TERMS OF TRADE

Assessment Fees (non warranty)

GST number: 70-892-596

By leaving your Equipment with us or sending your Equipment to us, you confirm that you accept the following terms of service:

1. Our Services

1. 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).
2. We usually perform our services at our premises, with it being your responsibility to deliver and collect your Equipment from us. 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 Hourly Rate as the case may be. If you request us to freight your Equipment to or from you then it will be done solely at your risk, with additional charges from us for such freight.
3. We perform our services during our normal business hours being 8.30 am to 5.30 pm Mondays to Fridays (excluding public holidays). If you require urgent ‘out of hours’ services, then we may charge an hourly rate which is higher than our Standard Hourly Rate (if we have not provided you with a quote to perform such services).
4. Although we will use all reasonable endeavours to provide you with your desired outcome to our services, due to a number of 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.
5. You warrant that you have all necessary rights and third party consents as may be required to enable us to perform your Service Request.

2. Outwork

1. We will coordinate repairs and service work on your Equipment as required by your Service Request
2. In the course of facilitating the services, Service Plus may utilise the services of third party service organisations as outwork. Service Plus will notify you that a third party is being used in these cases
3. Whilst Service Plus will endeavour to ensure quality service levels are maintained, Service Plus does not guarantee the level of work undertaken by these third parties
4. Service Plus will use best efforts to represent you in the case of any dispute with a third party

3. Parts and Accessories

1. 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 hourly service charge and any other charges (unless any quote from us expressly includes such additional charges). Title to such hardware items will pass to you upon our receipt of payment in full.
2. Specific Terms Relating to Parts Enquiries and Purchases: All parts sales are final, and will not be accepted for return or refund as a result of 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 Service Plus Terms of Trade apply to both spare parts and accessory sales.

4. Charges and Payment

1. 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 relevant Equipment manufacturer under a Warranty Claim, then you will be fully responsible for paying our charges (irrespective of your rights or otherwise against such manufacturer).
2. In some cases, Service Plus will coordinate service and will involve third party service providers. In these cases, Service Plus 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
3. Our charges to you will either be as we quote to you, or as per our Standard Hourly Rate, 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.
4. Unless we have agreed in writing to extend credit to you, you must pay our charges in full (cash, EFTPOS or a credit card approved by us) before you collect your Equipment from us.  A partial payment may also be requested prior to parts ordering – this will be advised to you at the time of quote acceptance where required. If we agree in writing to extend credit to you, then:
   • 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; and

   You must provide us with a valid purchase order document from your organisation before we commence our services.

5. 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 once 60 days expires after we first make demand for payment on you. You will be liable to pay our costs associated with the recovery of your debt (including our legal and other agency fees and charges). 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 with regard to any shortfall following any such sale.
6. 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 in order to protect our position.

5. Your Equipment and Data

1. 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.
2. You must ensure that all software and data which is on your Equipment is backed up by you prior to providing your Equipment to us. We will not be responsible for any loss of data from your Equipment for any reason.
3. 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). You should remove any data which is confidential, personal, private, or sensitive prior to providing your Equipment to us. You consent, and warrant that you have all third party consents, regarding the provision of 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 for verification purposes. You consent to such disclosure. You also consent to receiving electronic communications from us from time to time with regard to goods or services which we may promote.

6. Liability

1. 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 month period 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.
2. 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 provisions of the Consumer Guarantees Act 1993 provided you are purchasing our services for business purposes. Nothing in this agreement is intended in any way to limit any legal rights and remedies which you may have which we are not permitted by law to exclude or restrict.

7. Delivery/Shipping

1. Service Plus utilises company-run delivery vehicles and courier services to provide pick-up and return delivery services
2. 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 or as otherwise requested by you;
Standard Hourly Rate means our standard hourly 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 by to perform services for;
You, your means you our customer as stated in the Service Request Form or as notified by other means; and
We, our, us means Service Plus Group Limited trading as “Service Plus”.