Terms and Conditions

Terms of Supply:

The following are the terms on which TECHPATROL will supply, and Customer must acquire products including Computer

Hardware, Software, any other components (Products), related services including maintenance and support (Services).

1. Ordering

Customer may order IT Products and Services from TECHPATROL by completing, and sending to TECHPATROL a purchase order (Order) or via email from authorised company representative. In placing an Order, Customer agrees to be bound by these Terms of Supply and agrees that if there is any inconsistency between the Terms of Supply and an Order, the Terms of Supply will govern to the extent of any inconsistency.

2. Payments

Customer must pay TECHPATROL invoice within the period specified in TECHPATROL’s payment terms with Customer.

TECHPATROL reserves the right to charge a monthly late fee for amounts outstanding over 30 days. The late fee will be calculated as 5% of outstanding balance and will be applied to customers account on the last day of each month. Credit Account will be placed on Credit Hold after any invoice is over 60 days old and Customer will need to pay full outstanding balance to remove account from Credit Hold. Customer agrees to reimburse TECHPATROL for any expenses and charged incurred by TECHPATROL in attempting to recover from Customer any overdue amounts, including without limitation, debt collection, and legal fees.

3. Dispute of Invoices
Any dispute on invoices should be emailed to our Accounts Department at accounts@techpatrol.com.au within the stated Payment Terms, or else no claim will be addressed. The relevant invoice will be flagged as being reviewed and a response will be made within 10 business days of your claim. Payment cannot be withheld from other outstanding undisputed invoices while your claim is being reviewed or in the result that your claim is unsuccessful.

4. Cancellation charges

If TECHPATROL becomes liable to pay a Supplier’s cancellation or rescheduling fee due to Customer cancelling an Order, then TECHPATROL may recover these fees from the Customer.

5. Warranty

All Products purchased from TECHPATROL are covered by the applicable Supplier’s warranty. Customer must refer to the warranty details and specified repair period stated on the Product or in associated documentation

6. Exclusion of Liability

TECHPATROL does not exclude or limit the application of any provision of any statute (including the Trade Practices Act 1974) where to do so would contravene that statute or cause any part of this agreement to be void

TECHPATROL’s total liability to Customer:

(a) for a breach of an express term of these Terms of Supply is limited to refunding the amount paid by Customer for the Products or Services in respect of which the breach occurred; and

(b) for a breach of any Non-excludable Condition (other than one implied by s69 of the Trade Practices Act 1974) is limited, at TECHPATROL’s option, to any one of supplying, repairing or replacing, or paying the cost of supplying, repairing, or replacing the Products or supplying again or

(c) paying the cost of supplying again the Services in respect of which the breach occurred

TECHPATROL excludes:

(a) all conditions, warranties and terms implied by statute, general law or custom, except any Non-excludable Condition

(b) all liability to Customer in contract for consequential or indirect damages arising out of or in relation to Products or Services or any delay or other failure in supplying any Products or Services or these Terms of Supply even if:

TECHPATROL knew they were possible or

They were otherwise foreseeable, including without limitation, lost profits and damage suffered as a result of claims by any third person, such as a customer of Customer; and

All liability to customer in tort (including without limitation, negligence) and bailment for acts or omissions of TECHPATROL, its employees, agents and subcontractors arising out of or in relation to Products, Services or any delay or other failure in supplying any Products or Services or these Terms of Supply

Products pass to Customer on payment by Customer of the purchase price for those Products and all delivery and insurance costs in relation to the Product.

7. General

(a) These terms of supply are governed by the law applicable in the state of purchase by Customer of Products or Services and both parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that state. If a disputer arises concerning these Terms of Supply, then the dispute must first be referred for mediation in accordance with the Australian Commercial disputes Centre Mediation Guidelines

(b) Neither party shall offer employment or contract for services the personnel of the other party, unless with written permission from authorized company representative, either during the course of contracting TECHPATROL for IT services, or for 12 months after any commercial relationship between the Customer and TECHPATROL has ceased. If this clause is contravened, Customer agrees, without condition, to pay TECHPATROL compensation of $AU 50,000 to cover the loss of staff productivity and for the purposes of recruitment and training of new staff member.

 

If you have any further questions please don't hesitate to contact: support@techpatrol.com.au