The Customer and Mac Aid agree that the terms and conditions of this Agreement shall be as stated herein except written terms signed by Mac Aid or its authorised representative.
Payment
• Subject to Mac Aid submitting its invoice to the Customer, the Customer shall pay to Mac Aid in full the total price stated in Mac Aid's invoice on receipt by the Customer of Mac Aid's invoice. In the event that Mac Aid's invoice is posted by ordinary pre-paid post, the Customer shall be deemed to have received Mac Aid's invoice two (2) clear days after the date of posting.
•In those cases where Mac Aid has repaired or restored the Customer’s goods, Mac Aid may hold the goods until payment in full of Mac Aid’s invoice.
• The Customer shall pay interest on all outstanding amounts due to Mac Aid at the rate of 1.5% per month from due date until payment thereof.
Warranties
• Subject to the provisions of the Trade Practices Act 1974 as amended ("the Act") Mac Aid's liability for a breach of a condition or warranty implied by the Act shall be limited to:
In the case of goods, any one of the following as determined by Mac Aid:
- the replacement of goods
- the repair of goods
- refund of the price paid for the goods
• In the case of services any one of the following as determined by Mac Aid:
- the supplying of the services again
- refund of the price paid for the services
• Mac Aid shall not be liable or deemed to be in default or failure in performance under this Agreement for any interruption resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, wars, accidents, fires, explosions, earthquakes, floods, strikes, labour disputes, Government action, shortage of suitable parts or any similar or dissimilar cause beyond the reasonable control of Mac Aid.
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Except as expressly stated in this Agreement Mac Aid accepts no other responsibility or liability whatsoever including liability for negligence or any liability for consequential loss, howsoever arising. All conditions and warranties contained or implied by any Statute or Rule of Law are hereby expressly excluded and negated provided that nothing in this agreement shall exclude, restrict or modify any condition, warranty or liability of any statute which may at any time be implied in this Agreement where to do so is illegal or would render any provision of this Agreement void.
DISCLAIMER
In so far as Mac Aid is requested to perform repair or restoration work on a computer or other machine that stores information, the Customer acknowledges and accepts that Mac Aid shall not be responsible or liable for any loss or interference with any information stored in or by the machine unless the loss or interference was caused by wilful or intentional act on the part of Mac Aid.
Ownership and risk
Customer agrees and acknowledges that:
• Title to the goods ordered herein shall vest in the Customer only upon Mac Aid's receipt of payment in full for the goods and until payment in full, the goods shall be returnable to Mac Aid upon demand;
• If the Customer makes payment by cheque Mac Aid shall be deemed not to have received payment in full for the goods until the cheque is cleared.
• In those case where the Customers’ goods are held by Mac Aid for repair or restoration or otherwise, Mac Aid will not be responsible for loss or damage to the goods unless Mac Aid has wilfully or recklessly damaged or lost the goods.
