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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 Pty Ltd (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 All payments for computer systems, components and peripherals are strictly prepaid, unless prior arrangements have been made for COD. Payments for COD are made by cash, credit card (2.5% charge) or bank cheque only.
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 half 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 prepayments can be made by cash, cheque, EFT, credit card (2.5% charge) or direct deposit. Amex and Diners cards cannot be accepted.
2.3 Payments for service fees are due within 7 days of invoice date.
2.4 All charges incurred as a result of dishonoured cheques are the responsibility of the customer. JCS reserves the right to charge a $25 dishonour fee.
2.5 All quotations must be prepaid prior to any work being carried out by JCS.
3. CUSTOMER SERVICES OFFERED BY JCS
3.1 The customer shall be entitled to free delivery and installation of up to one hour, phone support for the life of the system and an IT health check consultation with the purchase of a new computer system.
3.2 A new computer system must include a motherboard, CPU and hard drive to qualify for the new system inclusions.
3.3 Free delivery and installation will be for one (1) hour only, any additional time to set up the computer system or system backups and data transfer will incur an hourly fee.
3.4 The free IT health check consultation is only available within the first twelve (12) months of purchasing the new computer system and cannot be rolled over after this time. The customer will be contacted regarding the IT health check consultation after six (6) months of the original purchase. Alternatively the customer can organise for this IT health check any time within the 12 months. An IT health check 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.
3.5 From time to time our technician will be attending seminars, conferences etc. and also vacation time. Any phone support required by the customer within this time will be attended to after the technician is back from leave.
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 All equipment sold by JCS has a twelve (12) month back to base warranty against defects; excluding software, 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 any 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. Warranty will void if labels are 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 license agreement relating to that software. Customer acknowledges its obligations to abide by such license agreements. Customer acknowledges that we do not warrant any software under these Terms and Conditions. All software is warranted in accordance with the license 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, costs 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 a particular purpose and conformity to models or samples abide by such license agreements. Customer acknowledges that we do not warrant any software under these Terms and Conditions. All software is warranted in accordance with the license agreement that governs its use.
7. RETURN POLICY
Non defective goods may be returned for credit within 7 days of invoice. Goods must be in re-sellable condition and be returned in their original packaging unopened and accompanied
by a copy of the original invoice.
A credit for the original invoice value, less a 15% restocking fee will be issued against your account. No returns of non-defective goods are accepted after 7 days from ivoice.
8. LIMITATION AND LIABILITY
8.1 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.
8.2 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, 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.
8.3 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.
9. CREDIT ASSESSMENT / PRIVACY CONCENT
9.1 The customer agrees that JCS may give information agent the customer to a credit reporting agency.
9.2 The customer agrees to consent to a credit report being prepared, if required.
9.3 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.
9.4 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.
9.5 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.
10. GOVERNING LAW
10.1 The customer agrees that these terms shall be construed in accordance with Laws in the State of New South Wales. |
