As a client of 3C-Customer1st Computer Company, you agree to be bound by the terms and conditions stated in this document. You acknowledge that you have read and understand the terms and conditions.
3C-Customer1st Computer Company and you as the Client refers to the person or company purchasing goods or enlisting the services of 3C-Customer1st Computer Company.
Conditions of Sale of Goods:
All sales of hardware and software are made subject to the following conditions and by purchasing from 3C-Customer1st Computer Company, the purchaser accepts these conditions.
All new goods are covered with a return to base parts warranty for a period of time specified at the time of purchase on hardware only. Software and consumable goods are not covered by any warranty.
Warranty will be void if goods or labels have been found tampered with. Warranty does not cover any damage to other equipment used in conjunction with these goods or loss of data whilst using these goods or software.
Charges and Payment
All prices inclusive of GST and are in New Zealand dollars unless otherwise specified. 3C-Customer1st Computer Company may require payment in advance for the supply of any hardware or software for the client.
If an on account payment is offered, payment of the account is due within the agreed terms; otherwise the remainder of the account is due immediately following the issuing of an invoice.
Scope of Services
3C-Customer1st Computer Company is Clients’ primary point of contact for all systems on the network. If 3C-Customer1st Computer Company is unable to remedy a problem, then 3C-Customer1st Computer Company will work with the appropriate outside vendor until a resolution is reached. Client understands that additional expenses may be incurred when an outside vendor is brought in to solve a particular problem and agrees to reimburse 3C-Customer1st Computer Company for any such expenses.
Payment for new clients is due in full upon delivery and/ or completion of work until such time that an account is setup. Payment of accounts is due on or before the 20th day of the month following the date of the invoice.
3C-Customer1st Computer Company reserves the right to stop all work until the account is brought up-to-date.
In the event of default by the client in paying for the services and/or goods provided, the amount outstanding will be passed on to a debt collection agency for recovery. The client indemnifies 3C-Customer1st Computer Company against all costs (including legal costs), losses and expenses incurred by 3C-Customer1st Computer Company in recovering any unpaid money.
Delivery of Goods
Most repairs courier charges are nationwide free but at some instances like large items or in some circumstances charges will be applied. Most cost effective delivery method will usually be chosen.
3C-Customer1st Computer Company is not responsible for damage to the goods in transit. Claims for losses or damage to goods in transit must be made directly to the transport agency concerned.
Peak Demand Periods
3C-Customer1st Computer Company will make its best efforts to respond to Client’s needs within the negotiated time frame.
Client understands that there may be occasional times of peak demand when 3C-Customer1st Computer Company is forced to have to make extremely difficult decisions and triage Client’s needs according to the severity of business impact.
Loss of Service
Client recognizes that 3C-Customer1st Computer Company makes every attempt to select the most reliable systems, and that 3C-Customer1st Computer Company will make best efforts to keep Client’s system up and running efficiently and cost-effectively, within the limits of the clients IT budget.
Risk of Data Loss
Client assumes all risk of data loss from any and all causes or in any way related to or resulting from the repair or service of computer hardware, software or other equipment by 3C-Customer1st Computer Company. Client agrees to bear full responsibility for all data backup prior to any repair or service of computer hardware, software or other equipment by 3C-Customer1st Computer Company
Client hereby indemnifies 3C-Customer1st Computer Company from any claim or liability related to data loss for any reason whatsoever.
Computer Viruses, Spyware & Adware
3C-Customer1st Computer Company agrees to take all reasonable measures to protect Client’s computer systems from computer Viruses, Spyware & Adware. Client assumes all risk of computer Viruses, Spyware & Adware and will not hold 3C-Customer1st Computer Company responsible. Client is responsible for the costs of consulting time and materials required to remove any computer Viruses, Spyware or Adware.
Property and Risk
Despite the purchaser having possession of any hardware or software, ownership is retained by 3C-Customer1st Computer Company until the client pays in full all money owed to 3C-Customer1st Computer Company. Risk in any goods supplied shall pass to the client at the point of delivery.
Any claims for errors or unsatisfactory work must be made within 7 days from completion of work.
3C-Customer1st Computer Company is only under an obligation to deliver goods and services in accordance with their general description, whether or not a special description may have been given or implied by law.
The client acknowledges and agrees that 3C-Customer1st Computer Company has not given any representation or warranty as to the quality, state or condition of goods supplied, or that the goods are fit for any particular purpose.
All conditions, warranties and terms whether implied, statutory or otherwise are excluded to the fullest extent permitted by law.
3C-Customer1st Computer Company shall not be liable for any statement, representation or warranty made by any employee, agent or contractor relating to the goods or workmanship supplied by 3C-Customer1st Computer Company or for any negligence or wilful default by the manufacturer or supplier of the goods or services provided to the client.
Notwithstanding any other provision in these terms of trade, where the goods are consumer goods and are supplied for business purposes the Consumer Guarantees Act 1993 shall not apply. Any disclaimer above does not apply where it is contrary to any law which cannot be contracted out of.
Any dispute shall, at the option of 3C-Customer1st Computer Company, be referred to mediation or arbitration. The Arbitration Act 1996 (or any replacement of that act) shall govern arbitration.
If any parts of these terms of trade shall be held to be illegal, unenforceable or invalid, the remaining parts shall continue in full force and effect. The laws of New Zealand shall govern these terms of trade and 3C-Customer1st Computer Company and the client hereby submit to the non-exclusive jurisdiction of the courts of New Zealand. The client hereby waives any right they may have to claim that the above submission to jurisdiction is an inconvenient forum.
3C-Customer1st Computer Company does not authorise any client to use 3C-Customer1st Computer Company‘s or the manufacturer trademarks, names or associated materials. To use these trademarks, names and associated materials, prior written approval must be given by 3C-Customer1st Computer Company or the relevant manufacturer.
3C-Customer1st Computer Company Guarantee to Solve Computer Problems
3C-Customer1st Computer Company undertakes to provide a viable solution to the computer problems of any client – or will not charge the customer. However the client must allow 3C-Customer1st Computer Company personnel appropriate time to diagnose the problem and identify a viable solution.
3C-Customer1st Computer Company cannot be obligated to provide a viable solution if the client does not provide copies of licensed software, or the required access to the client’s hardware and peripherals; or the manufacturer no longer stocks required replacement hardware or software.
If the client desires an alternative solution to that offered by3C-Customer1st Computer Company, then 3C-Customer1st Computer Company cannot guarantee to provide such alternative solution within the terms of this guarantee.
3C-Customer1st Computer Company Service Guarantee
3C-Customer1st Computer Company guarantees you will not pay twice for the exact same work.
3C-Customer1st Computer Company guarantees emergency on-site response time will be within 1 hours (plus travel time) when requested.
If we return to your site to repeat work already performed, there will be no charge for the additional work.
If we miss the 1 hour on-site response time, you only have to pay the regular response rate.
3C-Customer1st Computer Company Satisfaction Guarantee
If for any reason, other than price, you are not satisfied with our work once it is completed, we offer to fix the problem at no additional cost.