TERMS AND CONDITIONS
Please take a few minutes to read the following terms and conditions that govern your use of our services. They protect your – the customer's - legal rights as well.
1. Inspection Fee
A non-refundable inspection fee is payable at the time of booking. By paying the inspection fee, the customer agrees to Cairns-ESC undertaking an inspection of their equipment to attempt to identify any fault/s and the customer accepts that some methods and/or techniques of inspection that may be undertaken by Cairns-ESC may alter the condition of the equipment. Cairns-ESC accepts no liability for any changes and/or alterations made to the equipment through inspection, unless those changes and/or alterations occur as a result of negligence on the part of Cairns-ESC. Cairns-ESC accepts no liability for any faults not identified during an inspection, including but not limited to those faults unable to be identified due to the condition and functionality of the equipment at the time of inspection, except only in the event that the non-identification of any fault is due to negligence on the part of Cairns-ESC. Cairns-ESC reserves the right in its absolute discretion to refuse to undertake an inspection of any item of equipment.
2. Quotation for Repairs and/or Service
Cairns-ESC will provide a quotation for cost of rectifying identified fault/s only. The quotation is valid for a period of 14 days from the date of the quotation. This period is able to be extended at the absolute discretion of Cairns-ESC only. The customer is able to accept the quotation and authorise the repairs and/or services detailed in that quotation either orally (in person or via telephone) or in writing (including email). The customer agrees that Cairns ESC is not bound to any quotation given for any parts and/or goods and/or services provided by an independent third party (including but not limited to manufacturers) and any such quotation is subject to change even after acceptance by the customer of any quotation provided by Cairns ESC. If any other fault/s are identified by Cairns-ESC during repairs, which were not identified at the time of inspection for whatever reason whatsoever (excepting negligence on the part of Cairns-ESC) then Cairns-ESC reserves the right to either amend the quotation to include a quotation for the cost of rectifying the newly identified fault/s and/or to issue a new and separate quotation for the cost of rectifying the newly identified fault/s. If the quotation (original, amended and/or supplementary) is rejected, the customer has the option of collecting their equipment from Cairns-ESC, subject to these terms and conditions. Alternatively, the customer may elect to surrender all right, title and interest in the equipment to Cairns-ESC for the purposes of disposal, subject to these terms and conditions. Cairns-ESC reserves the right in its absolute discretion to refuse to provide a quotation for repairs and/or services required to rectify any faults identified during inspection and/or reserves its right in its absolute discretion to refuse to undertake any repairs and/or services on any item of equipment.
If the customer accepts the quotation provided by Cairns-ESC in accordance with these terms and conditions, and/or accepts an amended or supplemental quotation, Cairns-ESC will require payment of a deposit towards professional services and outlays to the value of 50 per cent of the total quotation, for any single quotation the total of which exceeds $100.00.
4. Online Orders
If a customer books, orders or otherwise authorises an inspection using Cairns-ESC’s online ordering system (www.cairns-esc.com./order or www.cairns-esc.com.au/order) in completing the online ordering system, the customer agrees and accepts that these terms and conditions will apply. Online orders will be valid for a period of 30 days from the date of the online order. This period is able to be extended at the absolute discretion of Cairns-ESC only. At the expiration of 30 days from the date of the online order, Cairns-ESC may in their absolute discretion, elect to email the customer to inform them of pending cancellation of their online order. The receipt or non-receipt by the customer of such email notification does not in any way affect Cairns-ESC’s right to cancel an online order. On completion of an online inspection booking, a confirmation email will be sent to the email address provided by the customer, including a tracking number. It is the responsibility of the customer to ensure that the email address provided to Cairns-ESC is valid and belongs to the customer, and Cairns-ESC accepts no responsibility or liability should the customer fail to receive the confirmation email.
5. Online Tracking System
Cairns-ESC offers a convenient online tracking service of repair/service status updates for its customers. This can be accessed through www.cairns-esc.com or www.cairns-esc.com.au using the unique tracking number provided to each customer with a valid email address (registered at the time of booking) when the equipment is booked in for repair and/or service. The number may be provided in person, by telephone or by written communication (including but not limited to email).
6. Processing Time for Repairs and/or Services
Cairns-ESC aims to complete all orders and/or bookings for repairs and/or services in the quickest possible time, while still maintaining service standards, however time of completion for repairs and/or services is entirely dependent upon availability and/or delivery of spare parts which are supplied by third parties. Cairns-ESC accepts no responsibility or liability for any delay caused as a result of any third party, including but not limited to spare parts manufacturers.
