Terms of Trade

Terms and Conditions of Contract and Trade

Computer Troubleshooters – Parramatta will hereby be referred to as “Computer Troubleshooters”.

1.  
   1. Payment Terms: Strictly Net against invoice unless a deferred payment term is agreed between the Client and Computer Troubleshooters at time of quotation.
   2. Payment may be made by direct bank deposit to our bankers, commercial cheque and/or banker’s cheque in favour of Computer Troubleshooters or by credit card (cards accepted may vary from time to time at Computer Troubleshooters option). A surcharge for payment by credit card will be applicable to all such transactions.
   3. In the event that a cheque, credit card payment or funds transfer is dishonoured then Computer Troubleshooters reserves the right to debit the client with an additional handling fee of 1% of the total transaction or $50.00 whichever is the greater, plus all financial institution fees and charges rendered upon Computer Troubleshooters as a result of the dishonoured transaction.
   4. Title of Goods: Title of goods does not pass until payment is received in full by Computer Troubleshooters. The client must hold insurance and fully indemnify Computer Troubleshooters in all aspects until title is passed. In the event that the client uses the goods/products in some manufacturing process of its own or for a third party, then the client shall hold first monies received from the proceeds of such manufacturing process as relates to the goods in trust for Computer Troubleshooters. Such part shall be deemed to equal in dollar terms the amount owing to Computer Troubleshooters at the time of the receipt of such proceeds. Until the passing of Title of Goods has been procured by the full payment of all monies due to Computer Troubleshooters by the client, Computer Troubleshooters retains the right of entry to the applicant’s property (commercial and/or private) to recover Computer Troubleshooters’ goods without notice to the client.
2. Should there be any default in payment terms, all monies owing by the client to Computer Troubleshooters shall become immediately due and payable and a Credit Bureau Default may be lodged without further notice.
3. Computer Troubleshooters reserves the right to charge interest at ruling (NSW) court rates calculated daily from the date of invoice on all overdue accounts exceeding 60 days after the date of invoice. Where GST is payable on any invoice, 2% per month is payable on the GST portion unpaid after the due date for payment. For the purpose of calculating the penalty interest for non-payment of GST, the due date for payment shall be deemed to be seven (7) days from the date of invoice.
4. Computer Troubleshooters reserves the right to recover from the client all expenses, costs and/or disbursements incurred in recovering any outstanding monies including all search fees debt, collection and/or solicitors’ fees plus all legal costs.
5. In the event of payment default, Computer Troubleshooters reserves the right to withhold the supply of goods, services and ongoing support at any time without notice to the client.
6. The client will notify Computer Troubleshooters of all material changes, in name and/or financial status, which may result in the need to complete an additional application for Commercial Credit.
7. Should this client be successful, a fixed credit limit will be determined by Computer Troubleshooters In the event that the client exceeds the credit limit Computer Troubleshooters reserves the right to withhold the supply of goods, services and ongoing support without notice.
8. If the client is a Trustee, the Directors warrant that they have the authority and power to enter into this agreement and personally guarantee the performance of all of the trusts obligations under this agreement.
9. The client agrees to be bound by the Terms and Conditions of Contract of Trade for: Delivery, Claims on Delivery, Returned Goods, Delivery Containers, Transport Charges, Pricing, Warranty and Written Contracts, when and where as stated on the current price list, invoices and/or notices sent to all customers of Computer Troubleshooters.
10. The client acknowledges that Computer Troubleshooters is entitled to presume that any person forwarding instructions from the client’s office (and/or other premises that the client uses from time to time) purporting to have the authority to bind the client to a contract for the supply and delivery of goods and/or services from Computer Troubleshooters, has the authority they claim not withstanding the names and signatures of authorized personnel listed in a commercial credit application by the client to Computer Troubleshooters.
11. These Terms and Conditions of Contract and Trade are additional to and together with any other Terms communicated in respect of the sales of goods and/or services, where they are in conflict the latest published Terms and Conditions shall prevail, as shall be the case where Special Terms and Conditions are negotiated at the time of quotation and these are acknowledged by both Computer Troubleshooters and the client in writing that the said Special Terms and Conditions shall prevail.
12. 1. Prices and other charges and discounts offered are subject to alteration without notice. Should an order be received by Computer Troubleshooters requesting supply on non-current pricing terms, Computer Troubleshooters has the right to amend the prices, charges and discounts to reflect prevailing pricing terms.
    2. Unless otherwise stated all prices are ex Computer Troubleshooters facility. Freight and insurance are at the client’s care.
    3. Service calls are subject to a call out fee This fee may be required to be paid in advance prior to Computer Troubleshooters its employees, agents, servants and any sub contractor acting on behalf of Computer Troubleshooters visiting the client’s premises. The call out fee will cover the first 30 minutes or part thereof, thereafter, labour will be charged at an hourly rate in 15 minute increments.
