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Copyright
© 1998
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Terms And Conditions
Charges
1.1
On-Site Standard Charges Are A Set Rate For The First 1/2 Hour Or Part
Thereof And A Set Rate For Each 1/2 Hour Thereafter Or Part
Thereof.
1.2 Equipment Delivered To, Or Taken
By A Technician To, A MCR Workshop Incurs The
Workshop Labour Rate Which Is A Set Rate Per 1/2 Hour Or Part Thereof.
1.3 All Charges For On-Site/Workshop
Labour And Parts Are The Responsibility Of The Customer.
1.4 All Equipment Sold By
MCR Will Include All Relevant Government Taxes
(E.G. GST) Unless The Customer Supplies All The Appropriate Paperwork,
Fully And Correctly Completed For The Applicable Exemption At The Time
Of The Order.
1.5 Service Call Charges Cover Labour
Only. Any Parts Supplied Are Chargeable.
Payment
2.1 Standard Service Calls Are
Strictly C.O.D. Payable At The Completion Of The Service Call.
2.2 Payments For Service
Calls Not Made As Per The C.O.D. Requirements Of MCR
Will Immediately Incur A Service Fee Equivalent To The Appropriate
Account Rate.
2.3 Account Service Calls Are Payable
Strictly 7 Days From Completion Of The Service Call, Interest At The
Rate Of 20% Per Annum Will Be Charged On Outstanding Accounts.
2.4 Accounts Will Only Be Considered
After 3 Months Of Consistent Regular Trading And Are To Be Authorised In
Writing By MCR Management.
2.5 The Person Listed On The Front Of
This Form Certifies That The Technician Has Been On-Site For The Times
And Dates Listed.
2.6 The Person Listed On The Front Of
This Form Hereby Takes Responsibility For The Payment Of The Service
Call And Any Parts/Components Used.
2.7 No Further Service Work Will Be
Completed And/Or Supply Of Equipment Will Be Made Available To Any
Customer Who Is Financially Outside The Payment Terms Of MCR.
Ownership
3.1
Title To The Goods Shall Not Pass To The Purchaser Until Payment In
Full Of All Goods And Services On All Invoices Is Received By The Vendor
From The Purchaser Including All Monies Owing To MCR
And The Purchaser Shall;
3.1.1 Store Goods Which Have Not Been Paid For Separately And
Marked In A Way That Is Clearly The Property Of MCR.
3.1.2 Keep Separate Records In Relation To The Proceeds Of The
Sale Of Any Goods Which Have Been Sold, Bank The Proceeds Of Any Such
Sale In To A Separate Account And Immediately Remit Such Funds To The
Credit Of MCR.
3.1.3 If Any Goods Are In A Manufacturing Process Or Mixed Or
Combined With Other Materials The Purchaser Shall Record The Value Of
Goods So Consumed In Relation To Each Unit Of Finished Product And Upon
Sale Of Any Unit Of Finished Product Immediately Remit That Amount From
The Proceeds Of Sale To MCR And Be Given The
Ownership Of These New Goods As Surety Of The Full Payment Of What The
Purchaser Owes MCR.
3.1.4 Until The Moment Of Full Payment Of What The Purchaser
Owes MCR, The Purchaser Shall Keep The Objects In
Question For MCR In His/Her/Its Capacity Of
Fiduciary Owner And, If Required, Shall Store These Objects In Such A
Way That They Can Be Recognised As Such.
3.1.5 If The Purchaser Does Not Pay For Any Goods Or Services
On The Due Date Specified In This Agreement MCR And
Its Servants And Agents Are Hereby Irrevocably Authorised By The
Purchaser To Enter The Purchaser's Premises (Or Any Premises Under The
Control Of The Purchaser Or As An Agent Of The Purchaser If The Goods
Are Stored At Such Premises) And Use Reasonable Force To Take Possession
Of The Goods Without Liability For The Tort Of Trespass, Negligence Or
Payment Of Any Compensation To The Purchaser Whatsoever.
Warranty
4.1
All New Equipment Supplied Comes With The Standard Return To Base
Manufacturers Warranty.
