Terms & Conditions

1. SUBJECT TO TERMS AND CONDITIONS
   1. These Short Form Terms and Conditions are intended to be an overview of the key terms only. It does not form the entirety of the Agreement between the Customer and West Coast IT. Please refer to the full Agreement for more details.
   2. Any terms used in these Short Form Terms and Conditions which are defined in the Terms and Conditions will have the same meaning as in the Terms and Conditions.
2. AGREEMENT TO SUPPLY GOODS AND SERVICES
   1. West Coast IT agrees that it will provide the Services in relation to the Customer’s Device.
3. FEES, INVOICING AND CREDIT FACILITY
   1. In consideration for the provision of such Services, the Customer agrees to pay West Coast IT the Fees as invoiced by West Coast IT on a cash on delivery basis.
   2. There is a minimum charge of $150 (inclusive of GST) (“Minimum Charge”) to diagnose and troubleshoot any faults with the Customer’s Device. If the fault with the Customer’s Device cannot be rectified within one (1) hour, or without the use of parts, then prior to the commencement of Services, West Coast IT shall provide the Customer with a fee estimate, which shall be the estimated cost of providing the Services based on the information provided to West Coast IT at the time of the fee estimate.
   3. If the Customer chooses not to proceed with engaging West Coast IT to provide the Services, the Customer may, upon payment of the Minimum Charge, collect their Device and terminate this Agreement.
   4. However, the Customer acknowledges that the fee estimates are estimates only, and that the Fees due and payable to West Coast IT are as indicated in the Invoice.
   5. The Customer shall be liable to pay the amount of any GST, credit card surcharges, and other taxes and duties that may be applicable, which will be shown separately on the Invoice and are not included in the Fees.
   6. Payment of Fees may be made:
      1. by Electronic Funds Transfer;
      2. by credit card; or
      3. by cash.
   7. Payment of Fees is deemed to be made:
      1. if by Electronic Transfer of Funds (EFT) or by credit card, – on the date upon which those funds are received by West Coast IT in their nominated bank account;
      2. if cash is tendered – on the date it is tendered;
   8. West Coast IT reserves the right to impose a surcharge for payments made by credit card. Such surcharge may vary from time to time and will be notified to the Customer prior to the Customer making payment.
   9. West Coast IT reserves the right to withhold delivery or supply of the Goods and/or Services in the event the Customer has not made full payment or payment of Fees is overdue, as the case may be.
   10. Interest on overdue payments of any invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of 2.5% per annum above the overdraft reference rate quoted by the National Australia Bank on the first day of the relevant month, and such interest shall compound daily at that rate until all overdue amounts and interest are paid.
   11. West Coast IT may at its discretion grant the Customer a Credit Facility from West Coast IT.
   12. Until the Customer receives a notice that a Credit Facility has been granted, all Services supplied by West Coast IT to the Customer must be paid for.
   13. Unless a Credit Facility has been granted to the Customer, West Coast IT may, at its discretion, require the Customer to pay a security deposit of an amount agreed upon between the parties prior to entering into this Agreement.
   14. The Customer consents to West Coast IT deducting from such security deposit any amounts owed by the Customer under this Agreement.
   15. Interest on overdue payments of any invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of 2.5% per annum above the overdraft reference rate quoted by the National Australia Bank on the first day of the relevant month, and such interest shall compound daily at such a rate after as well as before any judgement, until all overdue amounts and interest are paid.
4. PERFORMANCE BY THIRD PARTIES
   1. The Customer agrees that West Coast IT may delegate its responsibilities and obligations under this Agreement to any third party of its own choosing, without notice to, or receiving consent from the Customer.
5. LIEN
   1. if the amount owing to West Coast IT has not been paid in full as and when due, West Coast IT reserves the right to a general lien on, and to retain possession of all property owned by the Customer, until:
      1. the Customer has fully satisfied the debt owing to West Coast IT; or
      2. West Coast IT, in its entire discretion, gives written notice to the Customer that West Coast IT waives and forgives the debt owed by the Customer.
6. STORAGE AND DISPOSAL OF UNCOLLECTED GOODS
   1. West Coast IT reserves the right to charge for the storage costs for Uncollected Goods if:
      1. the Customer does not, within seven (7) days of a notice by West Coast IT that their Device is available to be collected; or
      2. the Customer fails to make payment of West Coast IT’s Invoice when it is due.
   2. If the Customer has any Uncollected Goods remaining in the possession of West Coast IT, the Customer expressly agrees that West Coast IT may, at its discretion, dispose of the Uncollected Goods in accordance with the Disposal of Uncollected Goods Act 1970 (WA), or any other applicable Law.
   3. Proceeds from the sale of Uncollected Goods shall be applied in accordance with the Disposal of Uncollected Goods Act 1970 (WA), or any other applicable Law.
7. LIMITATION OF LIABILITY
   1. The Customer agrees that West Coast IT shall not be liable for any Loss or Claim arising from any failure to perform the Services resulting from a Force Majeure Event, or any physical damage to any Customer’s Device.
   2. To the greatest extent permissible by Law, the maximum aggregate liability of West Coast IT for all proven Loss or Claim that the Customer with respect to this Agreement shall be limited to:
      1. performing the Services again; or
      2. repairing the Goods; or
      3. paying the cost of having the Services performed or Goods repaired by a third party; or
      4. the total amount of Fees paid by the Customer to West Coast IT pursuant to this Agreement as at the date that such liability is incurred.
8. FORCE MAJEURE
   1. Neither Party shall be liable to the other for a failure of, or delay in, performing its obligations under this Agreement if such failure of, or delay in performance is by reason of circumstances beyond that party’s reasonable control, including by reason of a Force Majeure Event, or any other circumstances affecting the ability of either party to fulfil its obligations under this Agreement.

To view our full Terms & Conditions please click here