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Terms and Conditions
These terms and conditions apply to the Laptop Service Agreements
on this web site.
'The LAPTOP Place'
and the Customer agree
that this agreement shall take effect
upon payment and shall remain in effect until terminated as provided
herein. The following terms
and conditions shall apply to each Schedule which is accepted by 'The LAPTOP Place'
to provide service on The Equipment specified in the
Service Agreement Database on the Start Date agreed by 'The LAPTOP Place'
and the
Customer.
The Customer
agrees that this agreement is the complete and exclusive statement of
the agreement between the parties, which supersedes all proposals or
prior agreements oral or written and all other communication between the
parties relating to the subject matter of this agreement.
RESPONSIBILITY
OF 'The LAPTOP Place'
The
responsibility of 'The LAPTOP Place' under this agreement shall be
to supply all labour to repair The Equipment listed in the Schedule for
the specified period.
The Service
Agreement includes all labour for repairs and problems not covered by
the Manufacturers Warranty on hardware. As the Manufacturers Warranty
does not cover Software at all, labour will be supplied as per SECTION
2. – SERVICE PROVIDED.
'The LAPTOP Place' shall not be liable for failure to keep
The Equipment in good working order when such failure is due to causes
beyond its reasonable control.
This includes
acts of God, acts of civil or military authority, acts of omissions or
neglect of Customer, fires, strikes, or other labour problems, floods,
epidemics, quarantine restrictions, war, riot, delays in transportation
or inability to obtain necessary labour, materials, or manufacturing
facilities.
CONSEQUENTIAL
LOSS
'The LAPTOP Place'
shall not be liable for special or consequential damages or
losses including but not limited to loss of profits or revenue, loss of
use of The Equipment & software data or other equipment or
facilities, cost of capital, cost of substitute equipment, facilities or
services, down time costs, or claims on behalf of the Customer for such
damages. The warranty of good workmanship shall be the only warranty
and in lieu of all other warranties, expressed or implied.
The laws of the
State of Victoria will govern this agreement.
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3
Year TotalCare Service Agreement
Parts
under this service agreement are only covered by Warranty. By definition,
warranty covers parts that are faulty in manufacture. This agreement does
not cover parts that are damaged by the user, or any other external occurrence,
intentional or otherwise.
The
3 Year TotalCare Service Agreement is covered in 2 parts:
Part
1
- The
standard Manufacturers warranty will cover parts replacement in the
1st year.
- A
United Electrical 2nd and 3rd Year Warranty will first and foremost cover all
parts claims for the remaining period. The client will direct all initial inquiries to the
United Electrical Help-Line. United Electrical run a pick up and
return service, so the client will be without the laptop for the
repair period.
- The
United Electrical Plan covers products purchased as NEW manufactured
for use in Australia, which at the time of purchase included the
manufacturer's original written warranty valid in Australia. In order
to be elegible for this plan the manufacturers warranty must provide
at least 1 year parts and labour coverage. This Plan covers all
mechanical and electrical defects that would normally be covered by
the original manufacturer's written warranty, unless otherwise stated
in the exclusions section of the United Electrical Extended On -Site
Service Plan.
Part
2
- All
labour for non-warranty issues including (but not exclusive to)
viruses, connectivity problems, software installations, system
crashes, will be done by TLP at our Melbourne CBD workshop on a return
to base basis. i.e. it is the customers responsibility to get the
laptop to, and pick up from, our workshop in the Melbourne CBD.
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The
LAPTOP Place - Service
Agreement
1.
DEFINITIONS:
a.
“We”, “us”
“TLP” and
“our” refer to ''The LAPTOP Place''.
b.
“You” and “your” refer to “The Customer” named
in the Agreement Database.
2. SERVICE
PROVIDED:
a. Regular Business Hours : For
the Individual Base Service Charge agreed to and paid by the You, we will
provide all labour required to complete unscheduled repairs of
hardware and software problems including Operating System faults and
viruses. The Service will be performed during the regular business hours
from 9:30 AM to 5:00 PM Monday through Friday
excluding holidays at our Workshop in the City of Melbourne CBD.
b.
Non-contracted Service: such
as replacement of unserviceable parts not covered by warranty.
We will with all reasonable expedition provide parts not covered by this
agreement at an agreed prior quoted cost if required. Software Training is not covered by this labour service only
agreement. Warranty
Repairs are not covered by this agreement and should be done by the
Manufacturers authorised agent unless you specifically authorise us to
effect repair to gain an advantage in turnaround time.
c. Response
to repair time will be determined by the type of Service
Agreement chosen by the client. See 4. A,B,C,D,E for Service Options and
pricing.
d. Actual
repair time will depend on the problem wether
hardware or software, and availability of any spare parts required to
repair the unit.
e. Historically over ten years repairing laptops, the majority of repairs/support can take between 1.5 to 4.5 actual hours
worked.
Most labour problems charged
for over the years average close to 2 hours or $200 (or if Priority -
$300) per visit.
3.
TERM:
-
a.
The initial term of this Agreement shall be for the stipulated term
in the Service Agreement Database from the
-
Commencement Date chosen by the
client.
-
THIS AGREEMENT IS TRANSFERABLE TO ANOTHER NEW LAPTOP ANYTIME
WITHIN THE TERM, PROVIDED IT IS LOGGED INTO THE DATABASE.
4.
PRICING:
a.
