1. |
Definitions
In these conditions:
"Conditions" means these Conditions of Provision of Goods and Services;
"Customer" means a person, firm or corporation, jointly and severally if there is more than one, acquiring goods or services from Empower IT Solutions;
"Goods" means goods supplied by Empower IT Solutions to the Customer;
"Express Service" means goods or services provided by Empower IT Solutions at the customer's premises within two hours of the Customer requesting services from Empower IT Solutions;
"GPO" means the central Post Office in the nearest Capital City;
"Same Day Service" means services provided by Empower IT Solutions on the same day as the service is requested, provided that a booking is made by the Customer prior to 12:00PM.
"Services" means services supplied by Empower IT Solutions to the Customer; and
"Empower IT Solutions" means Empower IT Solutions Pty Ltd (ABN 14 113 274 267).
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2. |
Basis of Contract |
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2.1 |
Unless otherwise agreed by Empower IT Solutions in writing, these Conditions apply exclusively to every contract for the sale of goods or services by Empower IT Solutions to the Customer and cannot be varied or supplanted by any other conditions without the prior written consent of Empower IT Solutions. |
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2.2 |
Any written quotation provided by Empower IT Solutions to the Customer concerning the proposed supply of goods or services is valid for 30 days and is an invitation only to the Customer to place an order based upon that quotation. The Conditions may include additional terms in Empower IT Solutions' quotation which are not inconsistent with these Conditions.
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3 |
Charges and Payment |
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3.1 |
Payment for goods and services must be made by cash, cheque or credit card on or prior to the completion of the provision of goods or services unless the Customer has a credit account with Empower IT Solutions. |
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3.2 |
Empower IT Solutions only accepts Visa & Mastercard credit card payments. If payment is declined for whatever reason, an Empower IT Solutions representative will attempt to contact the Customer either via email or, if a contact number is provided, directly by phone to make alternative arrangements. If, within 7 days of attempting to receive payment, the transaction is still declined, Empower IT Solutions reserves the right to cancel the transaction. |
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3.3 |
All Empower IT Solutions visits are chargeable and are charged in half hour blocks, with a minimum of one hour block, plus callout fees. Any part thereof is chargeable at the same rate as a full half hour. |
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3.4 |
All goods supplied by Empower IT Solutions are charged separately from the services. |
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3.5 |
Where there is any change in the costs incurred by Empower IT Solutions in relation to the goods or services, Empower IT Solutions may vary its price for goods or services on order to take account of any such change, without giving notice to the Customer. |
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3.6 |
Call-out fees may be applied at rates dependent on the Customer's suburb.
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4. |
Payment Default |
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4.1 |
If the Customer defaults in payment by the due date of any amount payable to Empower IT Solutions, or if any cheque drawn by the Customer is dishonoured, then all money which would become payable by the Customer to Empower IT Solutions at a later date on any account, becomes immediately due and payable without the requirement of any notice to the Customer, and Empower IT Solutions may, without prejudice to any other remedy available to it:-
(a) charge the Customer for all expenses and costs (including legal costs on a solicitor/own client basis and dishonoured cheque fees) incurred by it resulting from the default and in taking whatever action it deems appropriate to recover any sum due;
(b) cease or suspend for such period as Empower IT Solutions thinks fit, supply of any further goods or services to the Customer;
(c) by notice in writing to the Customer, terminate any contract with the Customer so far as unperformed by Empower IT Solutions; without effect on the accrued rights of Empower IT Solutions under any contract. |
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4.2 |
Clauses 4.1(b) and 4.1(c) may also be relied upon, at the option of Empower IT Solutions:
(a) where the Customer is an individual and becomes bankrupt or enters into any scheme of arrangement or any assignment or composition with or for the benefit of his or her creditors or any class of his or her creditors generally; or
(b) where the Customer is a corporation and, it enters into any scheme of arrangement or any assignment or composition with or for the benefit of its creditors or any class of its creditors generally, or has a liquidator, provisional liquidator, administrator, receiver or receiver and manager appointed, or any action is taken for, or with the view to, the liquidation (including provisional liquidation), winding up or dissolution without winding up of the Customer.
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5. |
Passing of Property |
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5.1 |
Until full payment in cleared funds is received by Empower IT Solutions for all goods supplied by it to the Customer, as well as all other amounts owing to Empower IT Solutions by the Customer:-
(a) title and property in all goods remain vested in Empower IT Solutions and do not pass to the Customer;
(b) the Customer must hold the goods as fiduciary bailee and agent for Empower IT Solutions;
(c) the Customer must keep the goods separate from its goods and maintain the labelling and packaging of the goods; the Customer is required to hold the proceeds of any sale of the goods on trust for Empower IT Solutions in a separate account however failure to do so will not affect the Customer's obligation to deal with the proceeds as trustee;
(e) Empower IT Solutions may without notice, enter any premises where it suspects the goods may be and remove them, notwithstanding that they may have been attached to other goods not the property of Empower IT Solutions, and for this purpose the Customer irrevocably licences Empower IT Solutions to enter such premises and also indemnifies Empower IT Solutions from and against all costs, claims, demands or actions by any party arising from such action.
