Terms & Conditions

TERMS OF TRADE

1. These Terms of Trade (“Terms”) are between Moreton Bay IT, hereafter known as “MBIT” and the customer, being the person/entity entering into these Terms, hereafter known as “Customer”, for the provision of the Goods and Services as set out in the order form attached to these Terms (“Order”).

2. Goods means the goods sold to Customer by MBIT, as set out in the order, and includes all installation services provided by MBIT to Customer in respect of those Goods. Services means the services as set out on the Order.

ORDER FOR GOODS AND SERVICES

3. An Order for the purchase of Goods or Services which is given to MBIT is binding on the Customer, if:

a. written acceptance is signed for or on behalf of MBIT accepting the Order; or

b. you click ‘I accept’ where Goods or Services are ordered via our website; or

c. the Goods or Services are supplied by MBIT in accordance with the Order.

4. Where a binding Order has been placed in accordance with clause 3, Customer is deemed to have accepted these Terms and these Terms will override any other terms or conditions. MBIT reserves the right to accept only a portion of any Order by notifying Customer in writing or by delivering the accepted portion of Goods to Customer at the nominated Customer premises (“Premises”) set out in the Order. MBIT will notify customer if it is unable fulfill any part of an Order. No Order is binding on MBIT until accepted in accordance with clause 3(a) or (b).

5. An Order which has been accepted in whole or in part by MBIT cannot be cancelled by Customer without obtaining the prior written approval of MBIT, which it may refuse in its absolute discretion. This clause 5 does not apply in relation to the cancellation of a scheduled appointment as set out in clause 11.

PAYMENT

6. Payment in respect of all fees set out in the Order (“Fees”) is strictly on a ‘cash on delivery’ basis, or as otherwise agreed with MBIT and noted on the Order.

7. All work performed on an hourly basis will be at the applicable MBIT rates, or as set out in the Order.

8. Customer acknowledges that, should any Fees not be paid in accordance with clause 6, or if any payment by cheque is dishonored, the entire Fee balance then outstanding shall immediately become due and payable without any further notice. Customer agrees that an interest charge of 8% per annum, calculated daily, on overdue Fees may be charged to Customer’s account at the discretion of MBIT.

9. In the event of MBIT instructing its agents to collect an overdue Fee, all legal fees, collection charges, tracing agents’ fees & any other recovery costs incurred by MBIT, shall be borne by Customer and all payments made by Customer shall firstly be allocated towards such fees, then to interest, and finally to the outstanding Fee.

CONDITIONS

11. Notice of cancellation for a scheduled appointment with a MBIT service provider is required at least 2 hours prior to that scheduled appointment to the phone number or email address listed on the Order. If the Customer does not cancel in accordance with this clause 11, Customer will incur a cancellation fee equivalent to 1 hour at the applicable rate for the scheduled works (“Cancellation Fee”).

12.Customer:

a. must ensure that all information provided about Customer to MBIT in respect of the Goods and/or Services is true and correct.

b. must ensure that safe, clear access, free of any harmful products, items or substances, is provided to the Premises where MBIT will supply the Goods and Services.

c. must obtain any access, consents, licenses or permissions required for MBIT to deliver the Goods and provide the Services; and

d. agrees that they have not relied upon any warranty, representation, statement, offer or documentation made or provided by or on behalf of MBIT unless expressly set out in these Terms.

e. agrees to cooperate with MBIT (and its personnel) to provide MBIT with all reasonable information, assistance, access, equipment and instructions to allow MBIT to provide the Goods and Services; and

f. agrees that any delivery date or time notified by MBIT for the delivery of Goods and/or performance of Services is an estimate only. MBIT will use reasonable endeavours to adhere to notified delivery times but MBIT is under no obligation to deliver the Goods or Services at the notified time. Failure to do so will not constitute a breach of these Terms; and

g. agrees to comply with these Terms and any applicable laws, including privacy laws, licenses or requirements in relation to the use, access and procuring of the Goods or Services.

13. Any problems with Services performed should be reported immediately to MBIT. Any claims to be made against MBIT for short delivery of Goods must be lodged with MBIT in writing within 7 days of the date the Goods are delivered to the Premises.

14. The Customer will not privately contract or attempt to contract with any MBIT personnel.

TITLE AND RISK

15. Title of any Goods supplied by MBIT to Customer will not pass to Customer until MBIT is in receipt of full payment of the Fee. Notwithstanding the aforementioned, the risk of all Goods shall pass to Customer at the time of delivery to the Premises. Delivery is deemed to have occurred at the time the Goods arrive at the Premises, prior to installation by MBIT.