4.2 Any Repairs To Equipment Attracts
A 90 Day Limited Warranty To The Actual Hardware Components Repaired.
4.3 Warranty Claims Found To Be
Software And/Or Configuration Error And/Or Caused By The User Will
Attract A Labour Charge.
4.4 Any Warranty Repairs Carried Out
At The Discretion Of The Technical Manager Will Be Completed At A Time
And Date During Normal Business Hours At A MCR
Service Centre.
4.5 Any Warranty Repairs Completed Are
Done To The Satisfaction Of The Technical Manager. The Manager's
Decision Is Final And Binding.
4.6 MCR Is Not
Responsible For Loss Of Data; Recovery Of Data; The Making Of Backups;
Or For Consequential Loss/Damage Outside The Control Of MCR.
4.7 Unless Specifically Mentioned In
The Initial Invoice The Warranty Period From Date Of Purchase Is;
Computer/Monitor/Peripherals -12 Months; Mouse/Keyboard/Joystick/Printer
Cable -3 Months.
4.8 Any Warranty Offered Is Return To
A MCR Service Centre (Back To Base) Unless Specified
In Writing.
4.9 Any On-Site Warranty Offered Is
Only Available During Normal Business Hours Which Are 9 am To 5 pm
Weekdays. The Time And Date Of The MCR Technician’s
Attendance On-Site Is At The Discretion Of The Technical Manager But Is
Usually Within 8 Working Hours.
4.10 Any Warranty Claim Made Causing
Some Action, Reaction, Cost, Purchase Or Other Financial Demand On
MCR That Is Caused By A Specific Exclusion To
Warranty Repair Will Immediately Become The Responsibility Of The Person
Making The Warranty Claim. Such Responsibility Will Become Immediately
Payable To MCR.
4.11 All Freight Costs Are The
Responsibility Of The Purchaser.
Warranty Exclusions
5.1 All Software Configurations
Including Computer BIOS Settings, Adapter Configurations, Storage Device
Configurations, Network Connections And Other Installation Software For
Input/Output Devices Attached To The Computer.
5.2 Damage Or Malfunction Caused By
Overuse, Abuse, Consequential Loss, Accidental Damage Or Any
Environmental Situation Beyond The Control Of MCR Or
The Manufacturer.
5.3 Any Changes To The Original
Configuration Of The Software Operating System Installed On The System.
5.4 Software Installation Or
Re-Installation And Any Data Or Stored Information.
5.5 Equipment
Not Supplied And/Or Installed By A Hardware Technician Employed By
MCR
Or At A MCR Service Centre.
5.6 Any Damage Caused By Installation Of Equipment Not
Supplied By MCR Or Any Damage Caused By Any
Unauthorised Person Installing Such Equipment.
5.7 Any On-Site Attendance By
MCR Technicians Unless A Mcare On-Site Warranty Maintenance
Plan Was Purchased At The Initial Sale.
5.8 Systems With
MCR Warranty Labels Attached Which Have Been Removed, Tampered With
Or Otherwise Interfered With.
Disclaimer
6.1
MCR Accepts That All Due Care And Diligence Will Be
Taken With Any Items Taken Or Received From Customers Including Fire And
Theft, However, MCR Cannot Accept Responsibility For
Flood, Power Spikes And Surges Or Any Other "Acts Of God" That Are
Outside The Control Of MCR.
6.2 The Person Listed On The Front Of
This Form Hereby Authorises MCR And Its Employees To
Perform The Work Required To Get The Item Into A Reasonable Working
Condition As Specified By The Customer. This Includes Removing
Components And/Or Software To Achieve That Condition Including The
Removal And/Or Formatting Of Hard Drives.
6.3 The Supply And/Or Re-Installation
Of Software And/Or Backups Will Be The Responsibility Of The User.
6.4 MCR Will Not
Load And/Or Configure Software Which Is Deemed To Be Pirated.
Mcare
7.1 A Mcare On-Site Warranty Plan Covers
The Hardware And Software Only At The Locations As Listed On The
Application Form. Attendance To Any Other Site, Or Computers Without
Mcare Labels Attached, Will Be Charged Normal Labour Rates.
