Friday, 22 September 2017 15:49

Terms and Conditions

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EZTEK Pty Ltd Terms and Conditions

EZTEK aims to provide the best products and customer service to become the most trusted security, digital and electronic service provider in north Melbourne. By using EZTEK’s website [https://www.eztek.com.au/] or services, users agree to the terms and conditions outlined below.

 

 

1      Definitions

1.1      EZTEK" means eztek pty ltd its successors and assigns or any person acting on behalf of and with the authority of Eztek Pty Ltd.

1.2      "Client" means the person/s, company or legal entity buying the Products or services as specified in any invoice, document or order and if there is more than one Client is a reference to each Client jointly and severally.

1.3      “Products” means all Products or Services supplied by eztek pty ltd  to the Client at the Client’s request from time to time (where the context so permits the terms ‘Products’ or ‘Services’ .

2     Acceptance

2.1      The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for Products or Services to be done.

2.2      These terms and conditions may only be amended with EZTEK’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and EZTEK.

3     Change in Control

3.1      The Client shall give EZTEK not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by EZTEK as a result of the Client’s failure to comply with this clause.

4     Price and Payment

4.1      At EZTEK’s sole discretion the Price shall be either:

4.1.1      As indicated on any invoice provided by EZTEK to the Client; or

4.1.2      The Price as at the date of invoiced according to EZTEK’s current service price; or

4.1.3      EZTEK’s quoted price (subject to clause 4.b) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.

4.2      EZTEK reserves the right to change the Price in the event of a variation to EZTEK’s quotation. Any variation from the specifications of the Products (including, but not limited to, any variation as a result of increases to EZTEK in the cost of materials and labour, or fluctuations in currency exchange rates, which are beyond the control of EZTEK) will be detailed in writing and charged for on the basis of EZTEK’s quotation and will be shown as variations on the invoice.

4.3      Time for payment for the Services being of the essence, the Price will be payable by the Client on the date/s determined by EZTEK, which may be:

4.3.1      Before start of service and/or sale of Products;

4.3.2      After service and/or sale;

4.3.3      By way of instalments/progress payments in accordance with EZTEK’s payment schedule;

4.3.4      The date specified on any invoice or other form as being the date for payment; or

4.3.5      Failing any notice to the contrary, the date which is thirty (30) days following the end of the month in which the invoice/s and/or statement is posted to the Client’s address or address for notices.

4.4      Payment may be made by cash, cheque, electronic/on-line banking, credit card – excluding some credit cards (plus a surcharge of up to three percent (3%) of the Price), or by any other method as agreed to between EZTEK and the Client.

4.5      Unless otherwise stated the Price excludes GST. In addition to the Price the Client must pay to EZTEK an amount equal to any GST EZTEK must pay for any supply by EZTEK under this or any other agreement for the sale of the Products or Services. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

5     Products and Services, Warranties and Supports

5.1      EZTEK provides guarantees for workmanship for the lifetime of the Service, for work undertaken by appointed EZTEK technicians only.

5.2      EZTEK does not install or service products bought from retail stores or online, as they cannot guarantee the quality or previous workmanship. otherwise

5.3      EZTEK provides installation and services for third-party products, which are consequently subject to the warranties outlined by each provider. EZTEK does not take liability for the quality or warranty policies of third-party providers.

5.4      In order to claim for any product warranty, you will need to present your proof of purchase, alongside other potential demands by the third-party provider.

5.5      Our products come with guarantees in accordance with Australian Consumer Law. You are entitled to a replacement or refund for the major failure of any product. 

5.6      You are 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.

5.7      EZTEK will support the sold product and services limited to product manufacturers supports. will teach the Client basic operation of any digital system that has been installed, advanced operation and some technical supports are available in extra fees and need some basic IT or Networking knowledge from Client side.

5.8      EZTEK will provide basic operation user manual and tuition for all digital product, Application and software related to EZTEK’s product and services.