REPAIR

16. Customer acknowledges and accepts that the repair of any Customer goods may result in the loss of Customer and/or user generated data, and as such the Customer is wholly responsible for any backups of aforementioned data. MBIT accepts no responsibility for the loss of any data pursuant to the repair of Customer goods by MBIT and Customer waives all rights to such claim against MBIT. In respect of any repairs made by MBIT, MBIT reserves the right to, at its discretion, replace rather than repair, any goods supplied for repair, with refurbished goods of the same type.

WARRANTY

17. The Goods and Services come with certain guarantees that cannot be excluded under the Australian Consumer Law (“ACL”). Customer is entitled to a replacement or refund for a major failure of the Goods, and for compensation for any other reasonably foreseeable loss or damage. Customer is also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure. If Customer is deemed to be a ‘consumer’ under the ACL, nothing in these Terms purports to limit Customers rights thereunder and Customer agrees that MBITs liability for the provision of the Goods and services is governed solely by the ACL. 

18. All new parts supplied by MBIT shall come with the manufacturers warranty provided by manufacturer to MBIT (“Warranty”) unless otherwise specified in an order. This Warranty covers only those parts provided by MBIT.

19. All Warranty claims must be supported by a valid receipt and MBIT must be notified in writing of any claim.

20. Where Customer makes a claim in accordance with the Warranty, Customer must return the Goods to the address specified on the MBIT Order.

21. MBIT reserves the right to charge an inspection fee if Goods returned as part of a Warranty claim are tested & found not to be faulty.

22. All delivery, freight, reconfiguration and installation costs associated with claiming under the Warranty are the responsibility of Customer.

23. The benefits given to Customer by the Warranty set out in clause 18 are in addition to other rights and remedies of Customer under any law in relation to the Goods or Services to which the Warranty relates.

INDEMNITY AND LIABLITY

24. MBIT’s liability in respect of a breach of these Terms, and to the extent permissible by law, is limited to, at MBITs sole discretion.

a. in relation to the Goods:

i. the replacement of the Goods or the resupply of equivalent Goods;

ii. the repair of the Goods;

iii. the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or

iv. the payment of the cost of having the Goods repaired.

b. in relation to the Services:

i. the resupply of the Services; or

ii. the payment of the cost of having the Services resupplied.

25. To the extent permitted by law, all warranties not set out in these Terms, whether implied or otherwise, are excluded and MBIT is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate Customer for:

a. any increased costs or expenses;

b. any loss of profit, revenue, business, contracts or anticipated savings;

c. any loss or expense resulting from a claim by a third party; or

d. any special, indirect or consequential loss or damage of any nature whatsoever caused by MBIT’s failure to complete or delay in completing the order to deliver the Goods or provide the Services.

26. To the full extent permitted by law, Customer will indemnify MBIT and keep MBIT indemnified from and against any liability and any loss or damage MBIT may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of these Terms or any applicable laws by Customer or its representatives.

27. Customer acknowledges and accepts that MBIT accepts no liability or responsibility for:

a. any form of loss or damage of any nature whatsoever suffered by the Customer, whether arising directly or indirectly out of, or in connection with, the provision of the Goods or Services by MBIT to the Customer; or

b. any supplied content breaching any laws, regulations or third-party rights, including but not limited to third party intellectual property rights.

GST

28. Goods and Services Tax (GST) will be shown separately in the MBIT tax invoice for the sale of the Goods. The amount of GST payable in respect of the supply of the Goods is payable by Customer. Customer must indemnify MBIT in respect of GST paid and payable by MBIT for the supply of the Goods and Services

GENERAL

29. These Terms are to be construed in accordance with the laws from time to time applicable in the Australian State in which the Goods and Services are provided to Customer by MBIT.

30. These Terms contain all of the terms and conditions of the contract between the parties and may only be varied by agreement in writing between the parties.

31. Any conditions found to be void, unenforceable or illegal may, to that extent be severed from the Agreement.

32. No waiver of any of these terms and conditions or failure to exercise a right or remedy by MBIT will be considered to imply or constitute a further waiver by MBIT of the same or any other term, condition, right or remedy.

33. Neither party shall be liable for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.

34. No representations have been made by MBIT or on its behalf, which have induced the Customer to enter into these Terms.

REPAIR & SERVICE NOTICE

You AUTHORISE Moreton Bay IT (MBIT) to undertake the work specified & accept the following conditions and the Terms of Trade in full. 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 goods. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair goods. MBIT reserves the right to charge an Inspection fee if goods returned as part of a warranty claim are tested & found not to be faulty.

UNCOLLECTED GOODS

Where goods are left uncollected for repair or other treatment in the course of business – after 3 months – MBIT will give written notice to the Customer advising that they intend to dispose of the goods. If the goods remain uncollected after 3 months of that notice, they may be disposed of by public auction or by private sale for a fair value without refund to the Customer.