges and accepts that the repair of any Customer goods may result in the loss of Customer and/or user generated data, and as such the Customer is wholly responsible for any backups of aforementioned data. CS accepts no responsibility for the loss of any data pursuant to the repair of Customer goods by CS and Customer waives all rights to such claim
against CS.
WARRANTY
15. The Goods and Services come with certain guarantees that cannot be excluded under the Australian Consumer Law (“ACL”). Customer is entitled to a replacement or refund for a major failure of the Goods, and for compensation for any other reasonably foreseeable loss or damage.
Customer 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. If Customer is deemed to be a ‘consumer’ under the ACL, nothing in these Terms purports to limit Customers rights thereunder and Customer agrees that CS’ liability for the provision of the Goods and services is governed solely by the ACL.
16. All new parts supplied by CS shall come with the manufacturers warranty provided by manufacturer to CS (“Warranty”) unless otherwise specified in an order. This Warranty covers only those parts provided by CS.
17. All Warranty claims must be supported by a valid receipt and CS must be notified in writing of any claim.
18. Where Customer makes a claim in accordance with the Warranty, Customer must return the Goods to the address specified on the CS Order.
19. CS reserves the right to charge an inspection fee if Goods returned as part of a Warranty claim are tested & found not to be faulty.
20. All delivery, freight, reconfiguration and installation costs associated with claiming under the Warranty are the responsibility of Customer.
21. The benefits given to Customer by the Warranty set out in clause 16 are in addition to other rights and remedies of Customer under any law in relation to the Goods or Services to which the Warranty relates.
INDEMNITY AND LIABLITY
22. CS’ liability in respect of a breach of these Terms, and to the extent permissible by law, is limited to, at CS sole discretion;
a. in relation to the Goods:
i. the replacement of the Goods or the resupply of equivalent Goods;
ii. the repair of the Goods;
iii. the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or
iv. the payment of the cost of having the Goods repaired.
b. in relation to the Services:
i. the resupply of the Services; or
ii. the payment of the cost of having the Services resupplied.
23. To the extent permitted by law, all warranties not set out in these Terms, whether implied or otherwise, are excluded and CS is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate Customer for:
a. any increased costs or expenses;
b. any loss of profit, revenue, business, contracts or anticipated savings;
c. any loss or expense resulting from a claim by a third party; or
d. any special, indirect or consequential loss or damage of any nature whatsoever caused by CS’s failure to complete or delay in completing the order to deliver the Goods or provide the Services.
24. To the full extent permitted by law, Customer will indemnify CS and keep CS indemnified from and against any liability and any loss or damage CS may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of these Terms or any applicable laws by Customer or its representatives.
25. Customer acknowledges and accepts that CS accepts no liability or responsibility for:
a. any form of loss or damage of any nature whatsoever suffered by the Customer, whether arising directly or indirectly out of, or in connection with, the provision of the Goods or Services by CS to the Customer; or
b. any supplied content breaching any laws, regulations or third party rights, including but not limited to third party intellectual property rights.
GST
26. Goods and Services Tax (GST) will be shown separately in the CS tax invoice for the sale of the Goods. The amount of GST payable in respect of the supply of the Goods is payable by Customer. Customer must indemnify CS in respect of GST paid and payable by CS for the supply of the Goods and Services
GENERAL
27. These Terms are to be construed in accordance with the laws from time to time applicable in the Australian State in which the Goods and Services are provided to Customer by CS.
28. These Terms contain all of the terms and conditions of the contract between the parties and may only be varied by agreement in writing between the parties.
29. Any conditions found to be void, unenforceable or illegal may, to that extent be severed from the Agreement.
30. No waiver of any of these terms and conditions or failure to exercise a right or remedy by CS will be considered to imply or constitute a further waiver by CS of the same or any other term, condition, right or remedy.
31. Neither party shall be liable for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
32. No representations have been made by CS or on its behalf, which have induced the Customer to enter into these Terms.
REPAIR & SERVICE NOTICE
You AUTHORISE Clic IT Solutions (CS) to undertake the work specified & accept the following conditions and the Terms of Trade in full. The repair of your goods may result in the loss of any user generated data. Please ensure that you have made a copy of any data saved on your goods. Refurbished parts may be used to repair goods. CS reserves the right to charge an Inspection fee if goods returned as part of a warranty claim are tested & found not to be faulty
CLIENT SIGNATURE _______________________________
UNCOLLECTED GOODS
Where goods are left uncollected for repair or other treatment in the course of business – after 3 months – CS will give written notice to the Customer advising that they intend to dispose of the goods. If the goods remain uncollected after 3 months of that notice, they may be disposed of by public auction or by private sale for a fair value without refund to the Customer