These terms and conditions govern the provision of any goods and services by Technetics Consulting Pty Ltd ACN 109 826 119 ("Technetics") to the Customer.
Payment for Technetics Consulting products and services is to be made upon delivery or installation. Products will be invoiced on delivery. Services will be invoiced immediately after service provision.
Any amount not paid on the due date for payment will attract interest at the rate of 15% per annum or 0.04% per day calculated from the invoice due date.
Technetics Consulting makes no warranty in relation to the Products other than as prescribed by law that cannot be excluded or as provided by their respective manufacturers as made known to the Customer in the documents supplied by Technetics Consulting or the manufacture or as otherwise published or made known to the Customer. The Warranty only covers hardware, if hardware breaks down, Technetics Consulting's liability is only to replace or repair the hardware, and is a back-to-base warranty. If the Customer returns the hardware to Technetics Consulting offices, there is no charge for replacing or repairing the hardware, however any onsite work by a Technetics Consulting Engineer is chargeable. Re-loading, re-configuring or repairing software or data is additional chargeable work if carried out by Technetics Consulting. Warranty is conditional on proof of purchase being supplied by the Customer to Technetics Consulting, proof being a Technetics Consulting tax invoice with General Terms and Conditions attached. The Customer is liable for the cost of delivering the Products to Technetics Consulting offices.
IT SERVICES & PRODUCTS
There is a minimum charge of one (1) hour for any IT Services request for onsite work and 0.5 hours for offsite (remote) work. For casual customers this is to be pre paid before the commencement of the requested IT services.
Cancellation of a scheduled onsite or remote support appointment must be done at least 24 hours prior to the scheduled time. Should the cancellation of the scheduled appointment is less than 24 hours in advance the minimum charges for the appropriate service onsite or remote will be applied.
Cancellation of an approved quote for which an order for requested product/s and/or service/s has been placed with our suppliers will carry the full charges of the approved quote.
Technetics Consulting will use its reasonable endeavours to deliver Products or Services to the Customer on the date agreed during the Customer's normal business hours, but will not be liable for any delays caused as a result of matters beyond its control. The time for delivery of Products and Services by Technetics Consulting will not be of the essence.
Technetics Consulting reserves the right to not accept returned goods. Under special conditions, Technetics Consulting may arrange for the return of goods, and only if Products are in the same condition as delivered by Technetics Consulting to the Customer, and only if received by Technetics Consulting within 7 days of delivery. Technetics Consulting reserves the right to charge the Customer for any costs or losses incurred by Technetics Consulting up to a maximum of 10% of the original cost of the goods. Technetics Consulting will use its best endeavours to minimize such costs and losses. All software purchases, where packaging has been opened, are NOT refundable.
The pre-purchased TechPlan agreements are to be used within 12 months from date of purchase. In the event that the Customer or Technetics Consulting wish to cancel the agreement, the balance of unused hours will be redeemed to the Customer less 10% of the total refund - to cover administrative expenses.
RISK AND INSURANCE
Risk of loss, theft, damage, deterioration or destruction of Products passes to the Customer upon the earlier of:
Delivery to the Customer;
The taking of possession by the Customer; and
The delivery to any carrier (who will be deemed to be an agent of the Customer) for delivery to the Customer.
Until the Products have been paid in full, they remain the property of Technetics Consulting. Should the Customer default in any such payment(s), Technetics Consulting shall have the right, without notice to the Customer, to declare all invoice amounts due and payable. In the event that Technetics Consulting should commence any action or actions, or otherwise seek to enforce this agreement against the Customer, the Customer agrees to pay any legal fees, court costs and other expenses incurred by Technetics Consulting to recover the debt, whether or not a statement of claim is filed.
The customer acknowledges that unless otherwise agreed in writing, all intellectual property rights arising out of the provision of Services by Technetics Consulting (including any intellectual property rights in any software written by or on behalf of Technetics Consulting and any documents, discoveries, inventions, patents or designs) are and will remain the property of Technetics Consulting.
The Customer acknowledges that Technetics Consulting has not made any warranty or representation, express or implied, in relation to the Products or the Services, including whether they are suitable for a particular purpose (whether such purpose was known to Technetics Consulting or not).
NO IMPLIED TERMS
To the fullest extent permitted by law, the parties agree to exclude any terms, which would otherwise be implied into these Terms by any statute. The liability of Technetics Consulting for a breach of a condition or warranty implied into this agreement by the Trade Practices Act is limited at the option of Technetics Consulting:
If the breach relates to goods, to the replacement of goods, or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired; and
If the breach relates to services, the supplying of services again or the payment of the cost of having services supplied again.
LIMITATION OF LIABILITY
Technetics Consulting will not be liable to the Customer for any direct, indirect or consequential losses or damages for loss of profits, revenue, data or use arising out of or in relation to the supply of Products and/or Services, even if Technetics Consulting knew or should have known of the possibility of such loss or damage and whether damages are claimed in contract, tort (including negligence) or statute. Technetics Consulting's aggregate liability for any breach of these terms (other than for personal injury, death or damage to tangible property) will be limited to the value of goods and services, which are the subject of the breach.
All notices must be in writing and sent by mail, hand delivery or transmitted by facsimile to the address or facsimile number of the receiving party.
No leniency, indulgence or extension of time granted by Technetics Consulting to the Customer will prejudice any of Technetics Consulting's rights in any way or constitute a waiver of any pf Technetics Consulting's rights.
If any of these Terms and Conditions are for any reason declared to be or become unenforceable, invalid or illegal, the remaining terms will remain in full force and effect.
The laws of Victoria govern these Terms and Conditions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of Victoria.
GOODS & SERVICES TAX
G.S.T. will be added at the prescribed rate to all taxable items and collected on behalf of the Commissioner of Taxation.