Web Site Terms and Conditions
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1. |
IQ PC Services (“IQ”)
provides this service in good faith, and shall not be liable for any
loss or damage of any kind whatsoever (including but not limited to
damages for loss of business profits, business interruption, loss of
data or data corruption) attained by individual(s), business(es) or
other entities arising from the use of this web site ("Site").
Individuals, businesses and entities using this Site do so at their
own risk.
Use of this Site refers to information obtained by the user from the
Site, advice given to the user electronically, any financial
transaction occurring electronically between the user and IQ (and its
employees), over the internet (or arising from the internet), or any
other course of action executed.
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2. |
All
material on this Site is the property of IQ. Text, images, design,
programming code and any other content available on the Site remain
the property of IQ and is copyright.
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3. |
Technical specifications
and price may change at any time without warning. IQ need not give
notice or warning of price or specification changes. Actual
specifications may vary slightly depending on features, components and
availability.
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4. |
All
orders are subject to our
General Conditions of Trade. For all purchases we reserve the
right to make adjustments to information or pricing due to
typographical errors, market factors or manufacturer price changes,
which may occur at any time without notice.
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5. |
Links to third party material are provided solely
as a convenience to you. IQ does not control and is not responsible
for their content, and thus does not endorse any information, software
or other materials found there. If you decide to access any
third-party material you do so at your own risk.
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General Conditions of Trade
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It is agreed between IQ PC
Services (“IQ”) and the Customer that IQ will:
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I. |
perform the work (“the
Work”) described in the Order and/or |
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II. |
supply the equipment (“the
Equipment”) described in the Order,
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On the following
conditions:-
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1. |
IQ will rectify at its own
expense and at a place nominated by IQ any defective work reported to
it within thirty (30) days from the date of completion of the Work
provided that the Work has not been misused, corrupted or modified in
any way on inspection by IQ.
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2. |
2.1 |
IQ warrants that at the
date of supply of the Equipment to the Customer, to the best of its
knowledge and belief, the Equipment is free from defects in materials
and workmanship.
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2.2 |
In accordance with the
warranty specified in clause 2.1, IQ shall repair or replace, at its
own expense and at a place nominated by IQ:-
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(a) |
where the Equipment
comprises of hardware components, within a period not exceeding twelve
(12) months from the date of supply; |
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(b) |
where the Equipment
comprises of computer systems, within a period not exceeding
twenty-four (24) months from the date of supply; |
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(c) |
in all other cases, within
a period not exceeding thirty (30) days from the date of supply,
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the defect in the
Equipment, as determined by IQ which renders the Equipment unsuitable
for the ordinary use determined by IQ.
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2.3 |
IQ shall not be liable
under clause 2.2 if the serial number is removed or defaced, or the
defect is the result of:-
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(a) |
faulty materials or
workmanship not provided by IQ; |
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(b) |
accident, improper use or
mismanagement whether by the Customer, or a third party; |
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(c) |
operation of the Equipment
other than in accordance with any operating manuals supplied by IQ; |
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(d) |
use of the Equipment in a
manner contrary to law; |
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(e) |
subjection of the Equipment
to unusual or non-recommended physical, environmental or electrical
stress; |
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(f) |
faulty or improper
installation or reinstallation of the Equipment, or moving of the
Equipment by a person other than IQ; |
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(g) |
the Customer’s failure or
refusal to install engineering changes or enhancements recommended by
IQ; |
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(h) |
fair wear and tear of the
Equipment; |
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(i) |
any alterations,
modifications or additions to the Equipment not authorised by IQ; |
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(j) |
fire, floods or acts of
God; |
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(k) |
incorrect voltage to the
Equipment and mains supply problems to the Equipment; |
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(l) |
infestation of the
Equipment by insects or vermin; |
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(m) |
any damage to the Equipment
which in IQ’s opinion could have been avoided had IQ been notified by
the Customer within a reasonable time of the occurrence of such
damage.
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2.4 |
IQ’s obligations under
sub-clause 2.2 shall extend to installation of replacement and/or
repaired parts in respect of the defect in the Equipment, where such
replacement and/or repaired parts were originally installed by IQ.
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2.5 |
Replacement and repaired
parts in respect of the defect in the Equipment are warranted until
the expiry of the original warranty period pertaining to the Equipment
as specified in sub-clause 2.2 above.
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3. |
3.1 |
IQ does not warrant that
the Equipment is year 2000 compliant or that the equipment is capable
of modification or adaptation to accommodate and implement the
transition from the year 1999 to the year 2000.
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3.2 |
Subject to clause 3.3, IQ
shall not be liable for any defect in the Equipment or for any failure
of the Equipment to perform in the manner determined by IQ if such
defect or failure is a direct result of the transition from the year
1999 to the year 2000.
