Terms & Conditions
General terms of trade
- Payment is due at time of service
- Minimum Service Charge applies for inspection work
- Late Payments will incur a fee
- Detailed Terms of Trade are printed on the rear of our invoices (and are listed below when invoices are sent via eletronic means. You can click on the link listed on your invoice to view this page directly).
TERMS OF TRADE
1. This Agreement is between Computer Troubleshooters, hereafter known as “CT” and “Customer”, being the person/Corporation entering into this Agreement.
2. Goods means the goods sold to Customer by CT and includes all installation services provided by CT to Customer.
ORDER FOR GOODS AND SERVICES
3. An order given to CT is binding on CT and Customer, if: a. a written acceptance is signed for or on behalf of CT; or b. the Goods are supplied by CT in accordance with the order.
4. An acceptance of the order by CT is then to be an acceptance of these conditions of sale by CT and Customer and these conditions of sale will override any conditions contained in Customer’s order. CT reserves the right to accept a part only of any order by notifying Customer in writing or by delivering the Goods to Customer. No order is binding on CT until accepted by it.
5. An order which has been accepted in whole or in part by CT cannot be cancelled by Customer without obtaining the prior written approval of CT, which it may refuse in its absolute discretion.
6. Payment terms are strictly COD, unless by agreed prior arrangement.
7. All work performed on an hourly basis will be at the CT’s applicable rates.
8. Customer acknowledges that, should any amount not be paid on the due date, or any payment by cheque be unpaid, the entire balance then outstanding shall immediately become due and payable without any further notice. Customer agrees that a service charge of 0.1% per day on overdue balances may be charged to Customer’s account at the discretion of CT.
9. In the event of CT instructing its agents to collect an overdue amount, all legal fees, collection charges, tracing agents fees & any other recovery costs incurred by CT, shall be borne by Customer and all payments made shall firstly be allocated towards such fees and charges thereafter to interest and finally to capital.
10. Dishonoured cheques are subject to a $80.00 charge.
11. Notice of cancellation is required at least 2 hours prior to a scheduled appointment otherwise Customer will incur a cancellation fee of 1 hour at the applicable rate for the scheduled works.
12. CT assumes no liability for unlicensed software, data loss, or problems arising caused by the user or software.
13. Any problems with services preformed should be reported immediately to CT.
14. The Customer will not privately contract or attempt to contract with any of the staff of CT.
TITLE AND RISK
15. Title and property of any goods supplied by CT to Customer will only be completed on full payment and title and property of any goods supplied by CT shall not pass to Customer if the agreed payment is withdrawn or defaulted. Not withstanding the aforementioned reservation of ownership clause, the risk of any loss or damage to or deterioration in product from whatever cause shall pass to Customer at the time of delivery. Delivery occurs when goods are provided to Customer prior to installation by CT.
16. The repair of the customer’s goods may result in the loss of any user generated data, and as such the customer is wholly responsible for any backups of aforementioned data. (Please ensure that you have made a copy of any data saved on your goods.) Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired.
17. The words ‘goods’ in the following statement refer to the Goods and ‘You’ means Customer: The goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are 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.
18. All new Parts include a 12 month Return to Base Warranty from date of purchase unless otherwise specified. Parts Warranty covers replacement of parts provided by CT only.
19. All Warranty claims must be supported by a valid receipt and CT must be notifi ed in writing.
20. Where Customer makes a claim in accordance with this Warranty, Customer must return the goods to the address as specified on the front of the Tax Invoice.
21. CT reserves the right to charge an Inspection fee if goods returned as part of a warranty claim are tested & found not to be faulty.
22. All delivery, freight, reconfiguration and installation costs associated with claiming under the warranty are the responsibility of Customer.
23. The benefits given to Customer by the warranty set out in clause 18 are in addition to other rights and remedies of Customer under a law in relation to good or services to which the warranty relates.
24. CT’s liability in respect of a breach of a consumer guarantee for any service or Goods not of a kind ordinarily acquired for personal, domestic or household use is limited, to the extent permissible by law and at CT’s option; a. in relation to the Goods: i. the replacement of the products or the supply of equivalent products; ii. the repair of the products; iii. the payment of the cost of replacing the products or of acquiring equivalent products; or iv. the payment of the cost of having the products repaired. b. in relation to the services: i. the supply of the services again; or ii. the payment of the cost of having the services supplied again.
25. To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms of Trade are excluded and CT 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 CT’s failure to complete or delay in completing the order to deliver the Goods.
26. Any claims to be made against CT for short delivery of Goods must be lodged with CT in writing within 7 days of the delivery date.
27. To the full extent permitted by law, Customer will indemnify CT and keep CT indemnified from and against any liability and any loss or damage CT may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Terms of Trade by Customer or its representatives.
28. Goods and Services Tax (GST) will be shown separately in the 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 CT in respect of GST paid and payable by CT for the supply of the Goods.
29. These terms and conditions 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 CT.
30. These Terms of Trade 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.
31. Any conditions found to be void, unenforceable or illegal may, to that extent be severed from the Agreement.
32. No waiver of any of these terms and conditions or failure to exercise a right or remedy by CT will be considered to imply or constitute a further waiver by CT of the same or any other term, condition, right or remedy.
33. 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.
34. No representations have been made by CT or on its behalf, which have induced the Customer to enter into these Terms of Trade.
Where goods are left uncollected for repair or other treatment in the course of business – after 3 months – CT 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