Terms & Conditions | PCZONE Computer Repairs Services
Purchase of goods and services from PCZONE are subject to the following terms and conditions. By agreeing to purchase or receive goods or services from PCZONE, you accept the following terms and conditions, without limitation or qualification.
1.0 Definitions
In these conditions:
"Conditions" means these Conditions of Provision of Goods and Services;
"Customer" means a person, firm or corporation, jointly and severally if there
is more than one, that requests goods or services from PCZONE;
"goods" means all products and other goods (including any software) supplied by
PCZONE to the Customer;
"services" means all services supplied by PCZONE to the Customer;
"PCZONE" means Pczone Computer Limited (tax number: 1231208735); and
"Party" and "Parties" means severally and not jointly PCZONE and/or the Customer
as the context requires.
2.0 Basis of Contract
2.1 Unless otherwise agreed by PCZONE in writing, these Conditions apply
exclusively to every contract for the sale of goods or the provision of services
by PCZONE to the Customer and cannot be varied or supplanted by any other terms
or conditions without the prior written consent of PCZONE.
2.2 Any written quotation provided by PCZONE to the Customer concerning the
proposed supply of goods or services is valid for 30 days and is an invitation
only to the Customer to place an order based upon that quotation. These
Conditions may be supplemented by additional terms in PCZONE's quotation which
are not inconsistent with these Conditions.
3.0 Charges and Payment
3.1 Payment for goods and the call-out must be made on or prior to the
completion of the provision of goods or call-out unless the Customer has a
credit account with PCZONE.
3.2 All PCZONE visits are chargeable and are charged in half hour units after
the first hour. Any part thereof is chargeable at the same rate as a full half
hour.
3.3 All goods supplied by PCZONE are charged separately from the services.
3.4 Where there is any change in the costs incurred by PCZONE in relation to the
goods or services, PCZONE may vary its price for goods or services on order to
take account of any such change, without giving notice to the Customer.
3.5 Call-out fees may be applied at rates dependent on the Customer's suburb.
4.0 Payment Default
4.1 If the Customer defaults in payment by the due date of any amount payable to
PCZONE, or if any cheque drawn by the Customer is dishonoured, then all money
which is then due as well as all monies that are payable by the Customer to
PCZONE at a later date on any account, shall be due and payable immediately
without the requirement of any notice to the Customer, and PCZONE may, without
prejudice to any other right or remedy available to it:-
(a) charge the Customer interest on any sum due at the rate of 2% above the
corporate reference rate of PCZONE’s principal banker. This interest shall be
calculated daily and compounded every 30 days for the period from the due date
until the date of payment in full; and
(b) charge the Customer for all expenses and costs (including debt collection
commission and fees, legal costs on a full indemnity basis and dishonoured
cheque fees) suffered or incurred by PCZONE resulting from the default and in
G2U taking whatever action it deems appropriate to recover any amounts due
(which, for the avoidance of doubt, shall include engaging Dun & Bradstreet or
other debt collection agency to seek to recover the amounts due); and
(c) cease or suspend for such period as PCZONE thinks fit, supply of any further
goods or services to the Customer; and
(d) by notice in writing to the Customer, terminate any contract with the
Customer so far as unperformed by PCZONE; without effect on the accrued rights
of PCZONE under any contract.
4.2 Clause 4.1 may also be relied upon, at the option of PCZONE:
(a) where the Customer is an individual, he or she becomes bankrupt or enters
into any scheme of arrangement or any assignment or composition with or for the
benefit of his or her creditors or any class of his or her creditors generally;
or
(b) where the Customer is a corporation, it enters into any scheme of
arrangement or any assignment or composition with or for the benefit of its
creditors or any class of its creditors generally, or has a liquidator,
provisional liquidator, administrator, receiver or receiver and manager
appointed, or any action is taken for, or with the view to, the liquidation
(including provisional liquidation), winding up or dissolution without winding
up of the Customer.
5.0 Passing of Property
5.1 Until full payment in cleared funds is received by PCZONE for all goods
supplied by it to the Customer, as well as all other amounts owing to PCZONE by
the Customer:
(a) title and property in all goods remain vested in PCZONE and do not pass to
the Customer;
(b) the Customer must hold the goods as fiduciary bailee and agent for PCZONE;
(c) the Customer must keep the goods separate from its goods and maintain the
labelling and packaging of the goods; the Customer is required to hold the
proceeds of any sale of the goods on trust for PCZONE in a separate account
however failure to do so will not affect the Customer's obligation to deal with
the proceeds as trustee;
(d) PCZONE may without notice, enter any premises where it suspects the goods
may be and remove them, notwithstanding that they may have been attached to
other goods not the property of PCZONE, and for this purpose the Customer
irrevocably licenses PCZONE to enter such premises and also indemnifies PCZONE
from and against all costs, claims, demands or actions by any party arising from
such action.
6.0 Risk and Insurance
The risk in the goods and all insurance responsibility for theft, damage or
otherwise in respect of the goods shall pass to the Customer immediately upon
delivery of the goods to the premises nominated by the Customer.