5.9      Advanced operation, which needs computer and digital knowledge, can be provided on extra time and fees.

5.10   Software update and modification can be done under EZTEK’s supervision; Tampering to Products software or hardware will void the product and/or service warranty

5.11   It is Client responsibility to verify that product and service are fit for purpose as explained in quotation. The prices in the Quotation may vary after the date of issue of the Quotation and that it will pay for additional charges as required by us or any other party

5.12   EZTEK is not responsible for any other related services and products that may delay or interrupt EZTEK's Service and it is Client responsibility to manage and organise such services (Electricity providers, Internet providers, Monitoring Company, Builders, Telecommunication providers and other trades or businesses in same service area.

5.13   EZTEK is not responsible for any events outside of EZTEK's control that affect the Service schedules and /or warrantee.

5.14   EZTEK will not accept any negative feedback before confirmation that we cannot satisfy the Client. It is Client’s responsibility to pay for the damage caused from such a feedback.

5.15   Changing the start date of Service can be involved with extra charge and fee to reschedule labour and machineries (please advise us as soon as you can if any changes occurs.)

5.16   EZTEK Services are not including any cooling-off period but Client has the right to cancel the service before start date, cancellation fee may apply.

5.17   Client has the right to terminate the service if EZTEK has misrepresented the services, product, term or condition. EZTEK is responsible for all the caused damages as a result.

5.18   EZTEK is not responsible for any events outside of our control that affects the project schedules and/or termination.

6     Title & Ownership

6.1      EZTEK and the Client agree that ownership of the Products and Services shall not pass until:

6.1.1      The Client has paid EZTEK all amounts owing to EZTEK; and

6.1.2      The Client has met all of its other obligations to EZTEK.

6.2      Receipt by EZTEK of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honored, cleared or recognised, and until then EZTEK’s ownership and rights in relation to the Products, and this agreement, shall continue.

6.3      It is further agreed that, until ownership of the Products passes to the Client in accordance with clause 6.a:

6.3.1      The Client is only a bailee of the Products and must return the Products to EZTEK on request.

6.3.2      The Client holds the benefit of the Client’s insurance of the Products on trust for EZTEK and must pay to EZTEK the proceeds of any insurance in the event of the Products being lost, damaged or destroyed.

6.3.3      The Client must not sell, dispose, or otherwise part with possession of the Products other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Products then the Client must hold the proceeds of any such act on trust for EZTEK and must pay or deliver the proceeds to EZTEK on demand.

6.3.4      The Client should not convert or process the Products or intermix them with other products, but if the Client does so then the Client holds the resulting product on trust for the benefit of EZTEK and must sell, dispose of or return the resulting product to EZTEK as it so directs.

6.3.5      The Client irrevocably authorises EZTEK to enter any premises where EZTEK believes the Products are kept and recover possession of the Products.

6.3.6      EZTEK may recover possession of any Products in transit whether or not Delivery has occurred.

6.3.7      The Client shall not charge or grant an encumbrance over the Products nor grant nor otherwise give away any interest in the Products while they remain the property of EZTEK.

6.3.8      EZTEK may commence proceedings to recover the Price of the Products sold notwithstanding that ownership of the Products has not passed to the Client.

7     Risk

7.1      The Client accepts that all electronic security systems, smoke detectors, heat detectors, video recorder, cameras and any similar devices installed at or attached to the address are:

7.1.1      for monitoring and detection purposes only and should not be regarded as life saving devices; and

7.1.2      do not guarantee that the address will be free from malicious damage or loss caused by attack and/or breaking or entering.

7.2      It shall be the Client’s responsibility:

7.2.1      to ensure the security system equipment is tested and maintained to full operational condition; and

7.2.2      for all phone calls and data connections emanating from the security system panel; and

7.2.3      to ensure all electronically protected areas are free from obstacles which may impair the operation of the system.

8         Law and Jurisdiction

8.1        https://www.accc.gov.au/consumers/consumer-rights-guarantees

Read 1427 times Last modified on Sunday, 24 September 2017 17:34
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