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Terms
& Conditions of Trading
The
terms and conditions set out below (“the terms”) shall apply to all products
and services supplied by Johnson Computer Solutions (JCS) to the Customer
(“the customer”)
JCS
is not bound by any variation to its terms unless expressly agreed upon in
writing and signed by an authorised representative of JCS and the customer.
JCS may at anytime and from time to time alter these terms and conditions
and such altered terms and conditions shall apply after notification by JCS to
the customer.
1,
- GENERAL
1.1
- No quotation given by JCS shall be valid without a ten percent (10%) deposit.
1.2
- A quotation shall be valid for a period of fourteen (14) days from the date of
issue. If a customer cancels or alters a valid quotation after JCS
has
received the quotation, then JCS reserves the right to charge the customer the
additional costs incurred in cancelling or altering any order or part
order together with the costs of any labour and handling to the date of such
cancellation or alteration.
1.3
- Occasionally JCS may have to change computer components in the
customer’s original quote due to supply delays.
The customer has the option
of waiting for the specified component to arrive or JCS can change the component
to a counterpart; this may alter the original quote price.
1.4
- The quote price will include installation of the new system
for one (1) hour only. If installation requires additional time then the client
will be charged
at the hourly rate for the additional time onsite.
2, -
PRICES AND PAYMENT
2.1 - Unless otherwise stated prices quoted are inclusive of
GST, but may be
subject to variation as a result of changes to prevailing rates of GST.
2.2 - All Payments can be made by cash, cheque or direct deposit.
2.3 - All charges incurred as a result of a bounced cheque are the
responsibility of the customer.
2.4 - All valid quotations must be accompanied by a ten percent (10%) deposit,
prior to any work being carried out by JCS.
2.5 - Unless otherwise stated on the invoice all prices are strictly
nett.
The granting of credit to a customer shall be at the absolute discretion
of JCS and
unless otherwise demanded by JCS the customer shall make final
payment on delivery and installation of the computer system.
2.6 - If the customer fails to make payment in accordance with Clause 2.5 JCS
shall be entitled to:
(a) - A charge default interest at the rate one and a half
per centum (1.5%) per
month on a cumulative basis on all over due accounts, calculated
on a day to day
basis.
(b) - Claim from the customer all costs relating to any action taken by JCS to
recover monies or goods due from the customer including legal
costs and
disbursements on a solicitor client basis.
3. -
CUSTOMER SERVICES OFFERED BY JCS
3.1 - The
customer shall be entitled to a Spring Clean consultation with the purchase of a
new computer system. The
Spring Clean consultation will be
due 6 months after the purchase of the computer system, or the
customer can take advantage of this Spring Clean whenever suits them within the
first
12 months of purchasing the new computer system. This Spring Clean is
only available within the first 12 months of purchasing the new
computer
system and cannot be rolled over after this time.
The customer will be contacted regarding the Spring Clean consultation
after 6 months
of original purchase.
3.2 - A Spring Clean consultation will consist of internal inspection of case,
internal cleaning and removal of foreign particles – dust etc., system scans
and updates including virus scans, Windows updates (if applicable) and cookie
removal.
4. -
PROPERTY & RISK
4.1 - Notwithstanding delivery of the products or their installation, property
in any given products shall remain with JCS until the customer has paid and
discharged any and all other indebtedness to JCS.
4.2 - The risk in the products shall pass to the customer upon delivery to the
customer.
4.3 - The customer acknowledges that it is possession of the products soley as
bailee for JCS until payment as defined in Clause 2 has been made in full
to JCS
and until such payment;
(a) - The customer shall be fully responsible for any costs or damage to the
products whatsoever and howsoever caused following delivery.
4.4 - The customer hereby irrevocably grants to JCS unrestricted right and
licence, without notice, to enter premises occupied by the customer to identify
and remove any of the products. The
property of JCS in accordance with these terms without in any way being liable
to the customer or any person
claiming through the customer.
JCS shall have the right to sell or dispose of any such products removed
or otherwise in its sole discretion and shall
not be liable for any loss
occasioned thereby.
