General Terms & Conditions
1.COPIER WORLD PTY LTD T/A ROWE AUSTRALIA hereof (CW) agrees to perform service with respect to the equipment identified on the reverse side hereof (the “Equipment”) onsite in accordance with the following terms and conditions. This agreement represents the entire agreement between the parties.
2.The agreement covers all calls during normal business hours as reasonably requested and necessitated by causes other than negligence, misuse, fire, water, accidents, power surges, power supply units and electronic PCB failures where there is no protection device installed between the device and the powersource.
3.All Parts, including consumables Toners, Inks, MC, Drums, Fuser Units, ITB Units, Feed rollers, unless stated on the first page will be provided under the service plan, with the exception of items considered by Copier World Pty Ltd to be expendable items (such as staples waste toner bottles, Print heads, paper etc) or any parts damaged by carelessness, misuse, causes of nature and power surges as per conditions stated in clause2.
4.Additional but not limited to $0.01 for BW and $0.05 for color click or copy rate charges apply for equipment located in remote or country areas where the location of equipment is greater than or equal to50km from any major city in order to recover the additional expenses incurred in travelling and labor time.
5.Should the equipment be removed from the address as specified overleaf, or not be made available during normal business hours, Copier World Pty Ltd shall be entitled, at it’s option, either to exclude the equipment in terms of this agreement or to service the equipment and recover an additional charge in respect of the additional expenses incurred.
6.The customer agrees that only Copier World Pty Ltd or its agents can relocate, decommission and recommission the Equipment.
7.Consumables listed in clause 3 if noted as included, then the agreed click charges will include such consumables subject to not exceeding the anticipated rate of toner/ink usage as per industry standard of 4 to 5% Print coverage per A4 page or LM when applicable and for other consumables as per specifications provided by the manufacturer. Toner/ink usage is monitored by the device and is supplied only when remaining toner level is at 15% or below.
8.Toner/ink is supplied for use in the Hardware listed on this agreement and is included in the Click Charge on the basis that if customer’s toner/ink orders over the term of SMA period exceed the actual toner/ink usage of the Hardware (as detailed in Copier Worlds service records and as per manufacturers specification and yield), Copier World may calculate and charge for excess toner/ink usage at Current Rates either every 6months and/or at termination or Cancellation of SMA.
9.It is agreed if a spare set of toner/ink is required to be held at all times, then the initial or any additional to initial sets supplied will be invoiced at the current retail value and credited back at termination of the SMA when returned unused. Alternatively, remote meter retrieval, toner Monitoring and Automatic Replenishment via MA-PRINT is available and implementation is strongly recommended.
10.The equipment shall be installed in such a manner that Copier World Pty Ltd shall have access to without having to move the equipment or items surrounding it. The equipment must not be installed in direct sunlight, abnormal temperatures and/or dusty environments. In these instances, Copier World Pty Ltd shall be entitled to recover an additional charge.
11.This agreement will continue in force for an initial period of 6 months from the date hereof, and will be deemed to have been renewed for a second and any subsequent 6 monthly periods, unless terminated by either party at any time by written notice to the other, giving not less than 7 days’ notice by registered Post, or immediately by email on receipt of confirmation from the receiving party preferably prior to the end of the initial or any subsequent 6 monthly periods.
12.Title to all parts furnished hereunder, including all consumable supplies, remains in Copier World Pty Ltd until said parts and supplies are consumed to the extent they may not be further utilized in the copy/printmaking process. In the event of the Buyers’ default or cancellation of the agreement, all such parts and consumable supplies shall be returned to Copier World on demand. Additionally, Copier World reserves the right to charge the Buyer a prorated amount for any unused portion of parts and consumable supplies. The proration shall be established by using the following formula: cw parts and consumable supplies retail price/manufacturers life or yield specification x actual remaining life or yield=Prorated amount.
13.Warranty is separate to the SMA and covers labor and non-consumable parts only for non-consumable related faults for the said number of prints or stated period whichever occurs sooner. Warranty excludes all consumable related and operator initiated faults or any parts damaged by carelessness, misuse, causes of nature, power surge and conditions stated in clause 2 of this agreement.
14.Devices replaced under the Replacement Guarantee will be subject to current SMA rates of the replaced device at the time of replacement and SMA will be deemed to be carried on for the remainder of the guarantee term. Should the replaced device be disposed of or replaced by a third party supplier prior to the end of the term of the guarantee period, then a copy charge worked out for the remaining period with fair and reasonable estimate of previous 12 months of copy charges will be due and payable.
15.Devices replaced under replacement guarantee after 12 Months of initial install will remain the Property of Copier World Pty Ltd and the Original device will be stored by Copier World Pty Ltd and returned at the expiry of the Replacement guarantee term or termination of SMA by the customer.
16.Replacement Guarantee is only for the device itself and only applicable should the original device supplied does not perform to manufacturers recommended specifications or at the total discretion of Copier World Pty ltd when Copier World Pty Ltd deems it necessary to be replaced for whatever reason it may be. In addition all delivery, relocation and install charges for the replacement device will be invoiced and payable at the current Copier World chargeable rate.
17.The Click/Copy service plan/Min Monthly rates may be varied from time to time in accordance with Copier Worlds Current pricing schedule. The customer agrees to supply Copier World Pty Ltd in a manner determined by Copier World Pty Ltd from time to time with a meter reading for each copier each month. Failure to provide Count or in the event of the failure of the copy-counter on a machine then the copy charge for the month shall be the fair and reasonable prorated estimate of copies made and as determined by Copier World Pty Ltd in their sole discretion.