7.0 Performance of contract
Any period or date for delivery of goods or provision of services stated by
PCZONE is intended as an estimate only and is not a contractual commitment.
PCZONE will use its reasonable endeavours to meet any estimated dates for
delivery of the goods or completion of the services.
8.0 PCZONE Warranties
8.1 If PCZONE is not able to diagnose the cause of any hardware or software
problem, then no charge will apply to the Customer. PCZONE does not warrant that
it will be able to fix all problems that it diagnoses.
8.2 All goods and services supplied shall be free from defects in materials and
workmanship for a period of 10 days from the date of delivery.
8.3 Nothing in this clause 8 is intended by the parties to be, and shall not be
construed or interpreted to be, a representation, term, warranty or condition
that the operation, use or functionality of any goods or products supplied by
PCZONE (including any software) will be uninterrupted or error free. Customer
understands and accepts that all such goods and products (and information
technology and communications products generally), may have errors (or "bugs")
and may encounter unexpected problems, and accordingly Customer may experience
downtime and errors in the use of the goods and products. Without limiting the
obligations set out in clause 9, Customer will put in place reasonable internal
procedures and processes to enable it to minimise any inconvenience and any
adverse impact of any such downtime or error.
9.0 Customer's Responsibilities
9.1 Customer shall be solely responsible for all data inputs, the manner of use
of the goods by all those to whom it provides access and all outputs derived,
and all other results of such processing.
9.2 Customer shall comply, at its own expense, with any recommendations and
guidelines with respect to the use of the goods, including any adjustments or
replacements required in respect of equipment and software that is incidental or
collateral to the use of the goods.
9.3 Customer shall ensure that its operators are adequately trained and informed
as to the use of the goods and shall comply with guidelines and procedures
supplied by PCZONE and/or any third party manufacturer from time to time.
9.4 Customer shall promptly report errors or faults in the operation of any
aspect of the goods or any provision of the services in accordance with
applicable fault reporting procedures from time to time.
9.5 Customer shall perform general "housekeeping", testing, adjustment and/or
maintenance as recommended by PCZONE in respect of any goods supplied by PCZONE
in order to maximise the availability of and performance of the goods or permit
performance by PCZONE of any of its obligations hereunder.
9.6 Customer agrees to exercise due care and carry out such precautions which
may be recommended by PCZONE or otherwise required as a matter of prudence in
connection with the performance by PCZONE of any of its obligations hereunder,
for example, but without limiting the generality of the foregoing, advising its
staff of system restarts or scheduled downtime, recording of error information,
and will co-operate with other system administration activities such as, but not
limited to, running diagnostic tests and operational readiness tasks.
9.7 The Customer shall as a fundamental term of these Conditions back up all
software, data and files that are stored on its computer and/or on any other
storage devices it may have prior to the arrival of the PCZONE technician.
PCZONE and/or its third party service provider shall not be responsible at any
time for any loss, alteration or corruption of any such software, data or files.
10.0 Liability
10.1 To the full extent permitted by applicable law, all conditions, warranties,
representations, indemnities and guarantees with respect to the goods and/or the
services, or other goods or services that may be provided by PCZONE under these
Conditions, that may otherwise be implied by statute, law, equity, trade custom,
prior dealings between the Parties or otherwise (including, but not limited to,
any implied warranty of merchantability, fitness for particular purpose, quiet
enjoyment or non-infringement) are hereby expressly excluded.
10.2 Except to the extent specifically provided in these Conditions, PCZONE's
sole liability to Customer for any and all breaches of any term or terms of
these Conditions, whether express or implied, shall be limited to:
10.2.1 subject to sub-clauses 10.2.2 and 10.2.3, the aggregate amount of the
fees and charges paid by the Customer under these Conditions as at the date of
the breach;
10.2.2 in relation to goods if supplied to Customer as a consumer:
(a) the replacement of the goods or the supply of equivalent goods; or
(b) payment of the cost of replacing the goods or acquiring equivalent goods; or
(c) the repair of the goods or payment of the cost of having the goods repaired;
and
10.2.3 in relation to services if supplied to Customer as a consumer:
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again, as in each
case PCZONE may elect.
10.3 In no event shall PCZONE be liable to Customer or to any third party under
or in connection with these Conditions or in respect of the use of (or failure
or performance of) the goods or the supply of the services for:
10.3.1 malfunctions or failures caused directly or indirectly by:
(a) any third party;
(b) actions of PCZONE that were expressly or impliedly authorised by Customer,
or by Customer's employees or agents;
(c) accident, misuse or abuse by anyone other than the PCZONE;
(d) alteration or modification of the goods by anyone other than the PCZONE;
(e) products (including any hardware or software) not licensed or supplied by
PCZONE that are attached to or used with the goods;
(f) Customer's failure to provide a proper operating and working environment for
the goods;
(g) damage during any movement, relocation or re-installation of the goods;
(h) power surge or failure,
(i) acts of God or acts outside PCZONE's control;
(j) any other condition not arising under normal operating conditions; or
(k) normal wear and tear; or
10.3.2 any loss or damage of any nature arising or caused directly or indirectly
by any breach of the Customer's obligations or responsibilities set out in these
Conditions.