5. -
WARRANTY
5.1 - Any equipment sold by JCS has a twelve (12) month warranty against
defects subject to: The defects must not have arisen due to accident,
alteration, abuse, misuse, interference, problems with electrical power,
servicing not authorized by us, act of God, fire, flood, war, act of violence
or similar occurrence; any attempt by any person other than our personnel or any
person authorised by us, to adjust, repair or support the products
and problems caused by use of parts and components not supplied by us or unfair
wear and tear. Subject to payment in full being made as defined
in clause 2 JCS shall use its best endeavours to pass on to the customer the
benefit of any extended warranties or guarantee it receives in respect
of products or parts thereof supplied to the customer which are not of JCS
manufacture. Delays may be encountered as all warranty claim items will
be sent to the manufacturer for repair. Warranty will be void if label is removed. The warranty
does not cover any items that are in one or more of
the following categories:
Software; external devices; accessories or parts added to the product after the product is shipped from us; accessories or
parts that are not
installed by us. We are not liable for any costs arisen thereby for such loss of
business or income.
6
- SOFTWARE
6.1
- All software provided is subject to the terms and conditions of the licence
agreement relating to that software. Customer acknowledges its
obligations to abide by such licence agreements. Customer acknowledges that we
do not warrant any software under these terms and conditions.
All software is warranted in accordance with the licence agreement that governs
its use.
6.2
- All rights, title or interest in respect of the intellectual property rights
in the software remain with the licensor of the software at all times.
We make no warranty whatsoever with respect to software including in any system
sold by us, and all software is sold "as is" and "with all
faults".
In no event shall we be liable to you or any third party for lost profits of
other special, consequential, incidental , or indirect damages, losses, costs
or expenses of any kind, however caused , and whether based on contract, tort
(including negligence), or any other theory of liability regardless
of whether we have been advised of the possibility of such damages, losses, cost
of expenses. Except as set forth herein, we make no warranties,
expressed or implied, and disclaim and negate all other warranties, including
without limitation, implied warranties of merchantability, and fitness
for particular purpose and conformity to models or samples abide by such
licence agreements. Customer acknowledges that we do not warrant
any software under these terms and conditions. All software is warranted in
accordance with the licence agreement that governs its use.
7. -
LIMITATION AND LIABILITY
7.1 - These terms and conditions do not exclude, restrict or modify the
application of any provisions of any Commonwealth, State or Territory law,
which
by law cannot be excluded, restricted or modified.
7.2 - This Clause sets out the entire liability of JCS in respect of its
liability under the Act or otherwise in respect of liabilities to the customer
for a breach
of a condition or warranty with respect to the sale of products or
goods. In no circumstances will JCS
incur any liability in respect of or arising out
of or in connection with any
special, consequential, direct or indirect loss, damage, harm or injury suffered
or incurred by the customer.
In the event that JCS is required to undertake repairs on a customer’s
computer system on-site or take the system to its workshop for repair, the
customer acknowledges that they have backed up its stored data and software and
JCS will not be liable to the customer for any lost data or
software.
7.3
- All disputes must be brought to the attention of JCS within 48 hours of
consultation. If JCS is called out after this time the customer is liable for an
additional callout fee.
8. - CREDIT ASSESSMENT / PRIVACY
CONSENT
8.1 - The customer agrees that JCS may give information agent the customer to a
credit reporting agency.
8.2 - The customer agrees to consent to a credit report being prepared, if
required.
8.3 - The customer agrees that JCS may disclose any information about the
customer to other credit providers for the purposes of assessing the customers
credit worthiness in connection with this service.
8.4 - For the purpose of undertaking service work, the customer authorises JCS
to search all information stored on the hard disk where necessary to
diagnose
and rectify the fault.
8.5 - A written statement of debt duly signed by an authorised representative
of JCS shall be a Prima Facie evidence and proof of the amount of
indebtedness
by the customer to JCS at that time.
9. - GOVERNING LAW
9.1 - The customer agrees that these terms shall be construed in accordance
with Laws in the State of New South Wales. |
