Computer Gadgets Terms & Conditions

The customer that this agreement represents the entire agreement between the customer and PC Seconds Computers CC T/A Computer Gadgets (hereinafter called Computer Gadgets) , and all legal entities, individuals and debtors that deal whether directly or indirectly in business with Computer Gadgets are hereby collectively referred to in this document as “customers” or as “the customer”.

Any employees (past and present) of Computer Gadgets, the suppliers of Computer Gadgets (past and present) and any and all of the agents of Computer Gadgets (past and present) are hereby collectively referred to in this document as “representatives” of Computer Gadgets.

Customers unconditionally accept and acknowledge being made aware of the following and accept all terms and conditions here-in this web-page or document.

PRICING AND QUOTATIONS:

All prices stated or quoted in any document or correspondence between Computer Gadgets and customer are, unless specified otherwise, inclusive of Value Added Tax at the current rate of 14%.

All equipment and prices quoted on are subject to change without notice and subject to R/$ and other exchange rates and subject to stock availability.

All written quotes are valid for a period of 48 hours from the date of the quotation and are subject to the availability from the suppliers.

Prices and stock availability must be confirmed at time of order by the customer.

Once signed, a quotation is a legally binding order & the customer is liable for payment.

The correct debtor information (who exactly is to be billed), correct billing address, contact information, a valid order number and authorized signature is to be given to Computer Gadgets prior to ordering any and all stock or services rendered.

No items will be ordered and no services will be initiated without a signed quotation and order number faxed /or mailed back to Computer Gadgets.

Customers are to be aware that prices of items when bought individually may differ significantly from those quoted as part of a bundled deal.

Delivery, installation, commencement and performance time quoted are merely estimates and are not binding on computer gadgets.

RETURN OF GOODS:

Goods will only be credited in full, if received within 3 working days and in unused, re-saleable condition & including all manuals, software & packaging. After 3 working days & within 10 days returns will attract a handling charge of 30% at current pricing. No goods will be credited after 10 working days or if the goods are damaged, incomplete or not re-saleable. The acceptance of any return is at our discretion.

DELIVERY OF STOCK:

Once Computer Gadgets has delivered stock to the customer, or to any designated delivery location or guardian specified by the customer, the customer is solely liable, responsible and accountable to Computer Gadgets for payment of the stock. It is the sole responsibility of the customer to insure the stock against theft, loss, fire or any other harm that could damage or reduce the value of the stock items.

ACCOUNTS AND TERMS OF PAYMENT:

Cash Customers / New Customers:

All customer’s or entities who have not applied for credit terms with our company are to pay immediately upon presentation of invoice (COD).

At time of the call-out, the correct debtor information ( WHO is paying for the service and/or goods delivered) - Full Physical Address, Telephone, Cell-phone, Contact details, order number to be given and filled in on the Technician’s Job Card.

Existing / Account Customers:

Any customer or entity that has been accepted by us for terms/account with us must pay promptly on presentation of statement (ie. all our existing customers have a “current” term account).

Computer Gadgets does not, under any circumstances, give terms for longer than a “current” account period.

Definition of “current” terms: Stock supplied and/or services rendered are to be paid no later than the last day of the month that stock was delivered and/or rendered.

The customer agrees that all goods supplied by Computer Gadgets shall remain the property of computer gadgets until the purchase price in respect thereof has been settle in full. Computer gadgets is entitled to immediately institute action against the customer, and/or cancel the sale and take possession of any goods delivered to the customer, including goods sold, disposed of or installed by the customer, which have not been paid in full, and claim damages. These remedies are without prejudice to any of Computer Gadgets right’s.

The customer hereby agrees to not withhold full payment for an account when an individual job / job-card or portion of a job-card is under dispute.

The customer hereby agrees to not withhold full payment for any physical stock item that has been delivered when an individual job / job-card or labour portion of a job-card is under dispute.

The customer accepts that he/she will pay Computer Gadgets for goods or services delivered or rendered within the minimum stipulated company term repayment period (“current” terms) and that failing to do so, he/she accepts full, unconditional liability to Computer Gadgets for all legal costs to recover the amount from him/her as well as the cost of the equipment and services as well as any interest accrued.

Should any amount not be paid by the customer on the due date, then the full outstanding amount in respect of all purchases by the customer shall become due, owing and payable irrespective of the dates when the goods were purchased, and the customer shall be liable to pay interest in the respect of amounts unpaid as at the compound rate of 5% above prime overdraft lending rate of Computer Gadgets bank, being First National Bank on all overdue amounts from due date until date of payment, calculated and payable monthly in advanced.

Any jobs / issues that are not resolved on a call-out must please be brought to the attention of one of the staff at Computer Gadgets immediately at our office number of 041 364 0737 so that we may endeavour to remedy the problem. It is not acceptable to withhold payment on an account due to a problem that was not resolved and we were not notified at the time of the problem.

