IT Masters - terms and conditions of trade

Our Working Terms and Conditions of Trade
BRISBANE - 24 HOUR 7 DAY ONSITE COMPUTER SERVICE

IT Masters has a proud record of exemplary trading and superior customer service.
These terms define the basis of their relationship with you the Client. They are there to protect both parties by clearly and concisely defining the mutual obligations.

IT Masters - Terms and Conditions of Trade - Effective 1st July 2007.

A. Definitions
In this document the following have defined meaning:
”ITM” means Universal IT Australia Pty Ltd., ABN 67 694 523 141, trading as IT Masters Onsite Computer Service.
"Client" means the person, entity or business (or their authorized representative) that is the purchaser of the Products and Services offered by ITM;
“Agent” means a person entity or business acting on behalf of the Client;
“Services” means the Products or Services or Hire Items or Support Programs on offer from ITM.
“Event” is the situation bringing ITM together with the Client.

B. Construction
This document and documents referred to by this document, constitute the entire agreement about ITM’s sale of Services to Clients. This document supersedes all prior understandings, arrangements and agreements.

Any reference in this document to the singular includes the plural and vice versa; and, the word "including" means "including, but not limited to," and the word "includes" means "includes, without limitation,".

All headings in this document have been inserted for the purpose of ease of reference only. They do not affect the meaning or interpretation of the document.

1. This Agreement between ITM and the Client
Placing an Order with ITM for Products or Services constitutes an acceptance by the Client of the terms and conditions of this Agreement. Except as required by Law and only then to the extent the Law requires, any qualification or variation to these terms and conditions contained in any document issued by the Client will be of no force or effect unless agreed to in writing by ITM.

2. Orders
2.1 Orders will be accepted only if they are in writing and communicated by hand, mail, fax, email, or other format to ITM by the Client.

2.2 A verbal Order from the Client, communicated in person, by telephone or by some other means; (or a text message communicated by telephone) may be accepted at the absolute discretion of ITM. If required, a Statutory Declaration signed by the ITM staff member accepting the order shall be taken as evidence that the order was placed.

2.3 Orders placed on behalf of a Client by a third party Agent shall become due and payable by the Agent if denied by the Client.

2.4 All orders placed by the Client are subject to acceptance by ITM at their absolute discretion; including times when insufficient supply or circumstances prevent ITM from fulfilling an order.

3. Payments
3.1 The price for Products or Services ordered by the Client will be as shown on an ITM Tax Invoice to the Client. This Invoice will show any items priced on any official ITM Cost Estimate or Quotation plus any additional items ordered verbally by the client during an Event. Payment must be made by the Client (in full) within the payment terms stated on the Invoice (unless otherwise agreed in writing).

3.2 Delivery of Products or Services by installments over time may be invoiced separately and must be paid for accordingly.

3.3 A Deposit may be required by ITM prior to acceptance of an order. The deposit amount is at the sole discretion of ITM.

3.4 The Client will be liable to pay interest on any overdue amount at the annual rate of 12% calculated daily from the date of Invoice to the date the overdue amount plus all accrued interest is paid.

3.5 If an invoice remains unpaid in full or part for 60 days ITM may submit the Client account to a collection agency and may recover the outstanding amount specified in the invoice including interest, legal costs, bank fees and charges and other expenses incurred in attempting to recover the debt and any fees and commissions or other amounts paid to any collection agency acting on ITM’s behalf.

4. Title
4.1 Title of Products sold by ITM to the Client are transferred to the Client only when paid for in full (including any overdue interest).

4.2 If the Client breaches these terms or any sales contract made between ITM and the Client, the Client authorizes ITM to enter any premises where the Product or Services are located so that ITM may inspect and/or reclaim the Products or Services.

5. Delivery
5.1 ITM will use its reasonable endeavors to ensure delivery dates, as scheduled, are adhered to. Scheduled times provided to the Client are however only planned estimates and ITM will not be liable for any loss, damages, or delay suffered or incurred by the Client arising from variations in the time of delivery or non delivery of Services whatever the cause.

5.2 Delivery by ITM to an Agent will be deemed to be delivery to you the Client. Product or Services ordered by the Client will be delivered to the delivery address provided by the Client and set out on the ITM Quotation. ITM reserves the right to charge for delivery if ITM so chooses for whatever reason.

