Terms and Conditions
Additional Terms and Conditions, including Hosting and Website Terms: http://pcaustralia.com/T&C.doc
Mandatory Repair Notices
As per the Competition and Consumer Act 2010, please note the following Mandatory Repair Notices required by law:
(a) 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.
(b) Repair of goods may result in loss of data.
In this document, unless the context requires otherwise:
PC Australia Wholesale, PC Australia, We, Our or Us refers to PC Australia Wholesale[ABN26 679 429 265] and includes affiliates, contractors, partners, providers or associated businesses/companies.
Customer, You or Your refers to the person or legal entity requesting Goods or Services from Us
Goods refers to, all products and other goods including software or licenses supplied by Us to You
Service or Services refers to, the provision any Services by Us to You or on Your behalf
Debts Owing, Amounts Owing– any money owed to Us by the Customer prior or after this agreement for any Goods and/or Services We provide.
Web Services – refers to any good(s) or service(s) provided to the Customer by Us or Our service providers.
Including, including - is not a word of limitation and means without limitation;
Charges and payments
Service prices listed are based on Services performed between the hours of 7am and 7pm Sydney, AU Time. Additional surcharges apply for Services provided outside these hours or on public holidays.
All goods supplied by Us are charged separately from the services.
In the event that any costs incurred by Us in relation to the provision of goods or services change, we may adjust our prices including fixed quotes or invoices to account for these changes, without giving notice to you. This includes parking costs.
All time spent by Us is charged in 1 hour blocks.
Under certain circumstances it may be deemed that external Providers or Contractors be required to perform works and provide their goods or services, these goods and services are billed at the rate specified by the Provider or Contractor and billed on top of Our hourly charges.
All goods and services performed remain the property and rights of PC Australia Wholesale, it’s Contractors, and Suppliers until the Customer Account has been paid in full.
Payment for Goods are required upfront prior to Us placing an order with Our warehouse. Until Our Order is placed, stock is not reserved for your Order.
Payment for Services are due at the time the Service is performed, unless no Invoice is issued at that time; If this is the case, the Payment is due within 24 hours of the Invoice being sent to You.
Customers wishing to pay via Cheque attract a $15 administration charge per cheque or invoice, which ever is more.
If Amounts Owing are not received in full by the due date, We may without notice:
· enter any premises where we suspect the goods may be and remove them, notwithstanding that they may have been attached to other goods not the property of Us, and for this purpose you irrevocably license Us to enter such premises and shall also indemnify Us and hold Us harmless from and against all breaches, damages, losses, claims, demands or actions by any party arising from such action.
· access any device or service we suspect is connected to the Customer or related to the Service(s) performed, or will allow us to gain access to devices on which Service(s) were performed, in order to revoke, disable, roll back, or remove any Services we have performed, and for this purpose You irrevocably license us to access any device and shall also indemnify Us and hold Us harmless from and against all breaches, damages, losses, claims, demands or actions by any party arising from such action.
· hold You liable for the cost of collection/recovery of Debts Owing to Us, including any legal and debt collection fees We incur, in addition to any overdue amounts that will be charged at a calculated compounding daily rate of 6% per annum from the due date.
· Amend the invoice and remove any discounts applied to your invoice, and adjust reduced rates for Our Goods and/or Services to the advertised rates on Our Site or RRP for Goods
Product Warranties and Claims
All products come with 12 months parts warranty, unless otherwise stated by Us, Our Supplier, or the Manufacturer. This excludes consumable items and accessories which generally carry limited or no warranty.
If you request us to diagnose a fault in order to return a product and/or component under warranty, labour is charged at our standard prices/hr.
The conditions and coverage of product warranty are set out by the manufacturer.
For any warranty returns found not faulty by Us or the Manufacturer, a service charge will apply plus delivery costs. Usually a minimum of $40 or 10% of the item RRP (which ever is more) + Delivery. Payment must be cleared prior to the product being returned.
Original Proof Of Purchase (Invoice) is compulsory for all warranty claims, or other claims.
Performances and Deliverance of Goods and Services.
Any period or date stated by Us for the delivery of Goods or Services is intended as an estimate and not a contractual commitment. We attempt to and use reasonable endeavours to meet any periods or dates of delivery.
From time to time, some repairs are unable to be fixed or diagnosed on-site and will require the technician to take your device(s) back to our office/workshop for repairs.
Representation and reliance
You agree that We or any person acting on behalf of Us, Our Contractors or Providers have not made any representation to enter into this agreement, except for the representations set out in this agreement.
You confirm that you have not entered into this agreement based on any representation or reliance by Us or behalf of Us, except for representations set out in this agreement.
You confirm that your decision to enter into this agreement is not based on any promise, statement, warranty or representation made or given by us or any other person, and that you have relied on your own skill and judgement in deciding to purchase and obtain Goods and Services from Us.
You agree and warrant to Us that you are the owner of, or have been authorised by the owner to be in possession of and make decisions regarding any goods, data, media or equipment provided to Us. You also indemnify Us against any expenses, costs, damages or liability arising from any claims, demands or law suits resulting from breach of this warranty cluse.
You agree, understand and indemnify that We are not responsible for any software, data or files stored on your device, nor any devices connected to it. We and Our Contractors or Providers are not responsible at any time for any loss, alteration or corruption to any software, data or files, including loss of hardware functionality, and you indemnify us against any and all claims related.
You warrant that you have a valid and current license to any software that is provided to Us by You, and that You have the right and/or permission to use the software. Further, we are not responsible to You or any third party for any breach of any software licence, and You indemnify Us against any loss, damages, costs, harm or other expenses arising directly or indirectly as a result of installing any software.
No Fix, No Fee Guarantee- You will not be charged for the Services provided when We are unable to provide a solution to the problem You are having, this excludes call out fees, and applicable surcharges for out of hours and public holiday work unless otherwise agreed in writing.
If We provide you with a solution, advice or information on how to fix the problem you are experiencing or advise you what is required in order for Us to fix the problem, you agree that we have met our commitment in providing a solution to your problem. Examples include: the Hard Drive of Your PC is faulty and You decide not to purchase a new hard drive, or where a technician is unable to rectify an issue due to the Customer no longer holding the original software from the Vendor, such as recovery CD's.
A Solution may also include being referred to another professional or experts in the field of your particular problem for special cases we are not able to fix your issue for a range of reasons, including but not limited too complex data recovery, forensics, electrical/circuitry work and custom software applications (including customisations).
18/01/2016 - Updated "Charges and Payments" service prices hours.
18/01/2016 - Update "No Fix, No Fee Guarantee".