TERMS & CONDITIONS
These terms and conditions apply to all your services from Newcastle Tech Guy. They contain very important information about your legal rights and obligations, including legal limitations and exclusions that apply to you. By accessing and using this service, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service.
You and Newcastle Tech Guy agree that the following terms and conditions are the exclusive terms governing the sales transaction between the Customer and Newcastle Tech Guy. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you book a service or accept delivery of any goods from Newcastle Tech Guy.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. In addition to the rights and remedies you may have under the Australian Consumer Law you may also be entitled to benefits under the terms of any additional manufacturer’s warranty. The manufacturer’s warranty (if it applies to your product) does not in any way affect your rights under the Australian Consumer Law.
We will perform the Service and supply the Goods specified in the booking confirmation at the rates specified on our website https://www.newcastletechguy.com/pricing in accordance with the terms and conditions set out in this document. By agreeing to accept the Booking, you are agreeing to comply with these terms and conditions.
Any period or date for delivery of goods or provision of services stated by us is an estimate only. We will use best endeavors to meet any estimated dates for delivery of the goods or completion of the services and provide you with as much notice as possible of any expected delays.
You acknowledge and agree that we may need to take your system to our base or third party premises for diagnosis and repair. We will exercise all due care while in possession of your equipment to ensure that no loss or damage occurs.
In providing the Deliverables to you, you acknowledge and agree that the solution we may identify is to upgrade or replace your software or hardware. If we advise you to do so and you choose not to upgrade or replace your software or hardware, you acknowledge that we have met our commitment to you by providing you with a solution to your problem, whether or not you choose to implement that solution.
You acknowledge that computers are complicated and sometimes problems are more deeply rooted or complicated than initially diagnosed.
Charges and Payment
Payment for goods and services will be asked for by cash or credit card immediately upon completion of the supply unless you have a credit account with us.
If an invoice is created for goods and services, there will be a strict 7 day payment term.
Cost of goods exceeding $1000 will need a 25% deposit upfront before moving forward with any order.
Any part of a half hour block is chargeable at the same rate as a full half hour.
If you give us less than twenty-four (24) hours’ notice to cancel any request for onsite service, then we may charge a cancellation fee equal to the first hour of service at the rates quoted at the time of booking for the loss and expense caused.
You represent and warrant to Newcastle Tech Guy that you are the owner of, and/or have the right to be in possession of all equipment, data or media provided to Newcastle Tech Guy for repair. You further represent that you have the right to authorise Newcastle Tech Guy to carry out repairs on your equipment.
You must back up all software, data and files that are stored on your computer and/or on any other storage devices you may have prior to the arrival of the Newcastle Tech Guy technician. We and/or our third party service provider shall not be responsible at any time for any loss, alteration or corruption of any such software, data or files.
You warrant to Newcastle Tech Guy that you hold all necessary licenses and approvals for any software item you request Newcastle Tech Guy to install on your computer equipment. You agree to indemnify us and hold us harmless against any loss, damage, costs, harm or other expense whatsoever arising either directly or indirectly as a result of us installing software at your request.
You must ensure that a person of at least 18 years of age is present for the duration of the provision of onsite services.
You must provide our technicians with:
Access to the areas of your premises necessary to provide services;
Necessary passwords to your computer;
A safe working environment and working space; and
Electrical power and internet access (where applicable).
If the services involve the installation of software, then you must provide our technicians with the installation disks for your operating system or software along with a product key for this software.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
to cancel your service contract with us; and
to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Newcastle Tech Guy will exercise reasonable care in handling any equipment which you provide to it.
You agree to indemnify and will keep Newcastle Tech Guy indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Newcastle Tech Guy in connection with your equipment, your breach of these Terms and Conditions or your breach of any rights of third parties.
Where Newcastle Tech Guy is liable to you under the Australian Consumer Law, to the fullest extent permitted by law, its liability shall be limited, in its option, to:
In relation to goods:
The replacement of your goods or the supply of equivalent goods;
The payment of the cost of replacing your Product or of the supply of an equivalent Product; or
Refunding the amount of your order, and
In relation to services:
Supplying of the services again; or
Payment of the cost of having the services supplied again.
