Dot Net NZ Limited T/A Computer Freeks (NZ) - INSTORE REPAIR TERMS OF TRADE.
By leaving your Equipment with us for service work, you confirm that you accept the following terms of service:
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by Computer Freeks (NZ)
1. Our Services
a. We will provide repair, upgrade, fault resolution and installation services, as may be required for your Service Request, in relation to your Equipment (whether as a Warranty Claim or outside of warranty).
b. We usually perform our services at our premises, with it being your responsibility to deliver and collect your equipment. However, we may agree to perform our Services at your site, in which case we may charge amounts for travel time and costs in addition to our quoted charge or Standard Rate, as the case may be. If you request us to freight your Equipment to or from you, it will be done solely at your risk, with additional charges from us for such freight.
c. We perform our services during regular business hours, 8.30 am to 5.00 pm, Mondays to Fridays (excluding public holidays). If you require urgent 'out of hours' services, we may charge an hourly rate higher than our Standard Hourly Rate (if we still need to provide you with a quote to perform such services).
d. Although we will use all reasonable endeavours to provide you with your desired outcome to our services, due to several potential issues relating to your Equipment (including make, type, any prior damage, the software installed, any viruses etc.), we are unable to guarantee that we will be able to provide any particular service outcome.
e. You warrant that you have all necessary rights and third-party consents as may be required to enable us to perform your Service Request.
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2. Outwork
a. We will coordinate repairs and service work on your equipment as required by your Service Request
b. In the course of facilitating the services, Dot Net NZ Ltd t/a Computer Freeks (NZ) may utilise the services of third-party service organisations. Dot Net NZ Ltd t/a Computer Freeks (NZ) will notify you that a third party is being used in these cases
c. Whilst Dot Net NZ Ltd t/a Computer Freeks (NZ) will endeavour to ensure quality service levels are maintained, Dot Net NZ Ltd t/a Computer Freeks (NZ) does not guarantee the level of work undertaken by these third parties
d. Dot Net NZ Ltd t/a Computer Freeks (NZ) will use best efforts to represent you in the case of any dispute with a third party
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3. Parts and Accessories
a. Subject to clause 4(a) below, any parts or accessories supplied to you as part of our services will be charged to you in addition to our service charge and any other charges (unless any quote from us expressly includes such additional costs). The title to such hardware items will pass to you upon our full payment receipt.
b. Specific Terms Relating to Parts Enquiries and Purchases: All parts sales are final and will not be accepted for return or refund due to incorrect parts orders. If received parts are faulty, they will be tested and replaced if necessary. A fee may apply if no fault is found. All parts carry a 90-day warranty unless specified otherwise. The Dot Net NZ Ltd t/a Computer Freeks (NZ) Terms of Trade apply to spare parts and accessory sales
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4. Charges and Payment
a. If your Service Request constitutes a Warranty Claim, then any obligation stated in these terms for you to pay charges to us will not apply if and to the extent that our charges are covered and paid for under your particular Warranty Claim. If our charges are not paid by the equipment manufacturer under a Warranty Claim, then you will be fully responsible for paying our bills (irrespective of your rights or otherwise against such manufacturer).
b. In some cases, Dot Net NZ Ltd t/a Computer Freeks (NZ) will coordinate service and involve third-party service providers. In these cases, Dot Net NZ Ltd t/a Computer Freeks (NZ) will charge you a handling fee over and above any fees charged by the third-party service provider or any allowances you may be eligible for under warranty or insurance terms. You will be informed of these charges at the time of booking or as soon as possible thereafter
c. Our charges to you will either be as we quote to you or as per our Standard Rate(s), subject always to these terms and conditions. A minimum charge applies to all service jobs. That minimum charge will be as notified by us from time to time.
d. Unless we have agreed in writing to extend credit to you, you must pay our charges in full (cash, EFTPOS bank transfer or a credit card approved by us) before you collect your Equipment from us. Suppose we agree in writing to extend credit to you. Unless we agree otherwise in writing, you will pay all sums due on or before the 20th day of the month following the month in which our invoice is dated, without set-off, counterclaim or any deduction whatsoever. You must provide us with your organisation's valid purchase order document before we commence our services.
e. Your Equipment must be collected by you within 7 (seven) days after we notify you that it is ready to be collected. If you do not pay our charges (whether under a cash or credit arrangement), we have the right to retain your Equipment and sell it 60 days after we first demand payment from you. You will be liable to pay our costs associated with recovering your debt (including our legal and other agency fees). We will be entitled to deduct and retain all such sums from the proceeds of any sale of your Equipment under this clause. You will continue to be liable to us for any shortfall following any such deal.
f. Clauses 3 and 4(d) above potentially create security interests in our favour. If such interests are created, we may register one or more financing statements on the Personal Property Securities Register to protect our position.
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5. Your Equipment and Data
a. We will endeavour to take all reasonable care of your Equipment. However, your Equipment is supplied to us at your risk. You must make sure that your Equipment is fully insured at all times.
b. You must ensure that all software and data on your Equipment are backed up by you before providing your Equipment to us. We will not be responsible for any data loss from your equipment.
c. If we need to send your Equipment to the manufacturer or another third party for any reason, you accept that we cannot be held responsible for the security or confidentiality of the data on your Equipment (including any personal information). We recommend that you remove any exceptionally personal or sensitive data before providing your Equipment to us.
d. You consent and warrant that you have all third-party consents regarding providing all personal information to us. In the context of a Warranty Claim or other service, we may need to provide your personal information to the relevant manufacturer or third party for verification and quality purposes, including confirming the service transaction and submitting a customer survey. You consent to such disclosure. You also agree to receive electronic communications from us from time to time about goods or services which we provide or may promote in future.
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6. Liability
a. Subject to clause 6(b) below, we will not be liable to you for any amount which exceeds the total charges which you have paid to us in the 12 months immediately preceding any claim from you, provided that in no case will we be liable for any indirect or consequential loss, including without limitation, any loss of revenue, loss of profits, or loss of data.
b. All warranties and indemnities, and all potential liability which may be attributable to us, which is contained in any legislation, regulation or other law, is excluded from this agreement to the fullest extent permitted by law, including, in particular, the provisions of the Sale of Goods Act 1908 as amended, and the requirements of the Consumer Guarantees Act 1993 provided you are purchasing our services for business purposes. Nothing in this agreement is intended to limit any legal rights and remedies you may have that we are not permitted by law to exclude or restrict.
7. Delivery/Shipping a. Dot Net NZ Ltd t/a Computer Freeks (NZ) utilises company-run delivery vehicles and courier services to provide pick-up and return delivery services b. Insurance of goods in transit is the responsibility of the owner of the goods
8. Definitions
Equipment means the equipment and related property supplied by you as noted in the Service Request Form; Service Request means your request for our services as detailed in the Service Request Form, Booking Form or as otherwise requested by you; Standard Rate or Charge means our standard rate for services (plus GST) as notified by us from time to time (excluding any parts, accessories or third party services);
Warranty Claim means a claim by you that your Service Request is covered by a warranty issued by a manufacturer who we are expressly authorised to perform services for;
You, your means you our customer as stated in the Service Request Form, Booking Form, or as notified by other means; and We, our, us means Dot Net NZ Ltd t/a “Computer Freeks (NZ)."
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