Terms and Conditions
This document sets out the terms and conditions upon which we will provide you Services and/or Products. By arranging a Call Out by one of our representatives, you agree to be bound by our Terms and Conditions.
1.1 In these Terms and Conditions:
- “Call Out” means a single on-site visit made by us for the purpose of providing Services and/or Products;
- “Products” means any hardware, software or other products provided by us;
- “Product Fees” means the fees or cost quoted by us for any Product purchased by you;
- “Area” means an area including The Mount, Tauranga, Papamoa, Welcome Bay and reasonable outlying areas (as defined by PC-Harry)
- “Services” means the on-site computer maintenance, support and/or consulting services reasonably requested by you and provided by us during a Call Out;
- “Terms and Conditions” means these terms and conditions;
- “we”, “us” or “our” means the company detailed above trading as PC-Harry;
- “Working Day” means any day other than a Sunday, a statutory public holiday or a Saturday in relation to which the previous Friday or following Monday is a statutory public holiday;
- “Working Hours” means 8am to 6:00pm on any Working Day; and
- “you” or “your” means the customer that requested the Call Out.
2. Call Outs
2.1 Where you arrange a Call Out, we will attend the premises for that Call Out at the arranged time.
2.2 To cancel a Call Out, you must advise us at least one hour before the scheduled time. If you cancel a Call Out other than in accordance with this clause 2.2, you must pay a Cancellation Fee for that Call Out.
3.1 In consideration of the Fees, we will perform the Services in accordance with these Terms and Conditions.
3.2 At the beginning of the Call Out:
(a) we will try to diagnose any problem described by you; and
(b) we may provide an estimate of the time required to provide any Services.
However, we do not guarantee any diagnosis or estimate of time will be accurate.
3.3 The duration of the Call Out will be agreed with you. If the Services are not complete within that duration, we will discuss the options available, which may include extending that Call Out, arranging another Call Out or abandoning the Services. You may stop a Call Out at any time.
3.4 Regardless of clauses 3.2 or 3.3, once a Call Out commences, you must pay the Fees for that Call Out, including the Minimum Call Out Fee.
3.5 To enable us to undertake the Services:
(a) you must provide us all information, assistance, co-operation and access to premises and equipment that we may reasonably require to undertake the Services; and
(b) you, or some person over 16, must be present while we provide the Services.
3.6 We will use reasonable endeavours to achieve the objectives of the Services but we provide no guarantee, and we will not be liable for any failure to meet the objectives.
4.1 Where agreed with you, we will provide Products as part of a Call Out and subject to these Terms and Conditions.
4.2 You agree that risk in any Products supplied by us passes to you immediately upon supply.
4.3 Title to Products will remain with us, and will not pass to you, until you have paid Product Fees and other Fees associated with that Call Out in cleared funds.
5.1 We will invoice the Fees for each Call Out at the end of the Call Out and you must pay those Fees to us within 14 Working days of the Call Out.
5.2 Any other amounts payable under these Terms and Conditions, including Cancellation Fees, will become payable immediately upon issuance of our invoice.
5.3 Payment must be made in cash or by cheque, or internet banking.
5.4 If you do not pay on time, you must pay interest to us at the rate of 19% per annum from the due date until the date payment is received by us in full and you must pay any additional debt collection costs.
6.1 We warrant that we will use reasonable skill and care in undertaking the Services.
6.2 No warranty is given for the Products where any failure or defect results from:
(a) improper storage or handling of the Products by you, your employees, agents or customers;
(b) use, installation, modification or alteration (including repair) of the Products other than as recommended or authorised in writing by the manufacturer or us;
(c) fair wear and tear on the Products;
(d) failure to maintain the Products in accordance with any care or maintenance instructions provided by us or the manufacturer; or
(e) any other matter or event specified in relation to a specific Product as invalidating or being excluded from any warranty.
6.3 Your sole remedy in relation to the breach of any warranty under this agreement or at law, in relation to any:
(a) Service, will be for us to re-perform such Services to the required standard; or
(b) Product, will be for us to repair or replace such Product, at our option, provided that if neither option is available to us (as determined solely by us) we may refund the price paid for that Product.
6.4 We have no obligation to install, customise or provide any other Service in relation to any Products repaired or replaced due to a breach of any Product warranty.
6.5 You acknowledge that if the Services or Products are supplied for business purposes the guarantees provided under the Consumer Guarantees Act 1993 do not apply.
6.6 Other than the warranties set out in these Terms and Conditions, all other express or implied warranties in respect of the Services and Products are excluded to the fullest extent permitted by law including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. All statements, technical information and recommendations made by the manufacturer and/or us about the Services or Products are believed to be reliable, but do not constitute a guarantee or warranty.
6.7 You warrant that you are authorised to arrange each Call Out and, in providing the Services or Products, our access to your premises, use of the equipment, software, information or other material made available by you will not breach any third party rights.