5.3 Inspection and Acceptance after delivery - all Products and Services ordered by the Client should be inspected by the client as soon as possible after delivery. Any notice in relation to non-delivery or incorrect delivery must be made to ITM in writing and delivered by hand, fax or email to ITM within 3 days of delivery. If no such notice is issued, the Products or Services will be assumed to be accepted by the Client.

6. Risk
6.1 All Products and Services ordered by the Client for delivery will be at the Clients risk immediately upon assignment of the Products or Services to a delivery company (including ITM delivering the Services). In the case of any hired Products and Services this risk remains with the Client until items are returned to ITM control.

7. Returns Changes Cancellations
7.1 Returns - A Client may return any product sold by ITM if it is covered by a manufacturers warranty; such product will be repaired or replaced at the absolute discretion of ITM. ITM is not obliged to accept return of a product where a Client changes their mind.

7.2 Order Changes and cancellations - Products or Services once delivered or set-up are chargeable to the Client. Changes and cancellations BEFORE DELIVERY will, where possible, be accommodated by ITM at no charge to the Client - except where the Product or Service has been especially acquired or reserved for the Client’s Event. ITM at their absolute discretion will determine whether or not an Ordered Product or Service is chargeable to the Client.

7.3 Third Party Products or Services that have been purchased by ITM on behalf of a Client are subject to individual return policies. All Third Party fees and charges payable by ITM in respect of a Client Order will be invoiced to the Client together with any associated service fees that may be due to ITM.

7.4 ITM will not be liable for damage or defect in Product or Services caused by Client neglect, improper use, installation, maintenance or any unauthorized repair.

8. Warranties
8.1 ITM will pass on to the Client any manufacturers warranty associated with Products or Services sold.

8.2 ITM warrants the Services supplied do not infringe any patents, trademarks or other intellectual property rights of third parties.

8.3 ITM further warrants that Services will be rendered with due care and skill and any Equipment supplied is of reasonable quality and fit for the purpose for which it was designed.

8.4 ITM when supplying Products and or Services will comply with the provisions of all relevant legislation and the requirements of any applicable State, Commonwealth or Local authority.

9. Limit of Liability
9.1 Notwithstanding anything contained in these terms of trade to the contrary, ITM's maximum liability under any Order will not exceed the aggregate of the purchase monies received by ITM for that order.

9.2 ITM will not be liable (except as required by Law and only then to the extent the Law requires) to the Client or any other person under any circumstance for any loss of use, profit, revenue, interest, goodwill, data, for any injury or death to any person, or for any indirect, incidental or consequential damages sustained or incurred by Client, whether such liability arises directly or indirectly as a result of: the sale, performance or use of any Products or Services; or any negligent act or omission or willful misconduct of ITM or its employees or agents; any breach by ITM of its obligations under these Terms or any relevant Sales Contract.

9.3 ITM will use its reasonable endeavors to perform its obligations under these Terms of Trade but will not be liable for any failure to deliver ordered Products or Services where such failure is a result of an act of God, war (declared or undeclared), terrorist attack, blockade, disturbance, lightning, fire, earthquake, storm, flood, explosion, governmental or quasi-governmental restraint, expropriation, prohibition, intervention, direction or embargo, strike, lockout or other interference with work; unavailability or delay in obtaining governmental or quasi-governmental approvals, consents, permits, licenses, authorities or allocations, and any other cause, whether of the kind specifically enumerated above or otherwise which is not reasonably within the control of ITM.

10. Intellectual Property
ITM own the Intellectual Property Rights (including copyrights) to all work they do and all information they give to you the Client as part of their support programs. They grant you a non-exclusive license to use that work and information for yourself, or internally within your company over the period covered by their Invoiced Services. ITM have the right to use and treat as non-confidential any information you may give them during your use of their Services unless you specify in writing the fact that certain material should be treated as being confidential.

11. Severability
The provisions of this agreement shall be deemed to be severable and any invalidity of any provisions of this agreement shall not affect the validity of the remaining provisions.

12. Governing Law
The contents of this agreement, its meaning and interpretation and the relationship to the parties are to be governed by the laws of Queensland Australia. The parties submit to the jurisdiction of the courts of that place.

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