In these Conditions:
Telefix means Electronic Corporation Pty Ltd as trustee for Telerep Trust trading as Telefix IT, Adelaide Telefix and CompuClinic.
Data means any information or electronically stored information of any kind contained or otherwise stored in any storage device or memory in any item of Equipment. It includes without limitation computer programs, word processing files, documents, spreadsheets, music, videos, songs, games, messages, lists, settings, configurations, tokens, electronic identification, keys, cryptography, names, addresses, contact details and any application or system software or other data files and the order in which such information or data is kept.
Services means the assessment, inspection, repairs, work, duties and professional services carried out by Telefix and includes the supply of any goods, facilities and equipment that may or may not be used as part of the provision of those services for example replacement parts.
Equipment means the appliance, device, goods, item, accessories and associated items presented for Services or described in the work order form.
Non-excludable condition means any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which by law cannot be excluded, restricted or modified.
1. Unless other terms and conditions are expressly accepted by Telefix by written amendment which refers to the terms and conditions to be amended, these terms and conditions of service (Conditions) exclude and supersede all prior discussions, representations and arrangements and any other implied, oral or written terms and conditions whether or not they are endorsed on, delivered with or referred to in any purchase order or other document delivered by the Customer to Telefix.
2. Consumer Rights. Nothing in these Conditions must be read or applied so as to exclude, restrict, modify or have such effect on any Non-excludable condition.
3. Data Disclaimer. The repair of your goods may result in the loss of any user-generated Data, please ensure that you have made a copy of any Data saved on your Equipment. The Customer represents and warrants that they accept and understand that potential loss of all Data is a possibility in performing the Services and acknowledge that they have been given the opportunity to back-up the Data. In performing back-up and recovery Services any or all Data may be lost and may not be fully or partially recoverable. The Customer agrees that Telefix is not liable for and the Customer releases Telefix from any claims in respect of any loss of, damage (physical or otherwise), theft, corruption or destruction to any Data howsoever arising which may occur as a result of the provision of Services or whilst the Equipment is in the possession or control of Telefix. This disclaimer extends to any loss, damage, theft or destruction to cassettes, discs, media, heads, drums, drives, consumables, storage, card, stick, memory device, cartridge, and Equipment as a result of the provision of Services.
4. Supplies. Equipment presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods. In the event a part is replaced, the original part will be either returned to our supplier or disposed immediately upon completion of repair.
5. Limited Guarantee. Except for any mandatory liability imposed by law or under a Non-excludable condition, Telefix's liability for Services is limited to making good any defect of which Telefix receives notice within 3 calendar months of the Services being supplied which has arisen solely from faulty workmanship or materials provided that (a) the Equipment has not received maltreatment, inattention, interference or alterations (b) is used or operated in compliance with the manufacturer's instructions (c) is promptly returned free of cost to Telefix and (d) parts are still available from the manufacturer. Software configurations (such as virus cleans, device and software setup, etc) are only guaranteed in so much as they work at the time the unit is collected or returned.
6. Exclusions. Except for the statements, representations or warranties in these Conditions or any Non-excludable condition, Telefix is not liable to the Customer and the Customer releases Telefix from any claims in respect of any loss, damage or injury, direct or indirect, howsoever arising, which is suffered or incurred by the Customer or any other person by reason of or in connection (whether directly of indirectly) with the provision or non-provision of the Services or of the operation or inoperability of the Equipment. This exclusion includes liability arising from negligence, faulty design, materials, workmanship or misuse of Equipment.
7. Liability for Breach of Warranty. The liability of Telefix for a breach of any Non-excludable condition is limited at Telefix's option to the repair of the Equipment or payment of the cost of having the Equipment repaired or of supplying replacement Equipment in similar condition.
8. Customer's Warranty. The Customer warrants that the Customer has the right to provide the Equipment to Telefix for Services and in so doing does not infringe the rights of any third party including the owner of the Equipment.
9. Risk. Telefix will take all reasonable care and caution with the Equipment however the Customer accepts that any damage or loss to the Equipment or Data is at all times completely at the Customer's risk and the Customer releases Telefix from any liability in respect thereof. The Customer accepts that the Equipment remains at their risk and is not insured by Telefix against loss from fire, damage, interference or theft.
10. Lien. Telefix has a general lien over all Equipment in its possession for any money owed to Telefix under this or any other agreement with the Customer.
11. Title. Telefix shall retain title to all goods supplied to the Customer until Telefix has received payment in full for the goods and all other Services supplied.
12. Storage and Disposal. The Customer is required to collect the Equipment within 7 days from the date of completion. Telefix will undertake reasonable efforts to contact the Customer and if the Customer fails to collect the Equipment within this period, Telefix may make a reasonable charge for storage. Equipment not collected within 6 months of completion will be deemed abandoned and Telefix will dispose of Equipment (subject to the law) and benefit in full from any proceeds.
13. Telefix is not liable for and the Customer releases Telefix from any claims in respect of any delay in the provision of the Services. Any timeframe indicated to the Customer for performance of the Services at any time is approximate only and time is not of the essence in this regard.
14. Information. When accepting a repair request, Telefix will collect details of the Customer (such as name, date of purchase, address and phone number) and the Equipment that are necessary to conduct the repair. Telefix will record such information. Telefix may use this information to communicate with the Customer to keep them informed of the progress of the Services and regarding further products and services.
15. Surcharge. Should the Customer after arranging with Telefix to pick up, deliver, examine or repair the Equipment fail to provide access to the same during normal business hours, necessitating special arrangements, Telefix is entitled to charge the Customer a surcharge for any additional pick-up, delivery or attendance.
16. Software and Data. The Customer agrees that they will not ask Telefix to load any Software that is not licensed to them and that the Data or software loaded on the equipment is not illegitimate, illegal, obtained in an illegal manner or sanctioned by law in any other way. Telefix may notify a relevant authority or provide your Equipment to them if it reasonably believes that any Data breaches any law. In performing the Services, Telefix reserves the right to view, add, remove or change Data, configurations, components and hardware to perform the Services and the Customer accepts that additional Data licensing fees may be applicable.
17. Initial Fees. If the Customer is not entitled to a free repair under their statutory rights or manufacturer warranty or extended warranty, the Customer agrees to pay an Assessment Fee or Call-out Fee as applicable and agrees that this fee is for initial assessment or call-out only and is non-refundable. Fees for pickup, assessment and delivery will apply where a Service has been requested under manufacturer's or extended warranty and it is subsequently discovered that; the warranty does not cover that Service, user or physical damage or virus or software is the cause, or no failure is identified.
18. GST. Any consideration payable by the Customer for the provision of a taxable supply is quoted on a GST exclusive basis. The Customer must pay any GST payable by Telefix on the taxable supply on receipt of a tax invoice.
19. Notices. Notices to Telefix must be given in writing by post or facsimile to their trading address and is received only if it is actually received by Telefix.
20. Continuing Rights. Failure by Telefix to enforce any rights hereunder shall not be deemed a waiver of any such rights, nor operate so as to bar the exercise or enforcement thereof at any time thereafter.
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