terms & conditions
Purchase of goods and services from eStrategy Group Pty Ltd are
subject to the following terms and conditions. By purchasing or receiving
goods or services from eStrategy Group, you accept the following
terms and conditions, without limitation or qualification.
1. Definitions
In these conditions:
"Conditions" means these Conditions of Provision of Goods and
Services;
"Customer" means a person, firm or corporation, jointly and severally
if there is more than one, acquiring goods or services from eStrategy Group;
"goods" means goods supplied by eStrategy Group to the
Customer;
"Express Service" means goods or services provided by eStrategy
Group at the customer's premises within two hours of the Customer
requesting services from eStrategy Group;
"GPO" means the central Post Office in the nearest Capital City;
"Same Day Service" means services provided by eStrategy Group
on the same day as the service is requested, provided that a booking is
made by the Customer prior to 2:00pm. Where the booking is made at or after 2.00pm, "Same Day Service" shall be deemed to include the first three hours of the next occurring business day
"Services" means services supplied by eStrategy Group to the
Customer; and
"eStrategy Group" means eStrategy Group Pty Ltd ABN 13140269138
2. Basis of Contract
2.1 Unless otherwise agreed by eStrategy Group in writing, these
Conditions apply exclusively to every contract for the sale or other supply of
goods or services by eStrategy Group to the Customer. These Conditions
cannot be varied or supplanted by any other conditions without
the prior written consent of eStrategy Group.
2.2 Any written quotation provided by eStrategy Group to the
Customer concerning the proposed supply of goods or services is
valid for 30 days and is an invitation only to the Customer to
place an order based upon that quotation. The Conditions may
include additional terms in eStrategy Group's quotation,
which are not inconsistent with the Conditions.
2.3 All hard drive quotes are subject to changes in manufacturer
pricing.
3. Charges and Payment
3.1 Payment for goods and services must be made by cash, cheque
or credit card prior to the provision of goods or services, upon receipt of invoice
unless the Customer has a credit account with eStrategy
Group.
3.2 All eStrategy Group on-site visits are chargeable and are
charged in one hour units. Any part thereof is chargeable at the same
rate as a full hour.
3.3 All goods supplied by eStrategy Group are charged
separately from the services.
3.4 Where there is any change in the costs incurred by IA Technology
Group in relation to the goods or services, eStrategy Group
may vary its price for goods or services on order to take account
of any such change, without giving notice to the Customer.
3.5 Call-out fees may be applied at rates applying at the time of service and are dependent on the
Customer's suburb.
4. Payment Default
4.1 If the Customer defaults in payment by the due date of any
amount payable to eStrategy Group, or if any cheque drawn
by the Customer is dishonoured, then all money which would
become payable by the Customer to eStrategy Group at a
later date on any account, becomes immediately due and payable
without the requirement of any notice to the Customer, and eStrategy Group may, without prejudice to any other remedy
available to it:-
(a) charge the Customer interest on any sum due at the
Reserve Bank’s cash target rate as at the date of default plus 4 per cent, for the period from the due date until the date of payment in full;
(b) charge the Customer for all expenses and costs (including
legal costs on a solicitor/own client basis and dishonoured cheque
fees) incurred by it resulting from the default and in taking
whatever action it deems appropriate to recover any sum due;
(c) cease or suspend for such period as eStrategy Group
thinks fit, the supply of any further goods or services to the
Customer;
(d) by notice in writing to the Customer, terminate any contract
with the Customer remaining not fully performed by eStrategy
Group; without affecting the accrued rights of eStrategy Group under any contract.
(e) limit the access to network resources of users at the Customer’s
premises
(f) temporarily change any passwords on the Customer’s network
4.2 Action under clauses 4.1(c) and 4.1(d) may also be taken, at the option
of eStrategy Group where the Customer is:
(a) an individual and becomes bankrupt or
enters into any scheme of arrangement or any assignment or
composition with or for the benefit of his or her creditors or any
class of his or her creditors generally; or
(b) a corporation and, it enters into any
scheme of arrangement or any assignment or composition with or
for the benefit of its creditors or any class of its creditors
generally, or has a liquidator, provisional liquidator,
administrator, receiver or receiver and manager appointed, or
any action is taken for, or with the view to, the liquidation
(including provisional liquidation), winding up or dissolution
without winding up of the Customer (except for the purpose of a solvent reconstruction, notice in writing of which is given to eStrategy Group).
5. Passing of Property
5.1 Until full payment in cleared funds is received by eStrategy
Group under a contract:-
(a) title and property in all goods supplied under that contract remain (as between eStrategy and the Customer) vested in eStrategy
Group and do not pass to the Customer;
(b) the Customer holds the goods as trustee for eStrategy Group;
(c) the Customer must keep the goods separate from its own goods and those of others
and maintain the labelling and packaging of the goods; the
Customer is required to hold the proceeds of any sale of the
goods on trust for eStrategy Group in a separate account
however failure to do so will not affect the Customer's obligation
to deal with the proceeds as trustee;
(e) eStrategy Group may without notice, enter any premises
where it suspects the goods may be and remove them,
notwithstanding that they may have been attached to other
goods not the property of eStrategy Group, and for this
purpose the Customer irrevocably licenses eStrategy Group
to enter such premises and take such action and also indemnifies eStrategy Group
from and against all costs, claims, demands or actions by any
party arising from such action.
