Terms of Trading
TERMS OF TRADING (“TERMS”):
You should read these Terms carefully before signing as it contains important information about your rights and responsibilities when entering into any contract for service with Us, Benchmark IT Services (“We”, “Us” or “Our”) (ABN: 422 803 87329). Where applicable, these terms apply to all transactions entered into between Us and You and includes terms relating to all work performed by Our Technicians. These Terms are in no way intended to limit or reduce your statutory rights under the Australian Consumer Law (“ACL”) and the ACL shall prevail wherever inconsistencies occur.
1. ‘NO FIX, NO FEE’ GUARANTEE:
If We are unable to fix/repair (“fix”) your equipment or provide You with a solution to fix your equipment, You will not pay anything, even if one of Our Technicians attends onsite. You should know that often the only solution to a problem might be that You need to upgrade your system software or hardware, which of course is likely to involve You spending extra money. If this is Our advice for fixing a problem, You will still be charged a service fee and for Our time to attend onsite as this is considered a solution or a fix to your problem, irrespective of whether You choose to follow Our advice or recommendations. a) NOTE: for data recovery and laptop/hardware repairs an assessment fee is charged and is not refundable under the ‘No Fix, No Fee’ policy. You should know that in some cases We may be unable to either recover files for data recovery or repair the laptop/hardware equipment at a lower cost than the price for new equipment of similar or identical quality.
2. 14-Day Work Guarantee:
We offer a 14-day work guarantee on all labour performed by one of Our Technicians. Only the work performed (as invoiced) is covered under the warranty and, at Our discretion, We may elect to have the same Technician attend onsite to fix the problem. You must allow Us proper opportunity to fix or rectify any faults or problems. You will not be entitled for reimbursement (by way of money or services) if You engage another service provider to fix or repair any problems that You allege were caused by Us. In addition, Our technician reserves the right to determine, upon proper inspection of your system, whether or not any problems or faults are either a direct, related or unrelated occurrence to any work that We performed. If the problem is unrelated, You will not be entitled to reimbursement.
3. WARRANTY TERMS:
a) 1-Year Warranty on All Assembled Systems and Hardware: We offer a manufacturer’s warranty on all hardware and a 1-year warranty on all assembled systems, assembled by Us. All warranties are voided if the relevant warranty label(s) has/have been removed or tampered with. The original invoice must be supplied for all warranty claims. In no way does this warranty cover You for any hardware faults caused by viruses or malware, software,operating systems, applications or programs.
b) 3-Month Warranty on all Hardware Repairs: We offer a standard 3-month warranty on all hardware repair parts purchased through Us or provided to You by Us. Proof of purchase is required for all warranty claims. At the time of purchase You may choose to purchase an extended warranty from Us for an additional charge (TBA).
c) No Warranty for Loss of Data: Fixing and repairing problems with computers and hardware is inherently risky when it comes to ensuring that data is not lost or damaged in the process. Whilst every effort is made to ensure the safety of your data, We make no warranties or guarantees, either expressly or impliedly, that your data will not be damaged and/or lost during any repairs or maintenance performed on your system. You are strongly encouraged to back-up your data or system prior to Our technician attending on site. Our technician can back-up your data for You for an additional charge (TBA).
d) General Disclaimer: As far as the law permits, We are not liable for any damages for loss, theft, injury or death howsoever caused. This extends to any third parties.
e) Where applicable, You are responsible for any courier costs and insurance costs for purchased and warranty goods.
15% restocking charge will apply on all goods claiming a refund. No refunds will be given after 14 days from date of purchase. All returned goods must be in complete working order and must be of saleable quality and in the original packaging, which must also be in good condition. Proof of purchase is required for all requests for a refund. There are no refunds on consumable items, unless otherwise stated and/or offered by the manufacturer. All discrepancies with your purchase must be made in writing to firstname.lastname@example.org and must be made within 24 hours of purchase.
5. Payment Terms:
Unless otherwise stated in writing, payment terms are strictly “payment-on-delivery” for all goods and services rendered. For service all calls, payment must be made at the completion. We accept payment by cash, credit card & direct deposit.
6. Debt Collection:
We have a formal debt collection process. If You do not pay Our invoice within seven (14) days, your contact details will be forwarded to our debt collectors to recover the debt. You may also be liable for additional costs and/or fees.
We will not share your personal details or discuss any of your personal information with any person not expressly authorised by You. Authorisation must be made in writing to Us and must include your name, address, date of birth, signature and date.
8. Same day Service:
In most cases We guarantee same day service, however You must call our office before 10:00am on the day of service to confirm your booking. It is NOT guaranteed that Our technician will be able to complete the service or fix your problem on that same day and there may be a requirement to have the Technician return on another day or take the equipment away for further work and diagnosis.
9. Sundry Expenses/Parking Expenses:
Any sundry or additional expenses incurred by us in providing services to You will be added to the invoice. For example, this may include the reasonable cost of parking if You are unable to provide free parking at a convenient distance from your home or place of business. If Located in the CBD We recommend providing accurate parking directions to us when you book your appointment.
10. Home or Office (“Onsite”) Repairs:
a) For your safety, We promise to ensure that all of Our Technicians receive thorough and regular Police background checks.
b) You or an adult over the age of 18 must be present at all times whilst one of Our Technicians attends onsite. For everyone’s safety, under absolutely no circumstances must minors or children under the age of 18 be left alone without adult supervision whilst a Technician attends onsite.
c) You warrant that You are an authorised person who has authority to permit a Technician to attend onsite and you acknowledge that We will take no responsibility for any loss or damage due to any misrepresentations made by You with respect to this.
d) You must ensure that You or an authorised person is available to allow Our Technicians access to your property at the scheduled time. If Our Technicians are unable to access the property or equipment or if they are made to wait for an excessive amount of time, whether caused by You or another person reasonably associated with you, You will be charged a service fee including the applicable rate for any time spent on-site.
e) You must ensure that the site is safe and free from any hazards or potential health dangers. Our Technician reserves the right to refuse to repair your system if they feel unsafe.