TIME SPENT AND BILLING:

Please note that we may not be able to solve all problems on-site and the customer must accept that “job” or attempt to solve a problem may be taken off-site. We charge for time spent and for the successful completion of tasks or jobs, if we cannot successfully complete the job due to circumstances beyond our control, we will provide the customer with a suitable solutions. The customer must accept that “job” or attempt to solve a problem may span across several job cards and that the problem, may not be resolved or resolved as promptly as the customer expects.

The customer is hereby made aware and accepts that unfortunately, many IT, computer or network problems may only be solved through a (sometimes lengthy) process of elimination.

This may take time and several attempts and more than one visit to a site. The customer accepts any and all costs in an attempt to resolve a problem.

The customer accepts the cost of ALL the call-outs, time spent and/or processes in the job to solve the problem.

LABOUR RATES AND TRAVELLING:

Computer Gadgets will attend the customer's premises at the prearranged time. The Customer will pay for all Services provided, at the following rates. By confirming a Computer Gadgets booking, the customer accepts these Terms and Conditions.

  • Call out of thirty minutes or less – R350 Incl. of VAT ( PE Only)
  • Call out of one hour – R450 Incl. of VAT (PE Only)
  • Additional hours are billed at R300 incl. of VAT an Hour
  • Travelling will be charged R4.50 per kilometre outside of Port Elizabeth.

WORKING HOURS:

Computer Gadgets normal working hours are Monday through Friday, 08:00 to 17:30 and Saturdays, 09:00 to 13:00. In some cases, subject to previous arrangements being made, The Services will be provided out of the normal working hours. An overtime fee will be charged for these additional working hours. Sundays will be charged at double the normal hourly rate.

CANCELATION:

Computer Gadgets must be notified of any appointment cancellations, by no later than 2 hours, prior to the appointment. Computer Gadgets reserves the right to invoice any customer when cancellation occurs, less than two hours prior to the appointment.

If the Computer Gadgets engineer offers a solution that the customer does not wish to use, the customer will be charged for the time spent on site up to this point.

If the technician is prevented from resolving a problem because the customer does not posses the appropriate software disks, drivers or product serial numbers, the customer will be charged for the time spent up to that point.

If the technician diagnoses a fault with a customer's Internet Service Provider, even when the ISP denies any fault, the customer will be charged the standard rates for the time spent on site.

CONFIDENTIALITY:

Computer Gadgets will maintain the confidentiality of the customer's files and or data. Computer Gadgets further undertakes not to provide any customer information to any third party, save in the event that it is lawfully required to do so. Computer Gadgets reserves the right to refuse the provision of The Services for any reason. Including, but not limited to, the presence of unlicensed or illegal software and or material of an obscene or pornographic nature on a customer's computer. If, for such reason, Computer Gadgets terminates The Services, the customer shall be liable for any charges incurred in respect to the time spent on site by the Computer Gadgets technician.

RETURN VISITS AND COMPLAINTS POLICY:

In the event of any dissatisfaction with The Service provided by Computer Gadgets, the customer should immediately contact Computer Gadgets on 041 – 364 0737. Computer Gadgets will make an appointment for a return visit by the designated technician. The technician will endeavour to rectify the problem. If the cause of the dissatisfaction was due to a matter beyond the control of Computer Gadgets, the Customer shall pay for the additional time incurred at Computer Gadgets normal rates. If the problem arose directly as a result of Computer Gadgets previous attendance no further charge shall be made.

WARRANTIES:

Any and all warranties are honoured by our suppliers and not directly by Computer Gadgets. We are merely a retail agent and consulting firm. We do not manufacture computer equipment and we do not repair computers or electronic equipment at a component level.

All warranties / swap-outs / replacements are subject strictly to the supplier’s terms and conditions and their sole discretion at how they intend to honour the warranty.

All warranties are “carry-in” warranties.

If items are repaired or collected on-site, a standard labour or collection or delivery fee will be charged.

A computer component or computer CPU or GPU that is damaged due to a fan not cooling it sufficiently, heat damage, power surges or due to a customer “over-clocking” the CPU or GPU or otherwise “tampering” with or modifying components is not covered by warranty. Warranty will be void in these circumstances.

Customers may not break any seals placed on any OEM systems or any components that have seals on them for that matter. This voids the warranty. To be valid, guarantee claims must be supported by the original tax invoice, and the goods must be accompanied by all accessories and manuals, which must be intact. All items must be returned in “as new” conditions.

It is the customer’s responsibility to ensure that he/she has adequate backups before handing a computer over to Computer Gadgets or one of its suppliers to be repaired.

It is accepted that Computer Gadgets or its suppliers will under no circumstances be held liable / responsible if one of its suppliers or representatives erases or loses data or information in an attempt to repair a hardware or software problem.

Under no circumstances will Computer Gadgets be liable for any damage arising from any misuse of the goods supplied and or services rendered.

