The Trustee for the Ardill Family Trust, trades as Ardill Computers and hereafter referred to as AC.
Products and merchanise
Products and merchanise
Products and merchanise purchased from AC include a full a manufactures warranty (typically 12 months), except where secondhand. Secondhand products and merchanise may include a warranty, where indicated. Buyer is to verify warranty prior to purchase. All warranty is return to base, except where specified by the manufactures warranty.
Products and merchanise are sold without any warranted suitability. Purchase advice is given on a best effort basis and should be verified independantly.
AC will not accept warranty or returns for products and merchanise that are;
- Damaged or broken due to misuse, incorrect handling, installation or operation.
- Deemed not fit for purpose or compatable, that were not confirmed, verified or specified at the time of purchase.
- Presented without proof of purchase.
- Out of warranty
Services and Diagnostic Fee.
AC will diagnose and service your computer for a fee. AC will perform all necessary services reasonably necessary to properly complete the repair of your computer or system.
Once service is complete, your payment for the actual costs incurred and the final sum owed, is due upon completion. Should it be determined in the course of the performance of diagnostics that the problems on your computer are hardware based, AC will notify you of same and you may take or send the hardware to a repair station of your choice or to AC, for service on the hardware; diagnostic fees may still be applicable. No adequate estimate of that expense can be determined without actually testing the hardware.
Transfer or Installation Services.
Unless otherwise agreed, AC is not liable for and you agree to hold AC and owners harmless from any and all damages, costs, and expenses incurred as the result of any defect or damage to any software or data residing or recorded in your computer, whether incurred during the course of AC's services or otherwise. If service involves transferring information or installing software, you represent that you have the legal right to copy the information, to use the software and agree to the terms of the software license, and you authorize AC to transfer the information and accept such terms on your behalf in performing the service.
In servicing your computer, AC warrants that service will be performed in a professional and timely manner. All services are warranted for a period of 30 days at the discretion of AC. There is NO warranty for removal of viruses, spyware, adware or mailware; if they are the cause of a repeat effort, you will be charged again for that service.
THIS WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL SERVICES PERFORMED FOR YOU BY AC. AC SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO SUCH ITEMS, INCLUDING,WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED. IF AC CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS LIMITED WARRANTY ONLY.
Limitation of Liability.
IF ANY DAMAGE SHOULD OCCUR WHILE YOUR COMPUTER OR SYSTEMS ARE BEING SERVICED, AC HAS NO LIABILITY FOR THE COST OF REPAIR OF THE AFFECTED COMPUTER. AC'S ENTIRE LIABILITY TO YOU FOR DAMAGES ARISING FROM ANY CAUSE WHATSOEVER WITH RESPECT TO THE SERVICE OF YOUR COMPUTER, WHETHER DUE TO AC'S ERROR OR NEGLIGENCE OR TO ANY OTHER REASON, IS LIMITED TO THE AMOUNTS THAT YOU PAY AC FOR SUCH SERVICE. AC HAS NO LIABILITY WHATSOEVER FOR INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOST PROFITS OR REVENUE, OR ANY OTHER DAMAGES WHATSOEVER NOT OTHERWISE EXPRESSLY PERMITTED UNDER THIS AGREEMENT. AC EXPRESSLY HAS NO LIABILITY FOR LOSS OF OR DAMAGE TO DATA OR SOFTWARE APPLICATIONS WHILE PERFORMING SERVICE. YOUR ONLY REMEDY UNDER THE REPAIR TERMS AND CONDITIONS IS TO SEEK RECOVERY OF DAMAGES AGAINST AC IN AN AMOUNT NOT TO EXCEED WHAT YOU PAID AC FOR THE SERVICE.
You agree and understand that it is your (the customer's) responsibility to maintain copies of all important data on your computer, and to obtain such copies prior to authorizing AC to commence its services for you.
This agreement shall be construed under the laws of the State of South Australia. In the event any dispute arises under this agreement or in any manner concerning the subject matter thereof, the parties agree that any such dispute shall be subject to binding arbitration only, and the parties expressly waive any and all rights they may have to otherwise proceed with such dispute resolution in a court of law.
Any and all binding arbitration proceedings shall be undertaken as "minor civil claim" proceedings and shall only be commenced in the Adelaide Magistrate Court in South Australia. Each party shall bear its own costs and expenses of such proceedings, including any and all resulting attorney fees; provided, however, that the prevailing party in such proceedings may have the right to recover attorney fees against the opposing party if such fees are otherwise recoverable in disputes of that type under the laws of the State of South Australia. This paragraph is intended to be and shall be construed as a forum selection clause, and the parties agree to bound hereto.