Terms and Conditions
PRELIMINARY In these terms and conditions "Shernet" shall mean Shernet Intergrated Services (ABN 29 515 715 766). These conditions shall apply to any Contract between Shernet and any person, firm or company "the purchaser". These Terms and conditions covers Products and Services provided by Shernet Intergrated Services. QUOTATIONS Quotations are based on the statement of requirements given to Shernet by the purchaser and are valid for 14 days, after which they are subject to confirmation or revision. All verbal quotations are subject to written confirmation before an order can be placed. ORDERS Shernet will be under no liability for any purchase order until the order has been accepted by Shernet. All orders from Purchaser will be referenced by the quote number. Shernet will confirm expectance of the order. If the purchaser cancels the order in whole or partial after Shernet has accepted and confirmed the order a restocking charge may be incurred by the purchaser. VARIATIONS An accepted order may only be cancelled or varied with Shernet's consent, any variation to accepted orders may incur a charge and or requote. PRICES Unless otherwise stated, prices quoted are for Shernet's products and services and include GST. Prices quoted are based on details provided for the quote and agreed order. PAYMENTS The payment terms will be Pre Payed unless otherwise agreed and approved by Shernet. The purchaser agrees to pay Shernet in full on the either on order placement Pre Pay, in instalments as agreed by Shernet. WARRANTY Shernet's warranty obligations in relation to products and services shall be limited to manufactures / service providers warranty policies. Shernet warrants that Products provided are free of defects in materials and workmanship under normal use, service and conditions for a period of 12 months from the date of delivery, provided that they are installed and commissioned by Shernet or it's authorised contractor/s and agrees to make any agreed repairs resulting from defective parts or workmanship. This warranty does not cover damage to the Products caused by accident, misuse, acts of third parties, environmental conditions, neglect, act of god, improper installation/maintenance or other causes beyond its control. Where Shernet responds to a compliant which is not covered by the above clause, Shernet reserves the right to charge the purchaser for, Travel time, Labour and material in carrying out any inspection and / or rectification. LIMITATION OF LIABILITY Subject only to its liability under warranties or conditions imposed by the Trade Practices Act, Shernet shall have no liability for any Indirect Loss howsoever arising save as expressly provided in these terms and conditions. In this clause Indirect Loss includes special, indirect, exemplary or consequential loss or damage, loss of profit or revenue, loss of or inability to use equipment, a failure to realise anticipated saving lost data, lost opportunity, downtime costs or loss of good will or business reputation, or any financial penalties imposed by Government or semi-government authority. Shernet's cumulative liability for all claims arising out of or in connection with this agreement shall not exceed the price paid for such product or services under this terms and conditions. SITE PREPARATION Where Shernet is to install any products the purchaser shall be responsible for ensuring that the proposed installation site had been prepared as per Shernet's requirements. The purchaser agree to indemnify Shernet for any additional costs or expenses it may incur as a result of the site not being prepared in accordance to Shernet's requirements. The purchaser is required to ensure that systems data and applications on their networks (PC, Servers, and Mainframe etc) have been backed to secondary media eg tape, CD. The purchaser agree to indemnify Shernet for any liability for loss of data, if the purchaser does not comply with this condition. FORCE MAJERUE Shernet shall not be under no liability for any delay or failure to perform in the event that the manufacture, supply or delivery of the products or services is prevented by any act or circumstance beyond Shernet's reasonable control including but not limited to Act of God, legislation, war, act of terrorism, riot, fire, flood, exposition, accident, sabotage, failure to obtain power supply, raw materials, labour, transpiration, lockout or strike. SUB CONTRACTING Shernet may at its discretion and without notice to the purchaser, sub-contract out the manufacture and/or supply of any part of the products and services quoted. ENGINEERING AND DESIGN Where Shernet provides an engineering and design service (Electronics/Network/Telecommunications), the client is to provide design guidelines and product specifications in writing. The purchaser agrees that the specifications of the design / concept may change as the design evolves. Shernet at its desecration may design/engineer pre manufactured item into the design as to adhere to industry safety and environmental controls ie power supplies. Shernet proprietary Intellectual property (software, firmware and hardware) will remand in the ownership of Shernet and will at its desecration licence the purchaser to use it. The engineering and design process will involve a working prototype for concept review. A pre-production / as-built working prototype can made available at extra cost. On full payment title to design documents and files will be handed to the purchaser. WORKSHOP Shernet has an “all care no responsibility” policy for field and workshop operations. Shernet may charge a workshop fee to cover initial high level diagnosis of issues and may charge a call out fee for initial field call. These fee’s may be wavered only final payment of completed work. Responsibility of getting the item/ our workshop will be at the cost of the purchaser/ customer as to is the return. Shernet at its discretion provide and pick up and drop of service. Any