6. Risk and Insurance
All risks associated with the goods will pass to the Customer
immediately upon delivery of the goods to the premises nominated by
the Customer, notwithstanding that title may not have by then passed to the Customer. The Customer must take out all usual insurances in respect of such risks as a prudent business person in the Customer’s position would take out.
7. Performance of contract
Any period or date for delivery of goods or provision of services stated
by eStrategy Group is intended as an estimate only and is not a
contractual commitment. eStrategy Group will use all commercially
reasonable endeavours to meet any estimated dates for delivery of the
goods or completion of the services.
8. eStrategy Group Warranties
8.1 Subject to this clause 8 and clause 9 below, eStrategy warrants that all goods and services supplied by it shall be free from defects in materials and workmanship for a period of 30 days from the date of delivery. In the case of software the date of delivery shall be deemed to be the date of first successful installation on computers used by the Customer.
8.2 The Customer’s sole remedy in the case of non-compliance with the above warranty is for eStrategy to attempt to diagnose and rectify the relevant problem at its cost. If eStrategy Group is not able to diagnose the cause of any hardware or software problem, then no charge will apply to the
Customer. eStrategy Group does not warrant that it will be
able to rectify all problems, which it diagnoses.
8.3 This warranty does not apply in circumstances where: (a) the
goods or services are not defective; (b) the goods were used or
services required for a purpose other than for which they were
intended; (c) the goods were repaired, modified or altered by any
person other than eStrategy Group; (d) the defect has arisen
due to misuse, neglect or accident; (e) the defect has arisen due
to normal wear and tear on the goods; (f) the goods have not
been stored or maintained as recommended by eStrategy
Group or the manufacturer; or (g) the Customer is in breach of
the Conditions.
9.1 Except as specifically set out herein, any term, condition or
warranty in respect of the quality, fitness for purpose, condition,
description, assembly, manufacture, design or performance of the
goods or services, whether implied by statute, common law, trade
usage, custom or otherwise, is hereby expressly excluded.
9.2 Replacement or repair of the goods or resupply of the services is
the absolute limit of eStrategy Group's liability howsoever
arising under or in connection with the description, quality,
condition, performance, assembly, manufacture, design,
merchantability or fitness for purpose of the goods or services or
alternatively the sale, use of, storage or any other dealings with
the goods or services by the Customer or any third party.
9.3 eStrategy Group is not liable for any program or data loss or
damage by any Customer arising directly or indirectly from or in connection with the
provision of the goods or services.
9.4 Any replacement of parts under warranty will be carried out at
the premises nominated by eStrategy Group. The cost and
risk of transport of any defective part to the nominated premises
is the responsibility of the Customer.
9.5 eStrategy Group is not liable for any indirect or consequential
losses or expenses suffered by the Customer or any third party,
howsoever caused, including but not limited to loss of turnover,
profits, business or goodwill or any liability to any other party.
9.6 eStrategy Group will not be liable for any loss or damage
suffered by the Customer or any person claiming through the Customer where eStrategy Group has failed to meet any delivery date or cancels or suspends the supply of
goods or services.
9.7 Nothing in the Conditions is to be interpreted as excluding,
restricting or modifying or having the effect of excluding,
restricting or modifying the application of any State or Federal
legislation applicable to the sale of goods or supply of services
which cannot be legally excluded, restricted or modified.
10. Intellectual Property
10.1 eStrategy Group will not be responsible to the Customer or
any third party for any breach of any software licence in respect
of software provided to eStrategy Group by the Customer to
be installed on a Customer's computer.
10.2 The Customer hereby indemnifies eStrategy Group against
any claim, loss, damage, costs, harm or other expense whatsoever
arising either directly or indirectly as a result of or in connection with eStrategy
Group installing software at the request of the Customer.
10.3 All intellectual property rights including without limitation copyright and patent rights in custom software and the product of eStrategy Group’s services remains the sole property of eStrategy Group unless and until otherwise agreed or assigned in writing. The Customer is hereby granted a licence to use such software and other product of services for the specific purpose that the software was created or services provided as initially disclosed by the Customer
11.Cancellation
11.1 If, through circumstances beyond the control of eStrategy
Group, eStrategy Group is unable to effect delivery or
provision of goods or services, then eStrategy Group may
cancel the Customer's order (even if it has already been
accepted) by notice in writing to the Customer.
11.2 If the Customer gives less than 2 hours notice to eStrategy
Group to cancel any request for goods or services,
then eStrategy Group may charge a cancellation fee of at
least $22 for the loss and damage caused or the full quoted call
out fee, whichever is greater.