T & C

Terms of Supply:

The following are the terms on which TECH SUCCESS 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 TECH SUCCESS by completing, and sending to TECH SUCCESS a purchase order (Order) or via email from an 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. Title of Goods remain with Tech Success Pty Ltd until payment is received in full.

2. Payments

Customer must pay TECH SUCCESS invoice within the period specified in TECH SUCCESS’ payment terms with Customer.

TECH SUCCESS 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 the full outstanding balance to remove the account from Credit Hold. Customer agrees to reimburse TECH SUCCESS for any expenses and charged incurred by TECH SUCCESS 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@techsuccess.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.

Stock Return Policy

TECH SUCCESS will refund/ exchange or credit stock ONLY after a Credit Return Authorisation has been approved.

This is subject to the following conditions:

Goods are in original packaging and in a good resaleable condition
Goods have not been damaged
Goods are not part of a special order
Goods that are stock clearance specials cannot be returned
Goods such as software/memory/CPU or HDD cannot be returned
It is possible that some third-party suppliers (not TECH PATROL) will not accept returns unless stock is faulty. In these cases, TECH SUCCESS cannot the specific Third Party stock back as a credit or return.

Credit Return Contact Details

Do not return goods without first obtaining approval from TECH SUCCESS, you will need a Credit Return Authorisation Number.

When returning goods please contact your local sales team or telephone, fax or email for a Credit Return Authorisation (CRA) Number or contact Sales in Sydney.

Phone: 02 9384 8000 or 1300 368 010 (Callers outside of Sydney)
Email: sales@success.com.au
Fax: 02 9363 5665
Please provide the following details to them:

Account name / number
Contact name / number
Invoice No / Date
Item and quantity
Value exclusive GST
Total Value exclusive GST
Reason for return
CRA Numbers will be issued within 24 hours from customer request for return.

Send the stock back to TECH SUCCESS with documentation showing the CRA. Do not mark the stock or send back stock in an unsatisfactory condition. If so they may be returned to the Customer (customer) at the customer’s expense. Ensure all the original parts are included.

Goods returned for credit will be charged a 20% restocking fee (of the cost of the ex-tax price of the goods ) if they are not returned within 7 days from the invoice date.

Refunds shall be a credit on account of applicable invoice in the case of credit account customers or through cheque/electronic payment to the Customer where the account is CBD.

All goods being returned to TECH SUCCESS are to be sent at the Customer’s expense.

Goods that are found to be fault-free will be returned to the customer at their expense and may attract a service fee of $45 ex GST fee depending on the item.

Internet Site & Your Privacy

The company will endeavour to service you in every way. By accessing TECH SUCCESS’ Internet site, there is information that you may offer to the company about your business activities. TECH SUCCESS shall only use that information as part of this company’s business operation. The company will not pass information outside this business. Your security when using a credit card shall be maintained through encryption standards. If you choose not to pay this way please call, fax or e-mail and we will assist you. Please view the Internet Home page for further information relating to Internet use ie Copyright and Privacy.

Anyone entering the TECH SUCCESS web site agrees that they will not alter any vendor content / information/ structure which will impact either upon the vendor or any other of the web site users and which may also be seen as unlawful, invading other ‘s liberties or infringing on copyrights of others.

Customer Comments

Any feedback is welcome. Should TECH SUCCESS action/implement any of these ideas the vendor shall not be liable for using the information offered and is authorised to use this information without recompense.

Indemnity and Limitation of Liability

TECH SUCCESS shall under no circumstances be liable for incidental, special or consequential damages including loss of profit or business opportunity. If any damages are claimed the amount shall be limited to an amount not to exceed the purchase price of the invoiced original product. Under Government Federal and state laws, TECH SUCCESS’ limited liability for any breach shall be:

Costs of having goods repaired or part thereof
Refund of goods once returned
Cost of replacing goods with equivalent or part thereof
Supply of equivalent goods
TECH SUCCESS Web site: The Customer who uses the TECH SUCCESS web site will agree to indemnify the vendor against any claim made against the Vendor by any party in connection with the vendor’s web –site regardless of whether this is an indirect or indirect claim.

TECH SUCCESS and staff and agents endeavour to ensure that the web site information is correct but makes no warranty (express or implied) as to the accuracy of information of products and services that is as permitted by laws of the state.

Your Rights

The above terms do not exclude any rights, which by law may not be excluded, including but not limited to your customer rights under the Trade Practices Act.

Acceptance

The placing of an order upon TECH SUCCESS shall be deemed as acceptance of these Terms and Conditions whether the order is placed verbally, through the Internet, fax mail or email.

4. Cancellation charges

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

5. Warranty

All Products purchased from TECH SUCCESS 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

TECH SUCCESS 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

TECH SUCCESS’ 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 TECH SUCCESS’ 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

TECH SUCCESS 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:

TECH SUCCESS 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 TECH SUCCESS, 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 authorised company representative, either during the course of contracting TECHPATROL for IT services, or for 12 months after any commercial relationship between the Customer and TECH SUCCESS has ceased. If this clause is contravened, Customer agrees, without condition, to pay TECH SUCCESS 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@success.com.au