Terms and Conditions
Terms and Conditions for Hardware Maintenance Services
1.1 Axiom Technologies will provide labour and parts to keep the Equipment in good working order by rectifying defects or breakdowns.
1.2 It may not be practicable to perform Services at the location of each item of Equipment and the removal of certain Equipment to Axiom Technologies’s service centre may be necessary. The Customer consents to Axiom Technologies removing the Equipment, on the condition that Axiom Technologies uses best endeavours to provide a functionally equivalent loan unit and to return the Equipment within 5 business days.
1.3 The Services do not include:
(a) supply items such as film, toner, developer, optical exposure lamps, glassware, paper, ribbons, fuser, consumable kits, hammer springs, copper patch and fibre leads, cable management, power cables, tape media, patch panels, cable pass-thru adapters or accessories that may be used in connection with the Equipment;
(b) the rebuilding, reconditioning, or modification of the Equipment or attachments to the Equipment or the correction of any servicing provided to the Equipment by an alternative service provider;
(c) maintenance services provided at the Customer’s request outside the hours Axiom Technologies has been engaged to provide Services;
(d) Services required as a direct or indirect result of:
(i) the Customer’s negligence or misuse of the Equipment;
(ii) the operation or storage of the Equipment in a physical environment outside the requirements specified by the manufacturer;
(iii) the operation of the Equipment in contravention of either the manufacturer’s specifications or Axiom Technologies’s reasonable instructions; or
(iv) any alteration, modification, relocation or adjustment to the Equipment outside the manufacturer’s specifications or without Axiom Technologies’s approval, which shall not be unreasonably withheld.
2. Customer obligations
2.1 The Customer shall:
(a) follow Axiom Technologies’s support card procedure when requiring Axiom Technologies to provide Services.
(b) ensure that Axiom Technologies’s personnel have full and safe access to the Equipment to provide the Services;
(c) ensure that Axiom Technologies’s personnel have reasonable access to adequate working space, telephones, electricity and Internet access whilst on the Customer’s site;
(d) promptly provide Axiom Technologies with any information and consumables that Axiom Technologies reasonably requests to enable it to provide the Services; and
(e) be solely responsible for maintaining a procedure for the backing up and restoration of its own data.
2.2 If any additional third party software or applications are required to receive the Services, the Customer is responsible for procuring the rights to such items and for any configuration, interoperability issues, maintenance and storage of the third party software.
3.1 All replacement parts installed by Axiom Technologies will become the property of the Customer. The replaced parts removed from the equipment will become Axiom Technologies property unless agreed otherwise.
4.1 Each party must comply with the Privacy Act 1988 (Cth) (Act) and the only process, use or disclose Personal Information (as defined in that Act) for the purposes of performing its obligations under these Terms or as required by law.
5.1 The Customer must only bring any claims it has in relation to the Services against Axiom Technologies directly.
5.2 If, however, Axiom Technologies is legally liable to the Customer, Axiom Technologies’s liability to the Customer for all proven loss and damage, regardless of the nature of the cause of action, whether in contract (including breach of warranty), negligence (or any other tort), repudiation or anticipatory breach, in equity or common law, for breach of statutory obligation or duty or otherwise, is limited to the amount paid by you, the Customer, to Axiom Technologies for the Service to which the liability relates. If a warranty, condition or guarantee is implied by the Competition and Consumer Act 2010 (Cth) or other relevant legislation which may not be excluded, restricted or modified by agreement, then Axiom Technologies’s liability is limited solely to the resupply of the relevant Service or the payment to the Customer of the cost of having the Service provided again.
5.3 To the extent permitted by law, Axiom Technologies is not liable to you, the Customer for indirect or consequential losses, downtime costs, lost profits, lost revenue, lost reputation, lost data, loss of use, loss of goodwill and failure to realise anticipated savings.
6.1 Intellectual property rights comprised in the Services and any other equipment or materials used by Axiom Technologies to provide the Services are, and remain, owned exclusively by Axiom Technologies and/or its third party service providers.
6.2 Axiom Technologies is not responsible for any delays or errors in its performance, or nonperformance of its obligations under these Terms, due to circumstances beyond its reasonable control.
6.3 If the Customer receives any information that relates to Axiom Technologies’s business operations, financial condition, customers, products, services or technical knowledge, the Customer must keep that information confidential and must not disclose or use or disclose it without Axiom Technologies’s prior written consent. In addition to other remedies, Axiom Technologies is entitled to injunctive relief to prevent a breach and to compel specific performance, of this obligation.
6.4 If anything in these Terms is unenforceable, illegal or void then it is severed and the rest of these remains in force.
6.5 These Terms are governed by the laws of Victoria, Australia and are subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.
6.6 Axiom Technologies may only waive its rights in writing, signed by Axiom Technologies, and no other conduct of its operates as a waiver of the right.
6.7 Axiom Technologies is entitled to the benefit of these Terms and the Customer holds the benefit of these Terms on trust.
6.8 These Terms apply until Axiom Technologies is no longer engaged to provide the Services, except clauses 4, 5 and 6, which survive termination of these Terms.