Terms and Conditions of Sale and/or Service
BCT Systems Pty Ltd | ABN 25 384 472 318 0415 920 471
1. Definitions
In these conditions:
- “The Company” shall mean BCT Systems Pty Ltd, its employees, servants and agents.
- “The Customer” shall mean the person, corporation or entity shown overleaf as the customer.
- “Computer hardware” includes computers and all associated equipment, accessories and components thereof including printers and scanners but excluding all computer software.
- “Computer software” includes any package, process and/or program applied to or used in any computing system.
- “Services” includes any repair, networking or upgrading of any computer hardware and/or software.
- “Supply” includes the sale and/or supply of any computer hardware and/or software.
- “Licensed computer software” means any software that is licensed to any third party.
2. Agreement
It is agreed by and between the Company and the Customer that the Company shall:
- Provide and perform the service detailed in this order; and/or
- Supply the computer hardware and/or software provided for in this order;
subject in every respect to the terms and conditions contained herein.
3. Payment
The Customer shall pay to the Company the agreed price in full upon completion of the services and/or the supply of computer hardware and/or computer software, save and except as specifically specified overleaf.
4. Overdue Accounts
The Customer acknowledges that the Company shall be entitled to charge interest at 10% per annum on all overdue accounts. The Customer shall also be responsible for any expenses, costs and disbursements incurred by the Company in recovering any outstanding monies, including any debt collection agency fees and solicitors costs.
5. Retention of Title
The Company shall remain the owner of all computer hardware and/or computer software supplied to the Customer until the Company receives full payment of the agreed contract price. The Company is authorised by the Customer to enter into or upon any premises to remove such computer hardware and/or computer software until payment is received in full.
6. Warranties
Subject to the exclusions and exceptions contained hereafter, and subject to any exclusion, condition or warranty expressly provided for in any State and/or Commonwealth legislation, the Company provides the following warranties:
- Services warranty (28 days): The repair and/or rectification of any services rendered by the Company. The Customer warrants that it shall deliver goods to the Company’s business premises for warranty repair. Failure to do so results in a $50.00 call-out fee per visit.
- Hardware warranty (12 months): All computer hardware supplied by the Company. The Company reserves the right, in its absolute discretion, to either repair and/or replace any computer hardware or component thereof to remedy the customer’s complaint.
7. Warranty Exclusions
The warranties in clause 6 do not apply to:
- Faulty materials and/or workmanship not provided by the Company.
- Accident, negligent and/or improper use of any computer hardware.
- Improper and/or neglectful use of computer hardware in breach of any user instruction manual.
- Use of computer hardware in any illegal manner or contrary to manufacturer recommendations.
- Incorrect and/or negligent movement, placement or installation of computer hardware by any person other than the Company.
- Failure by the Customer to install any device upgrade and/or changes recommended by the Company.
- Opening, altering, removing or tampering with any computer hardware by the Customer or any third party.
- Any claim arising from or contributed to by neglect, omission and/or default on the part of the Customer or any third party.
8. No Warranty on Licensed Software or Third-Party Warranties
There shall be no warranty whatsoever in respect to:
- Any licensed computer software.
- Any repair, rectification and/or replacement covered by a manufacturer’s warranty or any third-party warranty. The Customer is responsible for claiming such warranty from the manufacturer or third party directly.
9. Data Loss
The Company shall not, under any circumstances, be responsible and/or liable for the loss of any information, data, program and/or any entry in any existing computer system of the Customer whilst the Company carries out the services and/or supplies computer hardware and/or software. The Company shall not be responsible for any loss and/or consequential damages, costs and expenses resulting in any way therefrom.
10. Intellectual Property
The Customer represents and warrants that any supply and/or services provided by the Company to the Customer do not infringe any licensing and/or intellectual property rights subsisting in any third party. The Customer shall indemnify the Company against any claim or demand arising from any breach of this warranty.
11. Limitation of Liability
No claim shall be made against the Company, its directors, employees, or agents for any loss or damage relating to or arising from the carrying out of any arrangements contemplated hereby, provided that the same shall not have arisen from gross negligence or willful misconduct.
12. Indemnity
The Customer hereby indemnifies the Company and holds it harmless against all losses, claims, liability, damages, costs, charges and expenses, including all reasonable legal fees and disbursements suffered or incurred relating to or arising from the carrying out of the work or any arrangements contemplated by this Agreement, provided that the same shall not have arisen from the Company’s gross negligence or willful misconduct.
13. Entire Agreement
These terms and conditions comprise all of the terms and conditions of the Company’s relationship with the Customer. There shall be no variation to these terms and conditions unless expressly made and agreed to in writing.
14. Marketing Communications
By engaging our services, the Customer agrees and subscribes to be contacted by email by the Company for business or marketing purposes.
Repair Notification – ACCC Requirement
Under legislation required from 1st July 2011 by the ACCC, we are required to provide our clients with the following notice prior to commencing any and all service on systems or devices which may contain user-generated data:
During the process of repair, some or all of your stored data may be lost. Please ensure that you have saved this data elsewhere prior to repair.
- Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired.
- Refurbished parts may be used to repair the goods.
Please note that we take all possible care to reduce the likelihood of data loss for our clients. Should you have any queries, please do not hesitate to contact us. For additional information, contact the ACCC’s Small Business Helpline on 1300 302 021 or visit www.accc.gov.au.
Last updated: April 2026 | BCT SYSTEMS | ABN 25 384 472 318
