Terms & Conditions

  1. DEFINITIONS in this document:

    1. Accessories means the items or any of them described under that heading on the Service Maintenance Agreement ; and

    2. Parts means any item used to repair a device provided by the manufacturer that is not designated as a consumable by the manufacturer

    3. CMG means CompuMenn Global Pty Limited

    4. Customer is the party whose details appear under that heading on the Service Maintenance Agreement ;

    5. Price means the total monthly value of the Agreement described in the payment schedule on the Service Maintenance Agreement.

    6. Warranty Has the meaning given in Clause 3

    7. Equipment Means the equipment listed in the equipment schedule

    8. Repair Time Has the meaning given in the support package selected in the Service Maintenance Agreement

    9. Response Time Has the meaning in Clause 7

    10. Services Has the meaning given in the selected package in the Service Maintenance Agreement

  1. ENTIRE AGREEMENT AND PRECEDENCE

    1. All terms of the Agreement between the Customer and CMG are contained in this document, including the front page;

    2. No agents, consultants or subcontractors of CMG are allowed to authorise any changes whatsoever to this document. Any changes must be authorised in writing by senior management of CMG.

  1.  WARRANTY AND LIABILITY

    1. CMG warrants the services and parts free from defects in materials and workmanship as per manufacturers listed standard warranty for equipment, spare parts and consumables and will without charge at its option either repair or replace any part found to be defective during the period. This warranty shall not extend to the provision of normal maintenance.

    2. In the event this Agreement constitutes the supply of goods or services to a consumer under the Trade Practices Act 1974, as amended, (the Act), nothing in this Agreement shall restrict, exclude, or modify the application of the Act. CMG then to the extent permitted by the Act limits its liability for consequential loss for breach of condition or warranty to, and at its exclusive option

    3. in the case of goods, any one or more of the following:

      1. the replacement of the goods or the supply of equivalent goods

      2. the repair of the goods

      3. the payment of the cost of replacing the goods or of acquiring similar goods

      4. the payment of the cost of having the goods repaired

    4. in the case of services, any one or more of the following:

      1. supplying the services again

      2. the payment of the cost of having the services supplied again

  1. PAYMENT

    1. The customer will pay all correctly rendered invoices within 30 days from the invoice date.

    2. An invoice is correctly rendered if:

      1. the amount specified in the invoice is correctly calculated and relates to the Services and Supplies provided in the billing period covered by the invoice

      2. the invoice is accompanied (where necessary) by documentation and other information that provides evidence that the amount specified in the invoice is in accordance with any requirements set out in this Agreement, or as may be reasonably requested by the customer from time to time.

  1. COMMENCEMENT

CMG will only commence support and service of the Equipment mentioned in the Equipment Schedule at the acceptance date as signed the Service Maintenance Agreement.

  1. REPAIR TIME

    1. Repair time applies only to products where parts are available on the day of device failure within Australia from the manufacturer or their designated suppliers.

    2. Where parts are unavailable CMG will advise the customer of the delay and the repair time SLA will not apply

    3. The equipment will be considered repaired when printed output can be produced from the equipment; and

    4. If the equipment has a scanner the scanner is functional

  1. RESPONSE TIME

    1. Is the response time as per the package selected in the Service Maintenance Agreement.

    2. Reponses time is calculated from the time the request for service is received by CMG to the time CMG perform a positive action to repair the fault which may include but is not limited to;

      1. CMG technician attending site

      2. Pre ordering required parts

      3. Request action by the equipment user that could reasonably resolve the fault

      4. CMG technician attempts to attend site but access is not available

    3. Compliance to the response time is calculated as an average over a 12 month period

  1. INSTALLATION

    1. Installation of new or replacement equipment is not included in the support agreement.

    2. Where the customer requires device install, CMG will provide pricing and the customer must confirm in writing installation requirements and agree to pay the quoted fees.

  1. MANUFACTURER’S WARRANTIES

    1. The Parts and Accessories are supplied subject to warranties offered by the manufacturers or where appropriate, subject to the terms of any extended warranty schemes. This document does not alter any manufacturer’s warranties, which are supplied separately by the manufacturer.

The Customer acknowledges that CMG can charge the Customer GST and any other applicable Federal or State government taxes or charges.

The Customer acknowledges and agrees that if the Customer has taken out finance with a third party to purchase the Product, Parts and Accessories the Customer will be responsible for the repayment of that finance.

Any term of this Agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of this Agreement is not affected.

CMG and the Customer agree that the terms of this Agreement shall be governed in accordance with the laws of New South Wales, Australia.