7. Urgent Orders
A customer is able to request Cairns-ESC process repairs and/or services on an “urgent” basis. Cairns-ESC may agree to an urgent order at its absolute discretion. Any urgent order may incur an additional fee which the customer agrees to pay. Any urgent order accepted by Cairns-ESC is accepted on the basis that these terms and conditions apply in their entirety.
Cairns-ESC accepts cash, direct deposit and/or electronic funds transfer. All invoices are to be paid in full within seven days of the date of the invoice. The customer agrees and accepts that Cairns-ESC reserves the right to a possessory lien over any and/or all equipment deposited with Cairns-ESC to the value of any and/or all outstanding invoices due and payable by the customer in relation to that equipment until such time as the outstanding invoice/s is/are satisfied. The customer agrees and accepts that any possessory lien exercised by Cairns-ESC in accordance with this clause is in addition to, and does not abrogate from, any other right exercisable by Cairns-ESC under these terms or at law.
9. Off-Premises Servicing and/or Repairs
Cairns-ESC reserves the right in its absolute discretion to decline attending to an inspection and/or repair and/or service at any location outside Cairns-ESC’s premises, including any service claimed under any warranty, whether or not that warranty is provided by Cairns-ESC. In the event a customer requests an inspection and/or service and/or repair at a location other than the premises of Cairns-ESC, the customer agrees to be bound by these terms and conditions for any such inspection and/or service and/or repair as if such inspection and/or service and/or repair had occurred at the premises of Cairns-ESC. The customer further confirms that for the duration of the inspection and/or service and/or repair the customer surrenders the physical and legal control of the equipment to Cairns-ESC in accordance with these terms and conditions.
10. Warranty on Repairs
Cairns-ESC provides a warranty on all services and labour provided by Cairns-ESC in the repair and/or service of the customer’s equipment. This warranty is for a period of three calendar months commencing on the date the equipment is collected from Cairns-ESC’s premises. The warranty is voidable by Cairns-ESC in the event the equipment is tampered with and/or deliberately altered from the condition as at either the time of pick-up from Cairns-ESC’s premises or as at the time the equipment is returned to the physical control of the customer, in the event of an inspection and/or service, and/or repair completed at an address other than Cairns-ESC’s premises, and/or the equipment is otherwise inspected and/or serviced and/or repaired by a person or business (whether qualified or not) other than Cairns-ESC. The warranty is limited to those services and labour as outlined by Cairns-ESC in its Pick-Up/Warranty Form which is provided to the customer on collection of the equipment. The warranty specifically does not extend to the physical condition and/or functionality of any and all spare and/or replacement parts installed by Cairns-ESC. The customer should keep the Warranty Form in a safe place as it may be required when making a claim under this warranty. Cairns-ESC reserves the right in its absolute discretion to request proof of warranty prior to undertaking works under a warranty claim.
11. Warranty on Parts
Cairns-ESC does not in any way independently warrant any parts or equipment. In the event that a warranty claim is found by Cairns-ESC to result from anything other than the services and labour of Cairns-ESC, Cairns-ESC reserves the right to request the customer deliver the equipment and the customer’s original receipt prior to Cairns-ESC facilitating any warranty claim on behalf of the customer to the third party. Cairns-ESC in no way warrants or otherwise guarantees that any warranty claim made by a customer to a manufacturer, either through Cairns-ESC or otherwise, is capable of acceptance and/or action and Cairns-ESC accepts no liability in relation to any warranty issued by any third party, including but not limited to parts manufacturers.
12. Cancellation / Termination
If a customer wishes to cancel or otherwise terminate an inspection, the customer must do so prior to delivery of the equipment to the premises of Cairns-ESC. Once the equipment is delivered to the premises of Cairns-ESC the customer undertakes to pay the inspection fee. This requirement is able to waived at the complete discretion of Cairns-ESC. If a customer wishes to cancel or otherwise terminate a service and/or repair, the customer must notify Cairns-ESC as soon as practicable. On termination, the customer agrees to pay for all services undertaken by Cairns-ESC and/or all spare parts ordered and/or installed by Cairns-ESC on behalf of the customer, up to and including the date of termination. This term is also deemed to apply in the event a supplemental and/or new invoice is supplied to a customer, and that supplemental and/or new invoice is rejected by the customer.