10.4 Any replacement of parts under warranty will be carried out at the premises
nominated by PCZONE. The cost and risk of transport of any defective part to the
nominated premises is the responsibility of the Customer.
10.5 In no event will PCZONE be liable to Customer or to any third party under
or in connection with these conditions or in respect of the use of (or failure
or performance of) the goods or the supply of the services for:
10.5.1 any loss of profit, business interruption, loss of or damage to goodwill,
and/or any expectation benefit;
10.5.2 Customer's liability to any third party; or
10.5.3 incidental, consequential, special, exemplary or punitive damages of any
nature, howsoever arising or caused, including without limitation the breach of
these Conditions or any expiration or termination of these Conditions, whether
such liability is asserted on the basis of statute, contract, tort (including
negligence or strict liability), equity or otherwise, even if PCZONE has been
advised of the possibility of such loss or damage.
10.6 PCZONE will not be liable for any loss or damage suffered by the Customer
where PCZONE has failed to meet any delivery date or cancels or suspends the
supply of goods or services.
10.7 Nothing contained in these Conditions excludes, restricts or modifies any:
10.7.1 implied condition, warranty or other implied obligation in relation to
these Conditions or the software and services where pursuant to applicable law
to do so is unlawful or void; or
10.7.2 liability for fraud or deceit; or
10.7.3 liability for death or personal injury caused by the negligence of either
Party.
11.0 Copyright in Software
11.1 PCZONE will not be responsible to the Customer or any third party for any
breach of any software licence in respect of software provided to PCZONE by the
Customer to be installed on a Customer's computer.
11.2 The Customer hereby warrants that it has a valid licence in respect of such
software and shall indemnify PCZONE against any loss, damage, costs, harm or
other expense whatsoever arising either directly or indirectly as a result of
PCZONE installing software at the request of the Customer.
12.0 Cancellation
12.1 If, through circumstances beyond the control of PCZONE, PCZONE is unable to
effect delivery or provision of goods or services, then PCZONE may cancel the
Customer's order (even if it has already been accepted) by notice in writing to
the Customer.
12.2 If the Customer gives less than 4 hours notice to PCZONE to cancel any
request for on-site service, then PCZONE may charge a cancellation fee of 100PLN
for the loss and damage caused.
13.0 We solve the problem 100%...or it's FREE!
In the event that our technician is unable to fix or diagnose the problem
because they do not have the technical expertise to do so, then there is no
charge for the service. However, if they diagnose a faulty component which needs
to be replaced and you choose not to proceed or decide to source they parts
elsewhere, normal charges do apply. If PCZONE is able to diagnose the cause of
any hardware or software problem, but not able fix it then only the call-out
charge will apply to the Customer. PCZONE does not warrant that it will be able
to fix all problems that it diagnoses. Additional restrictions may apply. PCZONE
may cancel this offer at any time.
14.0 No representation or reliance
14.1 The Customer acknowledges that neither PCZONE nor any person acting on
behalf of PCZONE has made any representation or other inducement to it to enter
into these Conditions, except for representations or inducements expressly set
out in these Conditions.
14.2 The Customer acknowledges and confirms that it does not enter into these
Conditions in reliance on any representation or other inducement by or on behalf
of PCZONE, except for representations or inducements expressly set out in these
Conditions.
14.3 Without limiting the generality of clauses 14.1 and 14.2, Customer
understands and hereby confirms that:
(a) its decision to enter into these Conditions was, and is, not based on any
promise, representation, statement, warranty or undertaking made or given by
PCZONE or any person on its behalf in relation to the capacity, uses or benefits
that might or would be derived or obtained from the goods or services, except as
expressly set out in clause 8, and
(b) Customer has relied on its own skill and judgement in deciding to purchase
and acquire the goods and services.
15.0 Entire Agreement
15.1 To the extent permitted by law, in relation to its subject matter, these
Conditions:
15.1.1 embody and constitute the entire legal and contractual relationship of
the Parties, including the entire terms agreed by the Parties; and
15.1.2 supersede, replace and terminate by mutual consent any prior written or
oral representations, negotiations, understandings, agreements or contracts
between the Parties.
16.0 Governing law
16.1 This Agreement is governed by and must be construed according to the law
applying in Polland. The Parties hereby irrevocably submit to the exclusive
jurisdiction of the courts of Polland.
Here at PCZONE, each and every one of our computer technicians has been carefully selected before they join our ranks; we make sure that they have the appropriate technical accreditation, experience and, above all, a great personality. So, if you need same day, onsite computer repairs in Warsaw ( Warszawa ) or Konstancin...if you are experiencing computer problems, wireless network issues, need webdesign & maintenance services or you just need computer repair, then book your computer support online or contact us today.
Testimonial
"We were so blown away with your tech Levi that we havent been able to stop
talking about it ever since" - Roger B, Warsaw, Polland
PCZONE © 2009
Computer Repairs Warsaw - Computer Repairs Warszawa - Computer Repairs Konstancin
