The Terms and Conditions set out below will apply to all Goods supplied or Services performed by Conphone Pty Ltd ACN 143 740 943 trading as Casphone (Casphone).
1.1 Customer means the Customer (or any person acting on behalf of and with the authority of the Customer) of Casphone;
1.2 Goods mean all goods supplied by Casphone to the Customer and as described on any invoice, quotation, or any other form as provided by Casphone to the Customer and includes any parts used in the performance of any Services;
1.3 parties means the Customer and Casphone and party means any of them;
1.4 Price means the Price payable for the Goods or Services as agreed between Casphone and the Customer in accordance with these Terms & Conditions and includes the Service Fee;
1.5 Services mean all service performed by Casphone for the Customer and as described on any invoice, quotation or any other form as provided by Casphone to the Customer; and
1.6 Service Fee means a fee charged by Casphone for performing (or attempting to perform) the Services.
2.1 By placing an order for Goods or Services from Casphone the Customer agrees to these Terms & Conditions.
2.2 Any instructions received by Casphone from the Customer for the supply of Goods or Services and/or the Customer’s acceptance of Goods or Services supplied by Casphone will constitute acceptance of these Terms & Conditions.
2.3 Where more than one (1) Customer has entered into these Terms & Conditions, the Customers will be jointly and severally liable for all payments of the Price and any other monies payable by the Customer pursuant to these Terms & Conditions.
2.4 Upon acceptance of these Terms & Conditions by the Customer, the Terms & Conditions are binding and can only be amended with the written consent of Casphone or as set out in these Terms & Conditions.
2.5 Goods or Services are supplied by Casphone only on these Terms & Conditions to the exclusion of anything to the contrary in the terms of the Customer’s order notwithstanding that any such order is placed on terms that purport to override these Terms & Conditions.
2.6 The Customer must ensure that Casphone is provided with the Customer’s correct contact details.
3. Quotations and Orders
3.1 Any quotation provided by Casphone is not an offer or obligation to sell but an invitation to treat only.
3.2 The Customer acknowledges that the Price on any quotation is only for the Goods or Services as listed on the quotation and shall not cover the supply of any other Goods or performance of any other Services for the Customer.
3.3 A quotation is open for acceptance within the period stated in the quotation or within thirty (30) days of the date of the quotation if no period is stated.
3.4 Casphone reserves the right to accept or reject any order it receives. Until Casphone accepts any order submitted, Casphone is not obliged to provide any Goods or perform any Services.
3.5 If an order is accepted by Casphone for Services, and the Customer cancels the order after the date that the order was accepted by Casphone, the Customer will forfeit any deposit paid for that order and/or Casphone may charge a Service Fee.
3.6 If the Customer defaults under these Terms & Conditions, Casphone may cancel, suspend or vary the terms and conditions of any incomplete order that has been accepted by Casphone without notice to the Customer and without being liable to the Customer.
3.7 Casphone is not responsible to the Customer for a breach of its obligation to supply the Goods or Services pursuant to an order Casphone has accepted, or for any delay in delivery, if the failure or delay is caused by matters beyond the reasonable control of Casphone.
4. Price and Payment
4.1 At Casphone’s sole discretion the Price will be either:
4.1.1 as indicated on invoices provided by Casphone to the Customer in respect of Goods supplied or Services performed; or
4.1.2 Casphone’s price at the date of delivery of the Goods or Services according to Casphone’s current price list; or
4.1.3 Casphone’s quoted Price on its quotation which shall be binding upon Casphone provided that the Customer accepts the quotation within the time period stated in the quotation or within thirty (30) days of the date of the quotation, if no period is stated.
4.2 Casphone may request payment by the Customer of a non-refundable deposit prior to the supply or delivery of the Goods and Services.
4.3 Casphone may, in its sole discretion, require payment of the Price by the Customer either prior to or on delivery of the Goods and Services.
