Terms and Conditions of Services

  1. The placing of an order upon Open.Net Limited shall be deemed as acceptance of these Terms and Conditions whether the order is placed verbally, through the Internet, fax or mail.
  2. Where this Agreement relates to more than one item of equipment it shall be a separated and severable contract for each item of equipment.
  3. The customer authorizes Open.Net before or after placing the order to insert in the schedule of this Agreement the uncompleted information without affecting in any way the validity of this Agreement. No error in the serial number or other identification data shall affect this Agreement.

    4. In this Agreement:
  4. The Customer shall:
    1. Pay to Open.Net a deposit payment in the amount specified by Open.Net on depositing the equipment with Open.Net for assessment.
    2. Pay the repair charges as specified by Open.Net before uplifting the equipment and in any event within 7 days of the issues of invoice by Open.Net.
    3. Be liable to pay Open.Net interest at the rate of 2.0 per cent per calendar month or part month on any invoices not paid by the due date and also be liable for all collection and/or legal costs incurred in recovering payment of any amount due hereunder.
    4. Acknowledge that the equipment shall at all times be at the risk of the customer including from the time delivery into the possession of Open.Net or its servants or agents to the return of the equipment to the customer.
    5. Expressly warrant that it is the legal and equitable owner of the equipment and entitled to possession of the same at the date of delivery of the equipment to Open.Net and indemnify Open.Net against any costs, claims, demands or actions of whatsoever nature arising from any breach by customer of this warranty.
    6. In the event that the customer shall fail to uplift the equipment from Open.Net and/or shall have failed to pay to Open.Net the amount owing under the invoice issued to the customer under this Agreement in respect of the repair work for a period of more than one month from the date of invoicing accept that Open.Net shall be entitled to sell such equipment and deduct therefrom all sums owing to Open.Net and the cost of sale.
    7. Remain liable for the full contract price until such cheque or negotiable instrument is paid in full in the event that it shall tender a cheque or other negotiable instrument to Open.Net as payment by the customer.
    8. Assume all risk in respect of any data stored on the equipment at the time of presentation to Open.Net for assessment and repair and hereby indemnify Open.Net against all loss of data from any cause whatsoever or in any way relating to or resulting from repair work undertaken by Open.Net.
    9. Be solely responsible for the backup of data, for the backup of or separate storage of data contained in the equipment prior to the presentation of the equipment and the data contained in it.
    10. Be solely responsible for the maintenance and updating anti-virus, software or hardware firewall and other protection against the viability of the equipment and the data contained in it.
    11. Be solely liable for all shipping costs relating to the equipment. Open.Net shall not be responsible for shipping mishandling and the customer shall acquire as required insurance relating to the shipping of equipment to Open.Net. All shipment undertaken by Open.Net back to the customer carries a maximum insurance cove of $1500. The customer shall be responsible to make arrangements with Open.Net for insurance cover in excess of $1500 should the same be required.

  5. Open.Net shall:
    1. Examine the equipment and advise the customer of the assessed fault and where possible the estimated cost of repair.
    2. Make no further charge to the customer if it considers that it shall be unable to repair the equipment or the customer shall decide not to contract the services of Open.Net further.
    3. Alter or withdraw without notice before any order arising from it has been accepted by the customer, any estimated given as to the cost of repair of the equipment. Any estimated provided by Open.Net for the repair of the equipment remains open for a period of 30 days from the date of estimate. Orders arising from the estimate will be binding on Open.Net only when accepted by Open.Net in writing.
    4. Not until it has received the customer's instructions proceed with the repair recommended by it.
    5. In the event that the assessed repair work will require the purchase by Open.Net of parts to be supplied, be entitled to require the payment of a further deposit to be held against the final cost of the parts supplied in its repair work.
    6. Be entitled to cancel or suspend repair work with the customer in addition to its other remedies if any amounts payable by the customer to Open.Net are overdue or if the customer fails to meet any obligation under this aggreement. Upon the cancellation of this aggreement with the customer all of the customer's indebtedness to Open.Net shall become immediately due and payable.
    7. Not be liable for any delay or failure in complying with any obligation imposed under this agreement or for loss or damage(including indirect or consequential loss or damage) if the failure or delay arises from the cause that is unforeseeable and beyond the control of Open.Net.
    8. Be entitled to dispose of any goods supplied in the course of its repair work for the customer and title to any property in such good, goods shall not pass to the customer until Open.Net has received payment in full for supply of such goods and its repair work as well as any payment for all other goods and services supplied by Open.Net to the customer and until all other sums owing by the customer to Open.Net have been paid in each case regardless of the time in which such payment may be due.
    9. Not be held responsible for any damage caused by fire, theft, the testing of equipment or other cause beyond its control including virus infection, hacking or other source of potential damage to the equipment.
    10. Not be held responsible for any loss of damage arising from incompatibility in respect of hardware or software installation not preformed by Open.Net.

    Warranties

  6. Open.Net warrants all repair work to computers, laptops and notebooks, free of defects in respect of workmanship for a period of 3 months from the date of repair limited however to the cost of the repair work assessed and undertaken.
  7. Open.Net provides a 30 day warranty on all new, used and refurbished parts supplied in the completion of its repair work in addition to the new parts warranty supplied by the manufacturer.

    8. Limitations

  8. The maximum liability of Open.Net under this Agreement will be the costs incurred in the necessary repair of the equipment and Open.Net will not otherwise be liable or responsible for any damage or loss arising out of or in connection with the repair of the equipment including consequential loss or damage howsoever arising. Open.Net will not in any case be liable for any loss of profits or economic cost arising as a result of any wilful or negligent act or omission on the part of Open.Net, its employees, agents or representatives.
  9. In the event that Open.Net shall be prevented from carrying out any of its obligations under this Agreement as the result of any cause beyond its control it shall be relieved of all obligations and liabilities incurred under this Agreement in so far and for so long as the performance of such obligations is prevented or impeded.
  10. Any manufacturers or other written guarantees provided are in addition to any statutory rights the consumer may have.
  11. In any case where the goods or services are being purchased for use in a business or for re-supply and trade or where the customer is not a consumer within the meaning of the Consumer Guarantees Act 1993 the liability of Open.Net whether in contract or pursuant to any concellation of any contract or in tort, in respect of all claims, for loss, damage or injury arising from any breach of any of Open.Net's obligations arising under or in connection with this Agreement, from any cancellation of this Agreement or from any negligence on the part of Open.Net, its servants, agents or contractors, shall not in aggregate exceed the price of the goods or the services in respect of which liability is claimed.

    12. Advice

  12. Whilst any advice, recommendation, information, assistance or service provided by Open.Net in relation to the provision of its repair services to the customer is given in good faith and is believed to be appropriated and reliable and any such customer information is provided and made without liability or responsibility on the part of Open.Net and is entirely at the risk of the customer.

    13. Other

  13. This Agreement constitutes the entire Agreement between the customer and Open.Net and no representation, statement, condition or warranty not contained in this Agreement shall be binding on Open.Net.

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