13. These Terms and Conditions of Contract and Trade shall be binding upon the client its successors, executors, receiver managers/administrators and permitted assigns and shall inure to the benefit of Computer Troubleshooters its successors and assigns.
14. Where applicable, GST is payable on all goods and services supplied by Computer Troubleshooters. GST is calculated on the full invoice cost where applicable. Where GST is payable and is not paid within the allowed credit terms, the penalty clauses as mentioned in Clause 3 above shall apply.
15. Special orders for customised equipment and/or software are non- cancellable and may be subject to a 10% deposit followed by the full balance of payment on delivery from Computer Troubleshooters to the client regardless of any special payment terms that apply for purchases of standard equipment and/or services.
16. Goods indented from overseas and/or locally on behalf of the client are, after either the signing of Computer Troubleshooters indent agreement by the client or by the issuance of the clients ‘official purchase order to Computer Troubleshooters, non cancellable and may require the initial order to be accompanied with a deposit and subsequent progress payments during the production and shipment of the said goods. The percentage of deposit and frequency of progress payments shall be negotiated at the time of the initial order and shall be incorporated within the Special Terms and Conditions of Computer Troubleshooters’ quotation and official offer of supply. Delivery of indented items shall be made as soon as practicable. Computer Troubleshooters shall be held blameless for non-delivery where Force Majeure prevails.
    Force Majeure; Neither party shall be held responsible for any delay or failure in performance of any part of any agreement between Computer Troubleshooters and the client to the extent such delay or failure is caused by events beyond such party’s reasonable control, such as fire, flood, explosion, war or the engagement of hostilities, strike, embargo, labour dispute, government requirement, civil or military authority requirement, and inability to secure materials or transportation facilities. Each party will endeavour to give the other party reasonable notice of delay.
17. Warranty Claims:
    1. All claims for damaged in transit goods and/or materials must be in writing and received within fourteen days of receipt of Goods and/or Materials by the client.
    2. Goods and/or Materials supplied by Computer Troubleshooters are covered by the manufacturer’s warranty. All claims relating to the quality of the product supplied must be in writing to Computer Troubleshooters detailing the complaint together with a copy of the original invoice and delivery docket.
    3. All labour performed by Computer Troubleshooters carries a 30 day warranty. Claims made after this period will be chargeable at the normal hourly
    4. In the event that a warranty claim is made the following shall apply. For goods and/or materials returned to Computer Troubleshooters that are to be returned to the manufacturer by Computer Troubleshooters for assessment by the manufacturer under warranty, freight charges to Computer Troubleshooters shall be covered by the client until the warranty claim has been resolved by Computer Troubleshooters with the manufacturer. The cost of freight to the manufacturer will be covered by Computer Troubleshooters and in the event that the warranty claim is disallowed Computer Troubleshooters reserves the right to debit the client with all freight charges incurred by Computer Troubleshooters in relation to the disallowed warranty claim.
18. Upon the issuance of a purchase order from the client to Computer Troubleshooters, written or verbal, it shall be deemed that the client has accepted in full and without exception all clauses stated in the Terms and Conditions of Contract and Trade of Computer Troubleshooters. Also that by the issuance of their purchase order or verbal order instructions the client has agreed to be bound by the said Terms and Conditions of Contract and Trade of Computer Troubleshooters without exception.
19. The client shall ensure the safety of Computer Troubleshooters, its employees, agents, servants and any sub contractor acting on behalf of Computer Troubleshooters while they are present on the client’s premises and/or property. It shall be the clients’ responsibility to maintain a safe working environment free from noxious odours and items that may be regarded as or may create a hazardous working area. Computer Troubleshooters reserves the right to vacate the premises on the grounds of an unsafe working environment. Computer Troubleshooters further reserves the right to charge the client a penalty of not less than $120.00 per hour or part thereof per worker up to the normal time of cessation of the normal working day (excluding overtime periods). Where such delays occur Computer Troubleshooters shall endeavour to complete the project on time but should the project over-run the original anticipated completion date then the client unconditionally agrees to accept such over-runs that have been caused as a result of the client’s premises being considered an unsafe working area.
20. In the event of changes to the current government taxes, levies and charges that the client is liable to pay to Computer Troubleshooters. Then the client agrees to pay to Computer Troubleshooters such new or increased taxes, levies and charges that are imposed by the Commonwealth Government of Australia and/or any State or Territory Government within the Commonwealth of Australia.
21. Any dispute or action in relation to these Terms and Conditions of Trading shall be subject to the absolute jurisdiction of the laws of the state of New South Wales.