NetSense Computers Kiama

Standard Terms and Conditions of Sale

Index

Definitions

The Company: Ironstone Technology Pty Ltd Trading as NetSense Computers (hereinafter referred to as The Company).

Contract: The agreement between The Company and the customer for supply of goods and services as defined by the Proposal, Quotation, Estimate and/or Invoice, or oral or written request of the customer, and include these Terms and Conditions unless otherwise agreed in advance. The Contract is limited to those goods and services specifically requested by the customer.

Third-Party Products: Products not developed by The Company.

Interpretation

The Contract will be interpreted according to the laws of New South Wales and Australia. If any portions of it become illegal through any process, they will be deleted without negating the remainder.

Basis and Validity of Price

Prices quoted include GST, unless otherwise specified.

Prices for hardware, Third-Party software and Third-Party services are valid if accepted within 7 days of the date shown, and subject to confirmation thereafter, unless otherwise stipulated.

Prices for services are valid if accepted within 30 days from the date shown, and subject to confirmation thereafter, unless otherwise stipulated.

Reasonable Expectations

Prices are based on reasonable expectations of customer configuration based on site inspections and the assumption of professional maintenance and preparation for the Contract. Should these expectations prove incorrect, NetSense Computers reserves the right to levy additional reasonable costs.

Acceptance of Contract

The Contract will be considered to have been accepted on:

  • the receipt by The Company of an official Purchase Order or company letter from the customers
  • an oral acceptance, whether or not confirmed in writing
  • an email or verbal instruction to proceed
  • payment by the customer of a deposit

Such acceptance will constitute acceptance of all provisions of the Contract unless specifically excluded and agreed by The Company.

Acceptance of a Contract by the customer does not constitute a commitment by The Company to supply as ordered.

Terms of Payment

Payment is due on presentation of invoice, or as otherwise defined in writing. Any alternative arrangements must be approved in writing by The Company prior to commencement of Contract.

Verification of Completion

On completion of The Contract, Company personnel will conduct testing to verify completion. The customer will ensure access is provided to confirm completion of The Contract.

Uncontrollable Resources

Where any part of the Contract relies on External, Third Party or customer-Owned or Provided Hardware, Software or Services over which The Company cannot be expected to exercise control, The Company will not be held liable for the quality or timeliness of such work, or for its correction. Where The Company incurs costs due to such External, Third Party or customer-Owned or Provided Hardware, Software or Services, additional charges may apply.

Additional Work

Work considered by The Company to be outside the scope of work estimated may incur additional costs. Such additional cost will be agreed as described in Variation of Contract (below).

Variation of Contract

The Contract may be varied by agreement between The Company and the customer. Consequent changes in the Contract fee will be agreed in writing, or be charged at The Company's normal hourly rate.

Ownership of Goods Supplied

The ownership of all hardware and software supplied under the Contract, and the rights to all materials prepared under the Contract, will remain with The Company until all invoices are paid at its conclusion.

Unclaimed Goods

A storage charge of $15 per month accrues on unclaimed goods, starting one calendar month after the date The Company notifies the customer the goods are ready for collection or delivery.

Unclaimed goods become the property of The Company after 90 days unless prior arrangements are made for storage and payment of outstanding balances. Disposal of unclaimed goods is at the discretion of The Company, and the moneys received from disposal will be credited against any unpaid balance.

Non-payment of Invoices

Balances outstanding for more than 30 days will attract a monthly service charge of $10.00. The Company reserves the right to suspend or terminate work where invoices have not been paid.

Where The Company has supplied goods and services for which it has not been paid, but which are in use by the customer, The Company reserves the right to disable such goods and services until paid. A re-enabling charge may apply.

If there is total default of payment, The Company will initiate legal action through the Local Court to recover Contract fees. The costs of that action accrue to the customer's account.

Termination of Contract

The Company and customer may mutually terminate the Contract, or the customer may unilaterally terminate the Contract by written notice. In either event, termination is subject to payment of all outstanding fees and expenses, including payment for partially completed work, unless otherwise agreed by The Company.

Personnel

The Company will make any required selection of staff or sub-contractors allocated to any or all of the Contract.

Intellectual Property

The Intellectual Property and copyright for all work carried out by The Company remains with The Company unless specifically included in the Contract.

Confidentiality

The Company undertakes to divulge only such customer information and documentation as is agreed, and only to those persons and organisations agreed. The customer undertakes to divulge only such Company information and documentation as is agreed, and only to those persons and organisations agreed. All such agreements will be in writing.

Non-Acceptance of Technical Advice

Where the customer does not accept or otherwise fails to act in accordance with technical advice provided by the Company, all consequent costs will be borne by the customer, and no liability will be accepted by the Company.

Liability

Under no circumstances and under no legal theory, tort, Contract, or otherwise, will The Company, its Suppliers or Resellers be liable to the customer or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work cessation, computer malfunction, or any and all other commercial damages or losses.

In no event will The Company, its Suppliers or Resellers be liable for any damages in excess of The Company's list price for the Products or Services, even if The Company, its Suppliers or Resellers shall have been informed of the possibility of such damages, or for any claim by any other party. This limitation of liability will not apply to liability for death or personal injury to the extent applicable law prohibits such limitation.

The customer always bears responsibility for the integrity of their data and backups. The Company, its Suppliers or Resellers will not be held liable to the customer or any other person for any data loss whether or not resulting from failure of or to backup, whether or not any such backup was configured by The Company.

Warranty

Hardware

Products sold by The Company carry a 12-month warranty unless other wise stated on the goods. Selected components may have extended manufacturer warranties. Any 2nd-hand components carry a 1-month warranty.

In the event of failure within the warranty period, The Company will investigate, and arrange to have the components repaired or replaced (at the manufacturer's discretion) at no cost to the customer. 2nd-hand components will be replaced by components of a similar age and condition.

In the event a component fails outside The Company's warranty period but within the manufacturer's warranty period, The Company will investigate, and arrange to have the component repaired or replaced (at the manufacturer's discretion) at no cost to the customer. Charges may apply for removal and re-installation of the components.

The Company will not be held liable for the timeliness of warranty replacement or repair conducted by the component manufacturer, or for loss of software or data resulting from component manufacturer repair or replacement.

Software & Configuration

The Company provides no warranty on the functionality or reliability of software, or its compatibility with any system or other software.

In the event of a software configuration-related deficiency discovered at the time of delivery, and the fault is reported within 7 days, The Company will correct, at no charge, any issue where we believe the fault was present at the time of delivery, and where the customer has .

Services

In the event of a deficiency discovered in a service provided by The Company within 7 days of the completion of the Contract, The Company will correct, at no charge, any issue where we believe the fault was present at the time of delivery.

Disputes

If any unresolved disputes arise as to the interpretation or execution of the Contract, the dispute will be referred to the Local Court.

Non-Waiver

Failure of The Company to enforce any right within this Contract will not constitute a waiver of such right or of any other right, and will not prohibit the exercise of the same right at a future date.

 


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