IQPC Services - Perth Western Australia

Legal


Web Site Terms and Conditions

1.

IQ PC Services (“IQPC”) 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 IQPC (and its employees), over the internet (or arising from the internet), or any other course of action executed.
 

2. All material on this Site is the property of IQPC. Text, images, design, programming code and any other content available on the Site remain the property of IQPC and is copyright.
 
3.

Technical specifications and price may change at any time without warning. IQPC need not give notice or warning of price or specification changes. Actual specifications may vary slightly depending on features, components and availability.
 

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.
 
5.

Links to third party material are provided solely as a convenience to you. IQPC 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.
 

General Conditions of Trade

It is agreed between IQ PC Services (“IQPC”) and the Customer that IQPC will:
 
I. perform the work (“the Work”) described in the Order and/or
II. supply the equipment (“the Equipment”) described in the Order,
 
On the following conditions:-
 
1. IQPC will rectify at its own expense and at a place nominated by IQPC 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 IQPC.
 
2. 2.1 IQPC 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.
 
  2.2 In accordance with the warranty specified in clause 2.1, IQPC shall repair or replace, at its own expense and at a place nominated by IQPC:-
 
    (a) where the Equipment comprises of hardware components, within a period not exceeding twelve (12) months from the date of supply;
    (b) where the Equipment comprises of computer systems, within a period not exceeding twenty-four (24) months from the date of supply;
    (c) in all other cases, within a period not exceeding thirty (30) days from the date of supply,
 
    the defect in the Equipment, as determined by IQPC which renders the Equipment unsuitable for the ordinary use determined by IQPC.
 
  2.3 IQPC shall not be liable under clause 2.2 if the serial number is removed or defaced, or the defect is the result of:-
 
    (a) faulty materials or workmanship not provided by IQPC;
    (b) accident, improper use or mismanagement whether by the Customer, or a third party;
    (c) operation of the Equipment other than in accordance with any operating manuals supplied by IQPC;
    (d) use of the Equipment in a manner contrary to law;
    (e) subjection of the Equipment to unusual or non-recommended physical, environmental or electrical stress;
    (f) faulty or improper installation or reinstallation of the Equipment, or moving of the Equipment by a person other than IQPC;
    (g) the Customer’s failure or refusal to install engineering changes or enhancements recommended by IQPC;
    (h) fair wear and tear of the Equipment;
    (i) any alterations, modifications or additions to the Equipment not authorised by IQPC;
    (j) fire, floods or acts of God;
    (k) incorrect voltage to the Equipment and mains supply problems to the Equipment;
    (l) infestation of the Equipment by insects or vermin;
    (m) any damage to the Equipment which in IQPC’s opinion could have been avoided had IQPC been notified by the Customer within a reasonable time of the occurrence of such damage.
 
  2.4 IQPC’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 IQPC.
 
  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.
 
3. 3.1 IQPC 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.
 
  3.2 Subject to clause 3.3, IQPC shall not be liable for any defect in the Equipment or for any failure of the Equipment to perform in the manner determined by IQPC if such defect or failure is a direct result of the transition from the year 1999 to the year 2000.
 
  3.3 Should the equipment be defective or fail to perform in the manner determined by IQPC as a direct result of the transition from the year 1999 to the year 2000, and provided that:-
 
    (a) the Equipment is comprised of hardware; and
    (b) IQPC has specifically stated in writing that the Equipment is year 2000 compliant,
 
    IQPC 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 IQPC.
 
4. IQPC 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):-
 
  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.
 
  4.2 arising in any way from the supply and/or installation of the Equipment or any repairs or replacement of the Equipment; or
 
  4.3 caused directly or indirectly by reliance on any advice provided by IQPC relating to year 2000 compliance issues.
 
5. Under no circumstances shall IQPC 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 IQPC.
 
6. Except as provided in clauses 1 and 2, and sub-clause 3.3 of these Conditions, IQPC disclaims all warranties, express or implied, in respect of:-
 
  6.1 the Work or any materials used by it in performing the Work;
 
  6.2 the Equipment.
 
7. Risk in the Equipment shall pass to the Customer once the Equipment leaves IQPC’s place of business.
 
8. 8.1 Property in the Equipment shall not pass to the Customer until the Equipment, and all other equipment supplied by IQPC and/or work performed by IQPC, has been paid for in full.
 
  8.2 The Customer acknowledges that until that time the Customer is in possession of the Equipment solely as bailee for IQPC.
 
  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 IQPC may enter any premises where the Equipment is, or reasonably thought to be, and repossess it.
 
9. 9.1 Until the property in the Equipment passes to the Customer:-
 
    (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 IQPC’s property as surety of full payment for the Equipment.
    (b) Until the Customer uses or sells the Equipment, the Customer must store the Equipment separately so that it is clearly identifiable as IQPC’s property.
    (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 IQPC and the third party.
    (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:-
 
      i. The Customer makes the sale as IQPC’s agent and bailee.
      ii. Any proceeds of sale received by the Customer are held by the Customer on trust for IQPC and the Customer must keep such proceeds separately so that they are clearly identifiable as IQPC’s.
      iii. If the Customer has not received the proceeds of sale, the Customer will, if IQPC so requires, assign to IQPC the Customer’s rights in respect of the sale price.
 
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 IQPC has agreed to provide credit to the Customer. The Customer shall pay IQPC any costs incurred by IQPC in respect of any dishonoured cheque.
 
  10.2 In respect of any agreement between IQPC and the Customer as to the provision of credit to the Customer, the Customer hereby acknowledges and agrees that:-
 
    (a) the Customer will enter into a credit contract with IQPC in the form attached to these Conditions upon the terms and conditions contained therein;
    (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;
    (c) the Customer shall pay IQPC any costs (including but not limited to debt collector’s commission and costs) incurred by IQPC to recover, or to attempt to recover, any overdue payment;
    (d) the Customer shall be liable for any costs incurred by IQPC in respect of any dishonoured cheque.
 
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.
 
12. These conditions may only be varied by agreement in writing by IQPC and the Customer.
 
         

 

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184 Scarborough Beach Road
Mount Hawthorn, WA
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8.30am - 5.30pm Monday-Friday
Closed on weekends, public holidays
and from Christmas to New Year
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PO Box 363
Mount Hawthorn WA 6915
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184 Scarborough Beach Road
Mount Hawthorn, WA

TRADING HOURS

8.30am - 5.30pm Monday - Friday
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