13. Collection / Storage
Cairns-ESC requests that the customer collect their equipment within seven days from the date the customer is notified by Cairns-ESC that the repairs and/or service have/has been completed and the equipment is available for collection. It is a requirement that any and all outstanding invoices be satisfied in full prior to release by Cairns-ESC of the equipment to the customer. If the customer wishes someone other than themselves to collect the equipment they are to notify Cairns-ESC prior to attempting collection of the equipment. In addition to any other lien exercisable by Cairns-ESC over the equipment either pursuant to these terms and conditions or at general law, the customer is put on notice that should the customer fail to collect their equipment within fourteen days of the date on which the customer is notified the equipment is available for collection (“the availability date”), Cairns-ESC shall automatically be engaged by the customer as a storage provider for the equipment. Accordingly, Cairns-ESC reserves the right, in its absolute discretion, to charge a storage fee of $1.00 per day or part thereof, for any and/or all of the time from the availability date up to and including the date the equipment is collected by the customer.
14. Disposal of Parts and/or Equipment
The customer must notify Cairns-ESC at the time of accepting the quotation for service and/or repair whether the customer wishes to retain any and/or all fault spare parts removed from the equipment by Cairns-ESC in the course of the service and/or repair. Should the customer fail to notify Cairns-ESC of their election at the time of accepting the quotation for service and/or repair then the customer is deemed to have surrendered any right, title and/or interest in the faulty spare parts to Cairns-ESC to retain and/or dispose of in their absolute discretion. Cairns-ESC undertakes to dispose of any and/or all faulty spare parts in an environmentally friendly manner. If the customer elects to have the faulty spare parts returned to them, Cairns-ESC is not liable for any personal injury and/or other property damage caused by the faulty spare parts and is not liable for the disposal and/or storage of those faulty spare parts.
15. Uncollected Equipment
In addition to any other rights of Cairns-ESC in these terms and conditions and at law, Cairns-ESC puts the customer on notice that should the customer fail to pay any and/all outstanding invoices and/or storage costs, and/or fail to collect their equipment by the date which is six calendar months from the date the customer was notified the equipment is available for collection, then the customer waives any right, title or interest in the equipment to Cairns-ESC for Cairns-ESC to sell or otherwise dispose of as it sees fit. Furthermore, the customer agrees that these terms and conditions are able to be filed in any court of competent jurisdiction and pleaded to as a bar to any action and/or claim filed by the customer against Cairns-ESC for recovery of the equipment or its value, and/or can be filed in any court of competent jurisdiction and pleaded to as grounds for an order authorising Cairns-ESC to sell and/or otherwise dispose of the equipment. Cairns-ESC warrants that should the equipment be sold and/or otherwise disposed of pursuant to this term and the proceeds of that sale and/or disposal exceed any and/or all charges (including but not limited to invoices and/or storage costs) owing by the customer, then Cairns-ESC will endeavour to return the balance proceeds of sale to the customer.
The customer is responsible for any and/or all data stored on the equipment. Cairns-ESC accepts no responsibility and is not liable for the loss of any user-generated data as a result of any actions undertaken by Cairns-ESC during an inspection and/or repair and/or service. Cairns-ESC strongly advises customers make a copy of any data saved on the equipment prior to surrendering same to Cairns-ESC. The customer accepts that Cairns-ESC is not responsible for any loss and/or damage resulting from fire, flood or theft and releases Cairns-ESC from any liability for any such loss and/or damage.
17. Communication with customer
The customer warrants that they will ensure all contact details provided to Cairns-ESC are current and correct contact details for the customer. The customer releases Cairns-ESC from any liability and/or responsibility for any action and/or charge of whatsoever nature which occurs as a result of any failure by the customer to receive relevant correspondences and/or notices from Cairns-ESC, provided Cairns-ESC has forwarded such correspondences and/or notices pursuant to the contact details provided by the customer. The customer further warrants that they are willing to accept service any such correspondences and/or notices care of whatever contact details they have provided to Cairns-ESC (as updated). The customer accepts that Cairns-ESC may be required, during the course of an inspection and/or repair and/or service to disclose the customer’s particulars to a third party (such as, but not limited to, a spare parts or device manufacturer) and the customer agrees to the release of their information for this purpose. Cairns-ESC warrants that it will not unnecessarily divulge the customer’s information.
18. Customer warranty
The customer warrants that they are the rightful owner of the equipment and/or have the permission of the rightful owner to engage Cairns-ESC in relation to the equipment. The customer further warrants that they are bound by these terms and conditions, and/or they have the authority of the rightful owner of the equipment to bind the rightful owner. By booking in the equipment for repairs, the customer accepts and agrees to be bound by Cairns-ESC terms and conditions.
© 2017, Cairns Electronics Service Centre, Last modification January 22, 2015, Revision 1.1