The Company: Ironstone Technology Pty Ltd Trading as NetSense Computers (hereinafter referred to as The Company).
The agreement between The Company and the customer for supply of goods
and services as defined by the Proposal, Quotation, Estimate and/or
Invoice, or oral or written request of the customer, and include these
Terms and Conditions unless otherwise agreed in advance. The Contract
is limited to those goods and services specifically requested by the
Third-Party Products: Products not developed by The Company.
The Contract will be interpreted according to the laws of New South
Wales and Australia. If any portions of it become illegal through any
process, they will be deleted without negating the remainder.
Basis and Validity of Price
Prices quoted include GST, unless otherwise specified.
for hardware, Third-Party software and Third-Party services are valid
if accepted within 7 days of the date shown, and subject to
confirmation thereafter, unless otherwise stipulated.
for services are valid if accepted within 30 days from the date shown,
and subject to confirmation thereafter, unless otherwise stipulated.
are based on reasonable expectations of customer configuration based on
site inspections and the assumption of professional maintenance and
preparation for the Contract. Should these expectations prove
incorrect, NetSense Computers reserves the right to levy additional
Acceptance of Contract
The Contract will be considered to have been accepted on:
- the receipt by The Company of an official Purchase Order or company letter from the customers
- an oral acceptance, whether or not confirmed in writing
- an email or verbal instruction to proceed
- payment by the customer of a deposit
acceptance will constitute acceptance of all provisions of the Contract
unless specifically excluded and agreed by The Company.
Acceptance of a Contract by the customer does not constitute a commitment by The Company to supply as ordered.
Terms of Payment
Payment is due on presentation of invoice, or as otherwise defined in
writing. Any alternative arrangements must be approved in writing by
The Company prior to commencement of Contract.
Verification of Completion
completion of The Contract, Company personnel will conduct testing to
verify completion. The customer will ensure access is provided to
confirm completion of The Contract.
Where any part of the Contract relies on External, Third Party or
customer-Owned or Provided Hardware, Software or Services over which
The Company cannot be expected to exercise control, The Company will
not be held liable for the quality or timeliness of such work, or for
its correction. Where The Company incurs costs due to such External,
Third Party or customer-Owned or Provided Hardware, Software or
Services, additional charges may apply.
Work considered by The Company to be outside the scope of
work estimated may incur additional costs. Such additional cost will be
agreed as described in Variation of Contract (below).
Variation of Contract
The Contract may be varied by agreement between The Company and the
customer. Consequent changes in the Contract fee will be agreed in
writing, or be charged at The Company's normal hourly rate.
Ownership of Goods Supplied
The ownership of all hardware and software supplied under the Contract,
and the rights to all materials prepared under the Contract, will
remain with The Company until all invoices are paid at its conclusion.
storage charge of $15 per month accrues on unclaimed goods, starting
one calendar month after the date The Company notifies the customer the
goods are ready for collection or delivery.
goods become the property of The Company after 90 days unless prior
arrangements are made for storage and payment of outstanding balances.
Disposal of unclaimed goods is at the discretion of The Company, and
the moneys received from disposal will be credited against any unpaid
Non-payment of Invoices
Balances outstanding for more than 30 days will attract a monthly
service charge of $10.00. The Company reserves the right to suspend or
terminate work where invoices have not been paid.
The Company has supplied goods and services for which it has not been
paid, but which are in use by the customer, The Company reserves the
right to disable such goods and services until paid. A re-enabling
charge may apply.
If there is total
default of payment, The Company will initiate legal action through the
Local Court to recover Contract fees. The costs of that action accrue
to the customer's account.
Termination of Contract
The Company and customer may mutually terminate the Contract, or the
customer may unilaterally terminate the Contract by written notice. In
either event, termination is subject to payment of all outstanding fees
and expenses, including payment for partially completed work, unless
otherwise agreed by The Company.
The Company will make any required selection of staff or sub-contractors allocated to any or all of the Contract.
The Intellectual Property and copyright for all work carried out by The
Company remains with The Company unless specifically included in the
The Company undertakes to divulge only such customer information and
documentation as is agreed, and only to those persons and organisations
agreed. The customer undertakes to divulge only such Company
information and documentation as is agreed, and only to those persons
and organisations agreed. All such agreements will be in writing.
Non-Acceptance of Technical Advice
Where the customer does not accept or otherwise fails to act in
accordance with technical advice provided by the Company, all
consequent costs will be borne by the customer, and no liability will be
accepted by the Company.
Under no circumstances and under no legal theory, tort,
Contract, or otherwise, will The Company, its Suppliers or Resellers be
liable to the customer or any other person for any indirect, special,
incidental, or consequential damages of any character including,
without limitation, damages for loss of goodwill, work cessation,
computer malfunction, or any and all other commercial damages or losses.
no event will The Company, its Suppliers or Resellers be liable for any
damages in excess of The Company's list price for the Products or
Services, even if The Company, its Suppliers or Resellers shall have
been informed of the possibility of such damages, or for any claim by
any other party. This limitation of liability will not apply to
liability for death or personal injury to the extent applicable law
prohibits such limitation.
customer always bears responsibility for the integrity of their data and
backups. The Company, its Suppliers or Resellers will not be held
liable to the customer or any other person for any data loss whether or
not resulting from failure of or to backup, whether or not any such
backup was configured by The Company.
Products sold by The Company carry a 12-month warranty unless other wise stated on the goods. Selected components may have extended manufacturer warranties. Any 2nd-hand components carry a 1-month warranty.
the event of failure within the warranty period, The Company will
investigate, and arrange to have the components repaired or replaced
(at the manufacturer's discretion) at no cost to the customer. 2nd-hand
components will be replaced by components of a similar age and
In the event a component fails
outside The Company's warranty period but within the manufacturer's
warranty period, The Company will investigate, and arrange to have the
component repaired or replaced (at the manufacturer's discretion) at no
cost to the customer. Charges may apply for removal and re-installation
of the components.
The Company will not be
held liable for the timeliness of warranty replacement or repair
conducted by the component manufacturer, or for loss of software or
data resulting from component manufacturer repair or replacement.
Software & Configuration
The Company provides no warranty on the functionality or reliability
of software, or its compatibility with any system or other software.
In the event of a software configuration-related deficiency discovered at the time of delivery, and the fault is reported within 7 days,
The Company will correct, at no charge, any issue where we believe the
fault was present at the time of delivery, and where the customer has .
In the event of a deficiency discovered in a service provided by The Company within 7 days
of the completion of the Contract, The Company will correct, at no
charge, any issue where we believe the fault was present at the time of
If any unresolved disputes arise as to the interpretation or execution
of the Contract, the dispute will be referred to the Local Court.
Failure of The Company to enforce any right within this Contract will
not constitute a waiver of such right or of any other right, and will
not prohibit the exercise of the same right at a future date.