Company: Ironstone Technology Pty Ltd Trading as
NetSense Computers (hereinafter referred to as The
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 customer.
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.
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
services are valid if accepted within 30 days from the
date shown, and subject to confirmation thereafter,
unless otherwise stipulated.
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 reasonable costs.
Acceptance of Contract
The Contract will be considered to have been accepted
the receipt by The Company of an official Purchase
Order or company letter from the customers
oral acceptance, whether or not confirmed in writing
email or verbal instruction to proceed
by the customer of a deposit
will constitute acceptance of all provisions of the
Contract unless specifically excluded and agreed by The
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.
completion of The Contract, Company personnel will
conduct testing to verify completion. The customer will
ensure access is provided to confirm completion of The
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
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.
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
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.
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.
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
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 Contract.
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
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
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.
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 condition.
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
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
Company provides no warranty on the functionality or
reliability of software, or its compatibility with any
system or other software.
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 .
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 delivery.
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.