Warranties periods may differ on each individual component.

Non-standard components fitted to branded pre-built computers generally carry a one year warranty. However, individual components may differ depending on the manufacturer.

Should the customer require Computer Gadgets to transfer, backup data, move or install or set up the equipment in a quotation, please note that if this is not specified, it will be charged for at our current labour support rates.

Damage caused to equipment or data by theft, damage in-transit, lightning, power surges, accidents or negligence will not be covered by us nor by our supplier’s warranty as this is an insurance claim to be taken up with the customer’s insurance company.

Computer problems related to viruses, spyware, “malware” (malicious software), corruption, or any software or firmware problem, etc. are not covered by warranty or guarantees. Software is not covered by warranty.

Second Hand computer equipment is sold “voetsstoots”.

SOFTWARE AND LICENSES:

If a computer is a pre-built OEM system (such as a Mecer-brand PC), the operating system software license agreement may be bundled / included in the price of the “case” as per OEM agreement with Microsoft ™ and may or may not appear visible as a separate item / cost on the invoice.

Branded / OEM System computers will include a software license, but may not in all cases (depending on supplier and license-type) include the installation disks. Software may or may not be pre-installed for the customer.

If software is not quoted on, or does not appear on an invoice, then the software license and disks will not be supplied or installed on a computer and it is the customer’s responsibility to supply Computer Gadgets with legal licenses of software to install on the computer.

The legality of the software used in pre-loading a PC for a customer is the sole liability and responsibility of the customer and the customer indemnifies Computer Gadgets for any legal liabilities for loading/installing any software on his/her computer.

It is accepted by the customer that Computer Gadgets is completely indemnified from any and all legal action whether directly or indirectly for loading any software and accepts that Computer Gadgets will not be held responsible or legally liable under any circumstances for pre-loading a computer with an illegal license.

It is the customer’s sole responsibility to ensure that all software installed on his/her computers is legal. It is the sole responsibility of the customer to ensure that his/her computers run legal software and that he/she has adequate software licenses.

The customer accepts full, unconditional liability and responsibility for any software he instructs or requests Computer Gadgets to install, update or re-load on his computer systems.

INSURANCE / DAMAGE / LOSS:

The customer hereby indemnifies Computer Gadgets and its representatives against any legal claim or liability for damage or loss that may be incurred due to his/her computer equipment or data being lost, stolen or damaged while in transit, or at Computer Gadgets Premises’ or at any time when in the possession of Computer Gadgets or one of its representative for repair or quotation to be repaired purposes.

Damage or loss caused to equipment by lightning, power surges, accidents, vandalism, negligence or theft will not be covered by Computer Gadgets or by our supplier’s warranty as this is an insurance claim to be taken up with the customer’s insurance company.

It is the customer’s sole responsibility to insure against loss of data, property, damage, theft, fire, any loss whatsoever and to ensure that he/she has reliable, recent backups. The customer indemnifies Computer Gadgets against any and all legal claims against such events.

BACKUPS / LOSS:

Most importantly, it is the customer’s sole responsibility to ensure that he/she has adequate backups prior to any computer, data-containing device being collected by Computer Gadgets and it is accepted that Computer Gadgets and its representatives will not be held responsible or liable for any loss due to theft, accidental damage or damage caused for whatever reason while in the possession of Computer Gadgets.

LOSS / DAMAGE DISCLAIMER:

By dealing with Computer Gadgets, the customer hereby indemnifies Computer Gadgets and its representatives against any loss of any nature whatsoever for whatever reason incurred by hereby accepting that Computer Gadgets will under no circumstances be held liable for any damage, loss of data, earnings either caused directly or indirectly by Computer Gadgets or one of it’s representatives working on any of his/her electronic equipment, network or computers or through any dealings with Computer Gadgets.

E-MAIL DISCLAIMER:

All e-mail or other correspondence & any files transmitted with it between the customer and Computer Gadgets are confidential & intended solely for the use of the individual or entity to who they are addressed. If a customer receives an email in error, it is requested that he delete the mail & notify the sender immediately. It is the sole responsibility of the customer that receives mails from Computer Gadgets and their representatives to scan the e-mail & any and attached files for viruses & the like. Computer Gadgets & the sender accepts no liability of whatever nature for any loss, liability, damage or expense resulting directly or indirectly from any such viruses or from receiving, reading or opening these mails.

AUTHOR CONTACT DETAILS:

Any and all queries, problems please contact “Sebastian Kleu” on 041 364 0737 between the hours of 8am and 5pm or send an e-mail.

All account and sales queries or issues can be resolved by our administrative staff on 041-364 0737 or be mailed.

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83 Fourth Ave, Newton Park

Port Elizabeth, 6045

Phone: 041 364 0737

Fax: 086 677 3435

Skype: computer_gadgets

Email: click here

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