4.4 Time for payment for the Goods or Services will be of the essence and will be on delivery of the Goods or Services or as otherwise stated on the invoice for the supply of the Goods or Services by Casphone to the Customer.
4.5 Payment of the Price must be made by cash, credit card, direct credit, or by any other method agreed to by Casphone.
4.7 Unless otherwise stated, GST and other taxes and duties that may be applicable will be included in the Price.
4.6 For the purposes of these Terms and Conditions, delivery in relation to Goods means, when the Customer takes possession of the Goods either by collecting the Goods from Casphone’s premises or by delivery of the Goods to the Customer’s nominated address.
4.7 In the event that the Customer is unable to take delivery of the Goods as arranged, Casphone will be entitled to charge a reasonable fee for redelivery.
4.8 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of these Terms & Conditions.
4.9 Casphone may, in its sole discretion, deliver the Goods by separate installments.
4.10 The failure of Casphone to deliver the Goods or any of the Goods will not entitle either party to treat these Terms & Conditions as repudiated.
4.11 Casphone will not be liable for any loss or damage due to failure by Casphone to deliver any of the Goods promptly or at all as a result of circumstances beyond the control of Casphone.
5. Title & Risk
5.1 Ownership of the Goods will not pass to the Customer until the Customer has paid Casphone all amounts owing for the Goods.
5.2 Casphone’s title or rights in the Goods or Services will continue until any form of payment by a Customer has been received, honoured, cleared or acknowledged by Casphone.
5.3 Notwithstanding clause 5.2, all risk in the Goods passes to the Customer on delivery of the Goods.
6.1 For the purposes of these Terms and Conditions, delivery in relation to Services means when performance of the Services is completed.
6.2 Where the Services to be performed by Casphone include the repair of a mobile device and such repair cannot be completed due to matters outside the control of Casphone, Casphone will still be entitled to charge the Service Fee.
6.3 Where reasonable, should additional Services be required to repair a device, Cashone will obtain the authority of the Customer and advise the updated Price prior to undertaking such additional services.
6.4 The Services may be performed at any Casphone premises at Casphone’s sole discretion.
6.5 Casphone will endeavor to perform the services in a timely manner (usually within five (5) business days).
6.6 Notwithstanding clause 6.5, Casphone will not be liable for any loss or damage of the Customer due to failure by Casphone to perform the Services promptly or at all as a result of circumstances beyond the control of Casphone (including but not limited to acquisition of required Goods).
6.7 Upon completion of the Service, Casphone may test the device as may be appropriate, including but not limited to by making a call of up to but not more than one (1) minute. The Customer consents to such testing.
6.8 Following notification by Casphone that the Services have been completed (or notification that the Services cannot be performed), the Customer has a period of fourteen (14) days to collect the device.
6.9 In the event that the device is not collected by the Customer within thirty (30) days of notification (or Caspphone’s reasonable attempts to contact the Customer), the Customer forfeits the device to Casphone and Casphone may deal with the device in its sole discretion.
7.1 The Customer acknowledges and understands that where a device is waterproof, Casphone cannot guarantee that such device will be waterproof following provision of the Services. The Customer accepts this risk upon placing an order with Casphone for the Services.
7.2 Casphone does not replace or repair motherboards or logic boards in devices and is not responsible or otherwise liable for their parts or condition.
7.3 The Customer acknowledges and agrees that any finger print sensor in the device will not work following the replacement of any parts associated with such feature (i.e. the home button).
7.4 The Customer further acknowledges that any finger print sensor in the device may not function following provision of the Services. The Customer accepts this risk upon placing an order with Casphone for the Services.
7.5 Where the Services include the repair of a device which has water damage, Casphone’s warranty is specifically excluded to the extent permitted by law.
8. Software and Data
8.1 The Customer is responsible for backing up any software, applications and data of any device prior to Casphone performing the Services.
8.2 Casphone will not be liable for any loss, damage or defect of software, programs or data during the performance of the Services.
