GENERAL TRADING AGREEMENT
We welcome you as a client of Right Click IT Pty Ltd ACN 137 780 413 (“Right Click IT”) and look forward to assisting you with your IT needs for many years to come. For a new relationship to work smoothly we need to agree on how business will be conducted.
I/we (client) agree to comply with the following terms:
- All labour / service charges are non-refundable.
- All hardware is sold with a manufacturer’s warranty. Right Click IT provides no additional warranty.
- The client must inspect all goods upon delivery and shall within 48 hours of delivery give notice to Right Click IT of any matter or thing by which the client alleges that the goods are not in accordance with the client’s order. Failing such notice and, to the extent permitted by law, the goods are deemed to have been delivered and accepted by the client. All defective merchandise must be returned to the office of Right Click IT
- Right Click IT may accept returns of merchandise at its discretion. In that case, there is a 10% restocking fee on all items, except special-order items which will bear a 20% restocking fee. All merchandise returned to the office of Right Click IT, must be postage/delivery prepaid and will be at your risk
- Licensed software is not returnable and amounts paid for it are not refundable unless the software is proven to be defective.
- Invoices are due and payable to Right Click IT upon completion of the work.
- All unpaid sums that are not in dispute shall bear interest at the rate of 2% above the standard overdraft fee published on the Bendigo Bank website. Cost of collection, including reasonable solicitor’s fees, shall be borne by the client.
- All merchandise (goods and software) remains the property of Right Click IT until paid for in full.
- Right Click IT shall not be bound by any terms or conditions printed on a purchase order or correspondence from client without prior written acceptance of such terms.
- Quotations and responses to requests for quotations include GST unless stated otherwise.
- Right Click IT will not perform services for clients with past due balances. This includes but is not limited to emergency services.
- From time to time Right Click IT may offer for sale items that are demonstration units, refurbished, or used. All such items are sold ‘AS-IS’ and are not returnable.
- Right Click IT does not guarantee the price and / or the availability of product and / or services quoted as these may change between quotation and order.
- Payment via any credit card accepted by Right Click IT may incur an additional administrative fee as advised by Right Click IT from time to time.
- If a delivery date is specified, Right Click IT will endeavour to deliver within the time so specified but in no circumstances will Right Click IT be liable for any loss or damage of any kind whatsoever caused directly or indirectly by any loss in transit, delay in or failure of delivery in whole or in part.
- Right Click IT reserves the right to make part deliveries of any order and each part delivery shall constitute a separate sale of goods upon these terms.
- Right Click IT reserves the right to suspend or cancel deliveries to any client without notice where the client’s account has exceeded the due date for payment and/or the client’s credit account limit.
- The risk in the goods purchased shall, unless otherwise agreed in writing, pass to the client upon delivery to the client’s premises or agent.
- While Right Click IT will use its best endeavours to deliver material, analysis, data, programs, and services in accordance with client’s reasonable requirements, Right Click IT offers no guarantees or warranties, express or implied, as to system availability and functionality during any phase of its support services and makes no guarantees or warranties, express or implied, regarding its ability to resolve computer-related problems, to recover data, or to avoid losing data.
- In no event shall Right Click IT be liable for special or consequential damages, either in contract or tort, whether or not the possibility of such damages has been disclosed to Right Click IT in advance or could have been reasonably foreseen by Right Click IT.
- Apart from warranties which may not be excluded by law, Right Click IT excludes all other implied warranties. The liability of Right Click IT for any breach of a condition, warranty or term implied by law which cannot be excluded is limited at Right Click IT’s sole discretion to any one or more of the following:
- in the case of goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods or the payment of the cost of having the goods repaired;
- in the case of goods:
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- in the case of a service to:
- the supplying of the service again; or
- the payment of the cost of having the service supplied again.
- To the extent that any of these terms are void or illegal, they are hereby severed from these terms without affecting the remaining provisions.
I/We (client) agree to these terms and accept responsibility for payment of our account.