workshop item not/s picked up or recovered by the purchaser/client, will be sold after 3 Months. Any removal / disposal of Hazardous Materials (battery disposal) may incur a surcharge or environment levy. PASSING OF TITLE Title to and property in the Products shall only pass to the purchaser on Shernet's receipt of all monies payable to the purchaser. SPECIFICATIONS All third party specifications are approximate only and are subject to normal margin of tolerances. Shernet on request from the Purchaser will provide technical specifications as required. GST - GOODS AND SERVICES TAX A party must pay GST on a Taxable Supply made to it under these Terms and Conditions, in addition to any consideration excluding GST) that is payable for that Taxable Supply. A party making a Taxable Supply to another party under this agreement must issue a Tax Invoice to the other party, setting out the amount of GST payable by that party. Shernet will issue a Tax Invoice to the Purchaser in accordance with the GST Laws of Australia and these Terms and Conditions. GST, tax invoice and taxable supply have the meanings defined in A New Tax System (Goods and Services Tax) Act 1999 as may be amended or substituted from time to time. If those definitions are repealed, then those words have the meanings defined for such comparable terms as we may reasonably identify in any comparable legislation. GENERAL The Purchaser agrees that placing on order for Product and/or Services, that the Purchaser accepts the terms and conditions layed out in this document. Any variation to these Terms and Conditions will be in writing between the Purchaser and Shernet. These Terms and Conditions contain the entire agreement between Shernet and the Purchaser in relation to its subject matter and supersede all prior negotiations, agreements, understandings and commitments between Shernet and the Purchaser in relation to that subject matter. The transactions in this document are governed by the law of New South Wales, Australia. If a dispute arises concerning these Terms and Conditions, then the dispute must first be referred for mediation in accordance with the Australian Commercial Disputes Centre Mediation Guidelines.
REMOTE SERVICES General Services: Shernet Intergrated Services will attempt to diagnosis your technology problem and provide you with a technology solution over the telephone or via the Internet. In certain cases, however, problem diagnosis and support may not be completed because of a problem with your computer or its configuration that is beyond our control. Remote Support Services: Remote support services may be offered to you over the telephone or via the Internet if your PC was built within the last four years, you have a working cable or DSL high speed Internet connection, and your operating system is Windows 7 or newer. If you elect to receive remote support, then Shernet Intergrated Services remotely logs on through your high-speed Internet connection to view your computer desktop. Shernet Intergrated Services stays in contact with you during every step of the process as your problem is resolved. By electing to receive remote support, you agree to allow Shernet Intergrated Services to use whatever tools deemed necessary to repair your computer, including remote access. You understand that if remote access is used on your computer there will be no residual software from the remote session. Your Responsibility: You understand and agree that prior to contacting or allowing Shernet Intergrated Services to perform diagnostic repair or other services on your computer, it is your responsibility to back-up the data, software, information or other files stored on your computer disks and/or drives. You acknowledge and agree that Shernet Intergrated Services shall not be responsible under any circumstance for any loss or corruption of data and/or software. DOWNLOAD OF APPLICATIONS AND FILES Shernet Intergrated Service will not be heald liable for any damages or losses (direct or in-direct) from the download, installation and use of any software or file that is liked to or contained on this site and of any suggested applications or files recommended by the online support technicians of this site. Files may be in the form of divers, service packes, patches, upgrades and the like. SERVICE LIMITATIONS; LIABILITY LIMITATIONS TO SERVICE: SHERNET INTERGRATED SERVICES RESERVES THE RIGHT TO REFRAIN FROM PROVIDING ANY OR ALL REQUESTED REMOTE SERVICES ON THE BASIS THAT YOUR TECHNICAL NEEDS OR OTHER REQUIREMENTS ARE UNUSUAL OR EXTENSIVE AND BEYOND THE SCOPE OF THIS SERVICE AGREEMENT AS REASONABLY DETERMINED BY SHERNET INTERGRATED SERVICES. FORCE MAJEURE: If Shernet Intergrated Services's ability to render remote services is impaired by you or circumstances beyond the control of Shernet Intergrated Services, Shernet Intergrated Services may choose not to provide or to discontinue remote services. LIMITATION OF LIABILITY: To the extent permitted by law, you agree that Shernet Intergrated Services's total liability for damages related to its remote services is limited to the total amount you pay for the remote services, and you release Shernet Intergrated Services from liability for any indirect, incidental, special, or consequential damages. Shernet Intergrated Services IS NOT LIABLE FOR LOSS, ALTERATION, OR CORRUPTION OF ANY DATA OR FOR YOUR INABILITY TO USE YOUR COMPUTER EQUIPMENT OR OTHER PRODUCT. PAYMENTS All online payments for this service are processed by third party providers. SHERNETIS will appear on your credit card statement as the provider. No credit will be provided for services not being used by the purchaser. Chat with one of our online techs for inital assessmentand direction of what is the best service the purchase. Non fixed prices service (PC / Server / Network) may require extra time to be purchased. The Online Remote Support Terms and Conditions's is the read in-conjunction with the Shernet Intergrated Service General Terms and Conditions's