9. Competition and Consumer Act 2010 (Cth) (CCA)
9.1 Subject to Casphone’s statutory obligations under the CCA the following provisions apply.
9.2 Casphone’s liability for a breach of a condition or warranty implied by Part 3–2 Div 1 of the CCA is limited to:
9.2.1 In the case of Goods, any one (1) or more of the following: the replacement of the Goods or the supply of equivalent Goods; the repair of the Goods; the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or, the payment of the cost of having the Goods repaired.
In the case of Services, the supply of the services again; or, the payment of
9.2.1 the cost of having the services supplied again.
9.3 Subject to Casphone’s statutory obligations under the CCA and except as provided in these Terms & Conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded.
9.4 Casphone is not liable to the Customer for any physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of any Good or arising out of negligence or in any way whatsoever.
9.5 Casphone’s liability under section 274 of the CCA is expressly limited to a liability to pay the Customer an amount equal to: the cost of replacing the Goods; the cost of obtaining equivalent Goods; the cost of having the Goods repaired; or the cost of proving the Services again whichever is the lowest amount.
10.1 To the extent permitted by law, Casphone does not warrant the following:
10.1.1 any of the Goods that are not manufactured by Casphone, and in such case the Customer will only have the benefit of the warranty (if any) of the manufacturer of those Goods which forms part of the contract between Casphone and the manufacturer; or
10.1.2 normal fear wear and tear in the Goods;
10.1.3 defects, loss or damage caused directly or indirectly by or as a result of:
10.1.3.1 any defect, deterioration, weakening or collapse of the structure to which the Goods are installed occurring at any time;
10.1.3.2 any damage to or deterioration in the condition of the Goods or occurring in transit or occurring after delivery of the Goods;
10.1.3.3 any additional defect damage or deterioration arising from or attributable to the installation of the Goods after it is known to be defective;
10.1.4 the Goods where the defect, loss or damage is caused directly or indirectly by or as a result of the use of the Goods, by the Customer not strictly in accordance with recommended guidelines for that specific Good;
10.1.5 defects or deterioration which, in the opinion of Casphone, have been caused by careless or improper handling, negligence, misuse, care or maintenance instructions, alterations or repairs carried out by anyone other than Casphone’s authorised representatives, or by fair wear and tear.
10.2 The Customer acknowledges and agrees that they have had the opportunity to review the variety of Goods offered by Casphone together with their specifications and quality and that unless specifically stated otherwise, that the Good is fit for use. Casphone will not be liable to the Customer in any way for any costs, damage or loss of any kind whatsoever (including, without limitation, liability for direct, indirect, special or consequential loss or damage) incurred or sustained by the Customer or any third party arising from or in connection with the Goods and any damage caused.
10.3 Where Regulation 90 of the Australian Consumer Law applies in respect of any warranty for defects, the Customer can, at its cost, contact Casphone at 148 Ipswich Road, Woollongabba in the State of Queensland or on email at email@example.com and provide Casphone with details of the Goods, a description of the defect, the Customer’s details and proof of purchase. Casphone will then process and advise the Customer on its claim in a timely manner. Casphone will make, at its own discretion, an election to either replace or repair the Goods.
10.4 Casphone does not have to repair or replace a Good under a warranty of Casphone if the Good has been modified, disassembled, misused, improperly or inappropriately installed, operated or repaired, abused, damaged or not maintained in accordance with Casphone’s and/or manufacturer’s instructions.
10.5 Where applicable: Casphone’s Goods come with guarantees that cannot be excluded under the Australia Consumer Law. You are entitled to a replacement or refund for major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does amount to a major failure. The benefits under the warranty are in addition to other rights you may have at law.
10.6 For the purpose of making any claim under this clause, the Customer must:
10.6.1 immediately upon becoming aware of circumstances giving rise to a claim, notify Casphone in writing setting out full details of the claim;
10.6.2 provide Casphone with proof of purchase of the Goods in relation to its claim; and
10.6.3 allow Casphone, its employees and/or agents full and free access to the Goods in relation to which the claim is made for the purpose of conducting any inspection and tests that Casphone may in its absolute discretion consider necessary to determine whether the claim is justified or not.