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6. |
Risk and Insurance |
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6.1 |
The risk in the goods and all insurance responsibility for theft, damage or otherwise in respect of the goods will pass to the Customer immediately upon delivery of the goods to the premises nominated by the Customer. |
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7. |
Performance of contract |
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7.1 |
Any period or date for delivery of goods or provision of services stated by Empower IT Solutions is intended as an estimate only and is not a contractual commitment. Empower IT Solutions will use its best reasonable endeavours to meet any estimated dates for delivery of the goods or completion of the services. |
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8. |
Empower IT Solutions Warranties |
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8.1 |
Empower IT Solutions gives no warrant that it will always be able to diagnose the cause of any hardware or software problem; Full charges apply to the Customer for the time spent trying to diagnose the problem. Empower IT Solutions does not warrant that it will be able to fix all problems, which it diagnoses. |
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8.2 |
All goods and services supplied shall be free from defects in materials and workmanship for a period of 30 days from the date of delivery. |
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8.3 |
This warranty does not apply in circumstances where: (a) the goods or services are not defective; (b) the goods were used or services required for a purpose other than for which they were intended; (c) the goods were repaired, modified or altered by any person other than Empower IT Solutions; (d) the defect has arisen due to misuse, neglect or accident; (e) the defect has arisen due to normal wear and tear on the goods; (f) the goods have not been stored or maintained as recommended by Empower IT Solutions or the manufacturer; or (g) the Customer is in breach of the Conditions.
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9. |
Liability |
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9.1 |
Except as specifically set out herein, any term, condition or warranty in respect of the quality, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded. |
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9.2 |
Replacement or repair of the goods or resupply of the services is the absolute limit of Empower IT Solutions's liability howsoever arising under or in connection with the description, quality, condition, performance, assembly, manufacture, design, merchantability or fitness for purpose of the goods or services or alternatively the sale, use of, storage or any other dealings with the goods or service by the Customer or any third party. |
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9.3 |
Empower IT Solutions is not liable for any program or data loss or damage by any Customer arising directly on indirectly from the provision of the goods or services. |
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9.4 |
Any replacement of parts under warranty will be carried out at the premises nominated by Empower IT Solutions. The cost and risk of transport of any defective part to the nominated premises is the responsibility of the Customer. |
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9.5 |
Empower IT Solutions is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party. |
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9.6 |
Empower IT Solutions will not be liable for any loss or damage suffered by the Customer where Empower IT Solutions has failed to meet any delivery date or cancels or suspends the supply of goods or services. |
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9.7 |
Nothing in the Conditions is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.
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9.8 |
Empower IT Solutions shall not be responsible for any damage or consequential losses (whether direct or indirect) associated with damage to goods occurring during delivery. By accepting these terms and conditions, the customer acknowledges that s/he has sufficient notice of this disclaimer, s/he has entered into this transaction and accepted this disclaimer of his or her own free will. |
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9.9 |
Whilst Empower IT Solutions employs the latest in Secure Sockets Layer (SSL) technology software for its online transactions with our customers, Empower IT Solutions does not take responsibility for damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
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10. |
Fraudulent Use of Credit Cards |
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10.1 |
Empower IT Solutions’s primary goal is to ensure our many valued customers are assured that transacting with us is a secure, safe and easy procedure. We take online fraud very seriously and we take every conceivable step to minimise the risk of transacting with a person or persons who wish to fraudulently use credit cards. Therefore, if we have evidence to suspect that a transaction is being or will be conducted by the fraudulent or unauthorised use of a credit card; we will not enter into the transaction. If we have evidence of fraudulent or unauthorised use of a credit card during the course of a transaction or prior to delivery of our goods, we will take all reasonable steps to suspend and cancel the transaction and/or prevent the delivery of goods which are the subject of a suspected illegal transaction. We will also take all reasonable steps to notify the police services on the relevant jurisdiction and assist the police by providing all information pertaining to the transaction to facilitate a prosecution of the offender.
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11. |
Copyright in Software |
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11.1 |
Empower IT Solutions will not be responsible to the Customer or any third party for any breach of any software licence in respect of software provided to Empower IT Solutions by the Customer to be installed on a Customer's computer. |
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11.2 |
The Customer hereby indemnifies Empower IT Solutions against any loss, damage, costs, harm or other expense whatsoever arising either directly or indirectly as a result of Empower IT Solutions installing software at the request of the Customer.
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12. |
Cancellation & Refunds |
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12.1 |
If, through circumstances beyond the control of Empower IT Solutions, Empower IT Solutions is unable to effect delivery or provision of goods or services, then Empower IT Solutions may cancel the Customer's order (even if it has already been accepted) by notice in writing to the Customer. |
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12.2 |
If the Customer gives notice to Empower IT Solutions to cancel any request for service for goods or services after signing of contract and payment of deposit, then Empower IT Solutions may withhold deposit paid or charge a cancellation fee for the loss and damage caused, whichever is greater. |
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12.3 |
No refunds are offered if the Customer changes their mind or made an incorrect choice about the product or service, however a credit, less any shipping costs incurred, may be given depending on the circumstances of your claim.
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