18.Should the SMA be included under a third party Lease, the SMA will terminate at the
relevant initial third party lease expiry date, should the leasing arrangement carry on beyond the initial term all click charges will be invoiced at the then applicable rates for both color and mono separately.
19.A Minimum Charge Per Month as listed on the first page of this document or as advised via email for SMA’s entered into prior to 1st March 2024 will apply to maintain the device under the Service Plan, which will include Print and Click Charges up to the value of this minimum charge every month and any additional prints or clicks in that month will then be invoiced as per the current copy or click rate.
20.Devices on SMA out of service guarantee period of 5 years or any other term as stated on the initial quote and or the front of the SMA will have the option if and only the device is still supported for continuing with the SMA at a new minimum charge per month as determined at the time depending on the make and model of the device which will provide coverage up to the Value of the determined amount as per the current copy rates every month.
21.For Devices on Print Managed services or Print/Click inclusive leases/contracts Minimum Charges as stated on the front of this document or initial quote apply for prints/clicks in access of allowed Monthly Volume which includes Prints and clicks Charges up to the value of this minimum charge for that month.
22.There shall be added to the fee for this agreement, any tax (GST) now or hereafter imposed on, or in connection with the sale or delivery or furnishing of such services or materials described herein.
23.Costs incurred in providing consumables by way of post or courier companies will be payable by the customer.
24.Copier World Pty Ltd shall be entitled, if payment is not made promptly within 7 days of issue of invoice, without notice and without prejudice to any other right which Copier World Pty Ltd may have, to summarily suspend the supply of service, repairs or delivery of consumables to the customer until all outstanding amounts due have been paid.
25.In the event of proceeding with legal action against the customer, the customer shall be liable for all legal costs inclusive of collection commission, tracing fees, Copier World Pty Ltd.’s administration costs at the rate of a minimum of $290.00 ex gst for the first hour or Part off and a subsequent Charge of $120.00 ex gst per hour or Part off for additional time and all disbursements including listing with credit agency.
26.Copier World Pty Ltd will immediately Cancel the SMA and cease to provide any service or support to the said equipment under the terms of this SMA on notification of the Customer being put under any type of Bankruptcy, insolvency or administration.
27.Copier World Pty Ltd shall in no way be liable for any loss or consequential loss of any kind resulting from the performance or lack of performance of the equipment or from any other cause whatsoever in connection with this agreement with the exception of the equipment itself under the service and replacement guarantee.
28.Copier World Pty Ltd’s responsibility ceases if the equipment is repaired or adjusted by any person other than a representative authorized by Copier World Pty Ltd, or should supplies and accessories other than those approved by Copier World Pty Ltd is used.
29.Should the equipment be leased from a third party equipment leasing provider introduced by Copier World then It is agreed that on termination or cancellation of the lease. Copier World or its agents can only Remove, decommission and return the leased equipment to its owner and all associated costs in relation to the return of equipment will then be due and payable to Copier World Pty Ltd.
30.The customer agrees that he may not cede any of this rights or obligations under this agreement to another without prior written consent by Copier World Pty Ltd. It is specifically agreed that Copier World Pty Ltd may cede its rights under this agreement without further consent by the customer
31.Delivery and Install Charges for new installs and relocations cover Hardware only, network connection or IT services is separate unless agreed prior.
32.Network related issues for print functions, Scan functions including Scan to email, and any other related ICT functions support is not covered under this SMA and is Chargeable at Copier Worlds Normal support rates.
33.Signatory acknowledges that Equipment and or services listed on page 1 of this document when accepted for Purchase, leasing or rental purposes cannot be cancelled once the listed equipment has been ordered from the supplier and that full retail price of any or all such equipment or services will be due and payable immediately on invoice.
34.Please Refer to our website www.copierworld.com.au for all terms and conditions of Sales, Service and Support provided by Copier World Pty Ltd.
35.This agreement constitutes the entire agreement between the customer and Copier World Pty Ltd, and no warranty, or statements not contained in this agreement shall be binding on Copier World Pty Ltd.
36.This agreement & terms and Conditions supersedes all prior SMA terms and conditions and is effective immediately upon receipt by the customer either by post, email or any other means if communication.
37.This agreement forms the entire and complete agreement between the parties and is subject to acceptance by Copier World. Both the legal and equitable title in and to the Equipment will remain with Copier World until Copier World has received payment of the full purchase price together with any GST and interest payable. Where payment is to be made by installments the property in respect of all the equipment supplied under the contract shall not pass to the Customer until such time as all installment payment together with any amounts due with respect of GST and interest have been made. Until payment in full has been made the Customer shall hold the Equipment in a fiduciary capacity for Copier World separate from any other assets and clearly marked as Copier World’s property and Copier World shall be entitled to require the Customer to deliver the Equipment or any of it on demand. If the Customer fails to deliver the Equipment Copier World shall be entitled to enter the Customer’s premises for the purpose of collecting and to collect the Equipment or any of it and shall have the right to dismantle any machinery, product item or equipment into which the Equipment or any part of it has been incorporated and the Customer shall be responsible for all Copier World’s costs and expenses in connection with so doing. Furthermore, where the Customer defaults in its obligations Copier World shall have the right by its employees, servant or agent, to enter without notice upon the Customer’s premises, or any premises in occupation by the Customer, or any other place where the Copier World product may be and remove the property of Copier World and such entry shall not give rise to any action of trespass or similar action on the part of the Customer against Copier World, its employees servants or agents.
Copier World Pty Ltd T/A Rowe Australia
Unit 18, 1 Cowpasture Place ,Wetherill Park ,NSW ,2164 ,Australia
POBOX 55 ,HORSLEY PARK NSW 2175
e- mail: service@copierworld.com.au