You agree that, to the fullest extent permitted by applicable law, Newcastle Tech Guy will not be responsible or liable (whether in contract, tort (including negligence) or otherwise) for any:
Interruption of business;
Access delays to, access interruptions to, suspension of or discontinuation of the service;
Data non-delivery, mis-delivery, corruption, destruction or other modification;
Loss or damages of any sort incurred as a result of dealings with us;
Viruses, system failures or malfunctions which may occur in connection with Newcastle Tech Guy supplying the Deliverables to you; or
Events beyond our reasonable control.
Before any manufacturer’s warranty claim, consumers are requested to make sure the product is:
Not affected by being used incorrectly or in an abnormal way. Such a use may be noted in the warranty as rendering it void, or it may be a use that you wouldn’t reasonably expect the product to perform.
Not disposed of, lost or destroyed. In other words, there needs to be proof that the product has failed.
Not reduced in value by delay on the customer’s part. Customers should bring faults to Newcastle Tech Guys’ attention soon after they occur.
Newcastle Tech Guy is not a manufacturer or authorised service centre, therefore it is highly recommended that customers contact the manufacturer’s technical support directly for any troubleshooting or technical support advice before you return the product to us for a warranty claim. Some of these manufacturers provided support services are free and may provide you expert technical advice. If the product is deemed faulty, in many cases, a tech support case number is assigned.
This can expedite the warranty process when lodging a warranty claim with Newcastle Tech Guy or directly with the manufacturer.
Some manufacturers provide onsite or pickup and delivery services. These direct manufacturer services, in general, allow for a quicker turnaround of warranty claims.
Due to the Privacy Act, Newcastle Tech Guy cannot apply for a warranty claim on the customer’s behalf directly with the manufacturer.
If the manufacturer directs you to return the product back to us then you should lodge a warranty request by contacting us.
Please note: The actual manufacturer’s warranty process may vary for different manufacturers and/or suppliers, so we cannot provide an accurate timeframe of how long the process will take for a product in the first instance. Status updates are provided once further information is received from the manufacturers, their service centre or agents.
Newcastle Tech Guy also reserves the right to apply any service fees for any warranty claims to cover all costs incurred including inbound & return freight, supplier/manufacturer service fees etc if the returned product is found to be not covered by warranty, warranty has expired, or no fault is found or the item was physically damaged.
To cancel/modify an order please submit an enquiry via our contact us page. If you are unable to submit a modification/cancellation, then your order has passed the approval stage and your order is therefore final.
Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Calvin’s Custom Computers and Customers shall be governed by the laws of the State of New South Wales or as defined by the Australian Consumer Law.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
These terms and conditions, together with the Newcastle Tech Guys’ invoice respecting the products ordered by Customer, are the complete and exclusive agreement between Newcastle Tech Guy and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Newcastle Tech Guy and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
Limitation of Liability
Subject to ‘Competition and Consumer Act’ set out below our total liability with respect to any statutory guarantees (as that term is defined in the Competition and Consumer Act 2010 (Cth) (“CCA”)) when a problem with a product purchased by a consumer is major is limited to:
(a) payment to the consumer of the cost of purchasing the goods; or
(b) replacement of the goods or the supply of equivalent goods; or
(c) payment of an amount equivalent to any drop in value of the goods as a result of the major failure.
Subject to ‘Competition and Consumer Act’ set out below our total liability with respect to any statutory guarantee owed to a consumer when a problem with a product purchased by a consumer from us is minor is limited, at our option to:
(a) the replacement of the goods; or
(b) the repair of the goods; or
(c) the payment of the cost or replacing the goods or of acquiring equivalent goods.
All express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise) relating to these terms and conditions, that are not contained in it, are excluded to the fullest extent permitted by law.
Competition and Consumer Act
Nothing in this document excludes, restricts or modifies any condition, warranty, statutory guarantee, right or remedy, implied or imposed by common law, statute or regulation which cannot be lawfully excluded, restricted or modified, which may include the Competition and Consumer Act 2010 (Cth) and corresponding provisions and relevant laws containing implied terms and/or statutory guarantees which operate to protect the purchasers of goods and services in various circumstances.