DRG Technology Limited

Terms and Conditions of Computer Support and Supply of Equipment

1. Binding Terms
1.1 DRG will only deal on these terms and conditions for the supply of network, hardware and software support Services and Equipment.

1.2 These terms and conditions will be the only terms and conditions of the contract. In the event of any conflict between these terms and conditions and the terms of the Customer’s order form, these terms and conditions shall prevail.

2. Price
2.1 An hourly rate advised from time to time by DRG, plus GST, will be charged (to the nearest 15 minutes) on a pro rata basis for all onsite and telephone support work (“Services”). Where travel time exceeds 30 minutes (one way) a callout fee may be charged.

2.2 DRG may change advised rates on giving not less than 1 month’s notice to the Customer.

2.4 Written quotations for the supply of network, hardware and/or computer equipment and peripherals (“Equipment”) will remain as quoted for a period not exceeding one month.

3. Response Times
DRG will endeavour to respond with a request for Services within the following times (which may vary depending on the Services required):

(a) Within standard working hours (8am to 5pm Monday to Friday, excluding public holidays):

• telephone response – 2 hours
• onsite support – 4 hours

(b) Outside these hours:

• telephone response – 24 hours
• onsite support – 24 hours

4. Delivery and Risk
4.1 DRG shall not be liable for any loss or damages incurred by the Customer due to any delays resulting from the non-availability of Equipment to any cause beyond its reasonable control.

4.2 Risk in Equipment supplied by DRG to the Customer shall pass to the Customer when Equipment is delivered to the Customer’s premises.

5. Availability
All orders for Equipment are subject to the availability of Equipment.

6. Payment
6.1 Payment for Equipment and Services is due 7 days following date of invocie. DRG may charge interest at commercial overdraft rates on any sum not paid by due date.

6.2 If payment is not made as required by clause 6.1, DRG, without prejudice to its other remedies, may cease providing the Services and Equipment until payment is made.

6.3 Where web hosting is paid for annually, the client may cancel the contract with one months notice. The client will be refunded for any unused whole months at a rate of the annual fee divided by 12 multiplied by the number of remaining months.

7. Ownership
7.1 Ownership of and title to Equipment shall remain with DRG until the Customer has paid the purchase price in full.

7.2 Until payment the Customer shall be entitled to remain in possession of Equipment as a bailee only and shall not be entitled to sell transfer or otherwise dispose of Equipment except in the ordinary course of the Customer’s business. Any such sale, transfer or other disposal shall be without prejudice to DRG’s rights, or to the Customer’s obligations.

7.3 Until payment the Customer shall at all times store or place, or use its best endeavours to store or place, Equipment in locations where they are separate and readily identifiable from any other Goods and DRG may at any reasonable time enter any such locations to determine that the Customer is complying with this provision.

7.4 Should the Customer fail to pay for Equipment as provided in these terms and conditions or be placed in receivership, liquidation or bankruptcy or become insolvent or commit an act of bankruptcy before payment DRG or its representative may enter any premises of the Customer or any third party where Equipment is located or stored and recover possession of the same for DRG’s own use absolutely. This provision shall apply notwithstanding (a) any claim or alleged claim of any third party to Equipment or (b) that Equipment may have been mixed with any other goods and/or affixed to any surface or structure and the Customer indemnifies DRG against any liability arising from the recovery of Equipment.

8. Limitation of Liability
8.1 DRG’s liability whether in contract or tort (and whether under these Terms and Conditions or otherwise) is limited to:

(a) In respect of Equipment, its replacement free of charge or a refund of the purchase price at the option of DRG and

(b) in respect of Services, the amount invoiced by DRG for those Services.

8.2 In respect of defective Equipment not produced by it, DRG shall in no circumstances be liable to pay to the Customer any amount in excess of such amount (if any) as it shall have received from its supplier.

8.3 DRG will in no circumstances be liable for any consequential indirect or special damages or losses.

8.4 Save as expressly provided, all express or implied conditions, statements or warranties, whether statutory or otherwise, are excluded. Without limiting the generality of the foregoing, if the Customer acquires Goods for the purposes of a business, the Customer acknowledges that any contract between DRG and the Customer shall be a business transaction for the purposes of the Consumer Guarantees Act 1993 and that Act shall not apply to any such contract.

8.5 No subclause in this clause shall be construed as limiting any other clause but shall be construed as extending the widest limitation of liability in favour of DRG.