7.2
Mcare
Covers All Hardware Attached To A Computer Including Printers,
Scanners, Multi-Function Devices, Etc.
7.3 All Software
To Be Reloaded By MCR, Including The Operating
System, Must Be Legal Software (Non-Copyright Infringing) And Supplied
By The Owner Of The Computer.
7.4 Free Service
Calls, Depending On The Plan, And Are
Limited To One Free Service Call Per Customer, Per Day. Any Requirement
For The Technician To Stay On-Site For Longer Than The Plan Allows Then Normal
Rates And Conditions Apply.
7.5 Free Service
Calls Cover Labour Only To The Time Limit Of The Particular Plan. Parts
Supplied Not Under Warranty Are Chargeable.
7.6 All Service
Calls Will Be Attended To Within The Agreed Time Frame. MCR Reserves The Right To Extend These Times Given Abnormal
Workloads Outside The Control Of MCR.
7.7
All Mcare
Plans Are Valid For 12 Months Or As Otherwise Specified. Reported
Computer Faults Cannot Be Held Over Or Transferred To Future Free
Service Calls.
7.8 MCR Will Re-Configure The Operating System And Other
Software And While All Best Endeavours Will Be Made, MCR Cannot Guarantee The Performance Of The Software.
7.9 Any Faulty
Computer System Still Covered By Manufacturers Warranty And The
Manufacturer/Retailer Is Known, And Has A Business Office/Retail Outlet
In That Capital City, And With The Permission Of The Owner Of The
Equipment, MCR Will Return The Computer System To
That Business Office/Retail Outlet.
7.10 The Owner Of
The Equipment Is Responsible For Supplying The Appropriate Paperwork
Regarding Warranty Service Is Also Responsible For The
Collection Of Any Equipment Taken By MCR To A
Warranty Repair Centre, Supplier, Manufacturer Or Retailer.
7.11 MCR Is Not Responsible For Loss Of Data; Recovery Of Data; The
Making Of Backups; Or For Consequential Loss/Damage Outside The Control
Of MCR.
7.12 Repairs On-Site Are
Limited By The Availability Of Parts. All Parts, Components And/Or
Equipment Supplied By MCR Comes With A Return To
Base Limited Manufacturers Warranty, Unless Otherwise Stated In Writing.
7.13 MCR
Reserves The Right To Take Equipment Off-Site To Complete Any Repairs
Not Covered By Warranty. Equipment Taken Off-Site For Workshop Repairs
(By MCR) Is Subject To Time Delay. These Repairs
Will Be Returned To The Owner As Soon As Possible.
7.14 Monitor Repairs When
Taken Off-Site Are Subject To Off-Site Labour And Parts Charges.
Replacement Monitors Are Available At A Flat Rate Of $30 Pre-Paid For
The Duration Of The Repair.
7.15 Free Hours Not
Taken Cannot Accumulate Into Future Memberships And Are Not
Transferable.
7.16
Mcare
Usage Is Charged In 1/2 Hour Increments. Telephone
Help Desk (1300 887766) And Remote Access Support Is Charged In 15
Minute Increments.
7.17 These Conditions Are
Governed By The Laws Of The State Of Victoria.
General
8.1
All Software To Be Reloaded By MCR, Including The
Operating System, Must Be Legal Software (Non-Copyright Infringing) And
Supplied By The Owner Of The Computer.
8.2 All Service Calls Will Be Attended
To Within The Agreed Time Frame. MCR Reserves The
Right To Extend These Times Given Abnormal Workloads Outside Its
Control.
8.3 MCR Will
Re-Configure The Operating System And Legal Software And While All Best
Endeavours Will Be Made, Cannot Guarantee The Performance Of The
Software.
8.4 Any Hardware Still Covered By A
Return To Base Warranty And A Hardware Fault Is Detected, It Is The
Responsibility Of The Owner Of The Equipment To Return That Hardware To
The Retailer.
8.5 Monitor Repairs When Taken
Off-Site Are Subject To Off-Site Labour And Parts Charges. Replacement
Monitors Are Available At A Flat Rate Of $30 Pre-Paid For The Duration
Of The Repair.
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