The Per Item Base Service Agreement Charge Options are as
displayed on the Products page of this website.
b.
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5.
INVOICING AND PAYMENT OF
CHARGES:
a.
The initial Service Agreement payment will be via credit card on
our secure website at the agreed rate selected by You.
b. Additional services or parts costs, which have been
previously authorised by You, will be paid separately to the initial
base item labour at the time of repair.
c.
The Service Agreement base charge invoice will be
emailed within 30 [thirty] days upon
payment.
6.
CUSTOMER’S OBLIGATIONS:
-
·
You will transport the unit for repair to our
Workshop at your expense and method. You will collect the repaired unit from our Workshop when
completed.
-
·
You
will purchase
all replacement parts, and TLP will return all faulty parts to
you.
-
·
You
are not obligated to purchase any parts from TLP,
and
may supply the relevant parts for us to complete the repairs if the
supplied part
-
is accepted by us as suitable to effect repair.
-
·
In
order for us
to perform the Service, you shall allow us unrestricted access to all
materials that may be required to effect repairs of the nominated
-
equipment. This would include Application and Operating System Software
and Recovery or Driver discs.
-
In some cases this information is also
available from the internet and we would utilise this availability.
7.
LIMITATION OF LIABILITY:
Our liability with respect to this Agreement or arising from our
service or repair of any equipment, whether based in contract or tort,
or otherwise, shall not exceed the amount which You have paid to us
during the current year of the agreement commencing from the
Commencement Date or from the immediately preceding anniversary of the
Commencement Date (whichever is applicable).
8.
FORCE MAJEURE:
Except for the obligations of payment set forth herein, neither
party shall be responsible for failure of performance of contracts
resulting from orders placed hereunder, due to causes beyond its control
including, but not limited to : work stoppages, fires, riots,
rebellions, insurrections, acts of God, and similar occurrences.
9.
WARRANTY on TLP
REPAIRS:
We expressly warrant that all services furnished hereunder shall
conform to all specifications and appropriate
standards and that all labour furnished hereunder will be suitable and
appropriate. This warranty shall be the only warranty and in lieu of all
other warranties, expressed or implied.
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APPENDIX
'The LAPTOP Place'
Service
Agreement
The
Commencement Date of this Agreement shall be the date logged into 'The
LAPTOP Place' official Service Agreement Database
You
agree to purchase, and We agree to provide,
the Service for the Equipment
described above in accordance with the terms,
conditions and prices set
forth in published
“
Service Agreement.”
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1. ORDERS & DELIVERY
'The LAPTOP Place' only accepts orders from within Australia. We DO NOT deal, or ship, Internationally.
All orders placed through this web site are subject to confirmation and acceptance by
'The LAPTOP Place'. 'The LAPTOP Place' may vary prices in the event of price changes
on reasonable prior notice to you. If 'The LAPTOP Place' requests payment for increased prices, you may cancel the order by giving notice to
'The LAPTOP Place', which must be received within seven days of the announcement of the increase.
Anyone who presents the goods will be presumed by 'The LAPTOP Place' to be authorised to receive the
repaired Laptop. Goods will NOT be delivered.
If your goods include products in respect of which the law prescribes a minimum age for purchase, you must be over the age of 18 years (or such other minimum age as is prescribed by the law), and you must ensure that a person over that age is available to accept delivery of the goods.
'The LAPTOP Place' may refuse to release the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of
identity. Once the goods are released to you, it is your responsibility if they are lost or damaged.
2. CANCELLATION REFUNDS
'The LAPTOP Place' will only refund if cancelled within seven days. All refunds are subject to a 20%
accounting fee.
3. PRICES & PAYMENT
For each online order, you must pay:
the applicable price for the relevant goods confirmed by 'The LAPTOP Place', the applicable government taxes
(ie G.S.T.), and the delivery and handling fee specified on the web site at that time.
Your order and credit card details are safe and secure. All personal and credit card information provided to
'The LAPTOP Place' is used for internal use only and is NOT passed to third parties for promotional reasons (see privacy policy).
At this stage we can only accept payments by credit card or Direct Deposit. We are unable to accept COD charges.
Credit Card payments will require further identification (e.g. drivers licence).
Prices and range on this web site may vary from the 'The LAPTOP Place' store.
4. YOUR ACCOUNT
You agree to take responsibility for the safekeeping of your user name and password. You are liable if your user name or password is used by an unauthorised person. You agree to release and indemnify
'The LAPTOP Place' in connection with any use (whether authorised or unauthorised) of your user name or password.
'The LAPTOP Place' may suspend or cancel your account at any time without prior notice.
5. PRIVACY
'The LAPTOP Place' will comply with our Privacy Statement. 'The LAPTOP Place' will not reveal your personal information to any third parties except for the purposes of fulfilling your order.
6. LIABILITY
Any liability of 'The LAPTOP Place' in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of
'The LAPTOP Place' be limited to:
in relation to goods, the replacement of the goods or the supply of equivalent goods; and
in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
7. CHANGES TO TERMS
Each order is governed by the terms and conditions current when the order is placed.
'The LAPTOP Place' may add to, delete or otherwise change these terms and conditions without notice. It is your responsibility to read and understand these terms and conditions each time you place an order.
8. APPLICABLE LAW
All purchases under this web site and these terms and conditions are subject to the laws of Victoria, Australia.
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