10.7 Where a Good or any part of a Good is not manufactured by Casphone, Casphone will use all reasonable endeavours to assign to the Customer the benefit of any warranty in respect of that part of the Good.
10.8 Any warranty of Casphone cannot be assigned or transferred to any third party.
10.9 This clause must be read in conjunction with any warranty statement provided by Casphone in respect of the Goods and Services
10.10 Casphone shall not be liable for any phone manufacture warranties that are voided following provision of the Services.
11.1 A return of Goods will only be accepted provided that:
11.1.1 the Customer has complied with the Terms & Conditions; and
11.1.2 Casphone has agreed in writing to accept the return of the Goods; and
11.1.3 the Goods sare returned at the Customer’s cost within seven (7) days of delivery; and
11.1.4 the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
11.2 Casphone will not be liable for Goods which have not been stored, used or handled in a proper manner.
11.3 Casphone will not accept the return of Goods for credit.
12.1 Interest on overdue invoices will accrue daily from the date when payment becomes due, until the date of payment, at a rate of fifteen (15%) per annum (and at Casphone’s sole discretion such interest will compound monthly) after as well as before any judgment.
12.2 In the event that the Customer’s payment is dishonoured for any reason, the Customer will be liable for any dishonour fees incurred by Casphone.
12.3 If the Customer defaults in payment of any invoice when due, the Customer will indemnify Casphone from and against all costs and disbursements incurred by Casphone in pursuing the debt including legal costs on a solicitor and own client basis and Casphone’s collection agency costs (if permissible by law). If any account remains overdue after seven (7) days then an amount of the greater of fifty dollars ($50.00) or ten percent (10%) of the amount overdue (up to a maximum amount of $250.00) shall be levied for administration fees which sum shall become immediately due and payable by the Customer.
13.1 Casphone may cancel any order to which these Terms & Conditions apply or cancel delivery of Goods or the performance of Services at any time before the Goods are delivered or the Services performed by giving notice to the Customer. Casphone will not be liable for any loss or damage whatsoever arising from such cancellation.
13.2 In the event that the Customer cancels the delivery of Goods or performance of the Services, the Customer will be liable for any loss incurred by Casphone (including, but not limited to, any loss of profits) up to the time of cancellation.
14. Privacy Act 1988 (Cth)
15.1 If any provision of these Terms & Conditions is invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired.
15.2 If any provisions of these Terms & Conditions are inconsistent with the PPSA, the PPSA will prevail to the extent of that inconsistency.
15.3 These Terms & Conditions and any contract to which they apply will be governed by the laws of Queensland and are subject to the jurisdiction of the courts of Queensland.
15.4 To the extent permitted by law:
15.4.1 Casphone will be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Casphone of these Terms & Conditions;
15.4.2 In the event of any breach of this contract by Casphone the remedies of the Customer will be limited to damages which under no circumstances will exceed the Price of the Goods and Services.
15.5 The Customer will not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by Casphone nor to withhold payment of any invoice because part of that invoice is in dispute.
15.6 Casphone may license or sub-contract all or any part of its rights and obligations.
15.7 The Customer agrees that Casphone may review these Terms & Conditions at any time. If, following any such review, there is to be any change to these Terms & Conditions, then that change will take effect from the date on which Casphone notifies the Customer of such change. The Customer will be under no obligation to accept such changes except where Casphone supplies further Goods or Services to the Customer and the Customer accepts such Goods or Services.
15.8 Neither party will be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond their reasonable control.
15.9 The failure by Casphone to enforce any provision of these Terms & Conditions will not be treated as a waiver of that provision, nor will it affect Casphone’s right to subsequently enforce that provision.
Effective from 14/08/2017