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3.3 |
Should the equipment be
defective or fail to perform in the manner determined by IQ as a
direct result of the transition from the year 1999 to the year 2000,
and provided that:-
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(a) |
the Equipment is comprised
of hardware; and |
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(b) |
IQ has specifically stated
in writing that the Equipment is year 2000 compliant,
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IQ shall repair or replace
the Equipment, and install the replacement and/or repaired parts in
respect of the defect in the Equipment where such replacement and/or
repaired parts were originally installed by IQ.
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4. |
IQ
shall not be liable for any loss or damage of any kind whatsoever
(including but not limited to damages for loss of business profits,
business interruption, loss of data or data corruption):-
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4.1 |
arising in any way from the
Work or the use or inability to use the program, system or equipment
on which the Work is performed.
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4.2 |
arising in any way from the
supply and/or installation of the Equipment or any repairs or
replacement of the Equipment; or
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4.3 |
caused directly or
indirectly by reliance on any advice provided by IQ relating to year
2000 compliance issues.
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5. |
Under no circumstances
shall IQ be liable for any loss or damage to the Equipment or the
system, program or equipment on which the Work is performed where such
loss or damage occurs in transit or otherwise results from a cause
beyond the reasonable control of IQ.
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6. |
Except as provided in
clauses 1 and 2, and sub-clause 3.3 of these Conditions, IQ disclaims
all warranties, express or implied, in respect of:-
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6.1 |
the Work or any materials
used by it in performing the Work;
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6.2 |
the Equipment.
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7. |
Risk in the Equipment shall
pass to the Customer once the Equipment leaves IQ’s place of business.
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8. |
8.1 |
Property in the Equipment
shall not pass to the Customer until the Equipment, and all other
equipment supplied by IQ and/or work performed by IQ, has been paid
for in full.
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8.2 |
The Customer acknowledges
that until that time the Customer is in possession of the Equipment
solely as bailee for IQ.
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8.3 |
The Customer’s right to
possession of the Equipment ceases if payment for the Equipment is due
but not paid. In that event IQ may enter any premises where the
Equipment is, or reasonably thought to be, and repossess it.
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9. |
9.1 |
Until the property in the
Equipment passes to the Customer:-
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(a) |
The Customer may fix or
install the Equipment into the Customer’s system or equipment on
condition that resulting product (“the Product”) will be IQ’s property
as surety of full payment for the Equipment. |
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(b) |
Until the Customer uses or
sells the Equipment, the Customer must store the Equipment separately
so that it is clearly identifiable as IQ’s property. |
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(c) |
The Customer may fix the
Equipment into the system or equipment of any third party on condition
that the resulting product (“the Product”) will be deemed to be owned
in common by IQ and the third party. |
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(d) |
The customer may sell the
Equipment or the Product (or the Customer’s interest therein) in the
ordinary course of the Customer’s business on the following
conditions:-
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The Customer makes the sale
as IQ’s agent and bailee. |
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ii. |
Any proceeds of sale
received by the Customer are held by the Customer on trust for IQ and
the Customer must keep such proceeds separately so that they are
clearly identifiable as IQ’s. |
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iii. |
If the Customer has not
received the proceeds of sale, the Customer will, if IQ so requires,
assign to IQ the Customer’s rights in respect of the sale price.
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10. |
10.1 |
Payment for the Work and/or
for the Equipment shall be made by cash, cheque, credit card or
Electronic Funds Transfer immediately on completion of the Work and/or
supply of the Equipment unless IQ has agreed to provide credit to the
Customer. The Customer shall pay IQ any costs incurred by IQ in
respect of any dishonoured cheque.
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10.2 |
In respect of any agreement
between IQ and the Customer as to the provision of credit to the
Customer, the Customer hereby acknowledges and agrees that:-
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(a) |
the Customer will enter
into a credit contract with IQ in the form attached to these
Conditions upon the terms and conditions contained therein; |
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(b) |
any reminder letter sent to
the Customer, save the first, in respect of any account which is more
than seven (7) days overdue shall be subject to an administration fee
of $5.00; |
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(c) |
the Customer shall pay IQ
any costs (including but not limited to debt collector’s commission
and costs) incurred by IQ to recover, or to attempt to recover, any
overdue payment; |
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(d) |
the Customer shall be
liable for any costs incurred by IQ in respect of any dishonoured
cheque.
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11. |
These Conditions and the
Order of which these Conditions form part constitute the entire
agreement between the parties in relation to the Work and/or the
Equipment and all prior agreements, warranties, representations,
undertakings and guarantees in relation to the Work and/or the
Equipment shall not be of any force or effect.
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12. |
These conditions may only
be varied by agreement in writing by IQ and the Customer.
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