REPAIR TERMS & CONDITIONS

By utilising Cyclone Computers or its warranty and servicing partners, you confirm that you accept the following Repair Terms & Conditions.

Our Services

  1. We will provide repair, upgrade and fault resolution as may be required for your Service Request, in relation to your Equipment (whether as a Warranty Claim or outside of warranty).
  2. We usually perform our services at our premises, with it being your responsibility to deliver and collect your equipment from us. However, we may agree to perform our Services at your site, in which case we may charge travel costs in addition to our quoted charge rate or Standard Hourly rate as the case may be. If you request us to freight your equipment to or from you then this will be done solely at your risk, with additional charges from us for the cost of freight.
  3. We perform our services during our normal business hours being 8.30am to 5pm, Monday to Friday (excluding public holidays). If you require urgent ‘out of hours’ services, then we will charge you at a higher rate than our Standard Hourly Rate. A quote to deliver afterhours service will be provided to you in either written or verbal form which you must accept prior to services being provided.
  4. There are some exclusions to what a manufacturer’s warranty will cover, which include, but are not limited to, liquid damage, force damage, damage due to misuse, wear and tear, user inflicted damage, infestation, mould or mildew.
  5. Although we will use all reasonable endeavours to provide you with your desired outcome to our services, at times a number of potential issues relating to your equipment (including make, type, any prior damage, the software installed, malware etc.) we may be unable to guarantee that we will be able to provide any particular service outcome.
  6. You warrant that you have all the necessary rights and third party consents as required enabling us to perform your Service Request.
  7. Insurance Claims excess will be handled by the provider responsible for collection or return of device directly to the customer.

Third-Party Service Providers

  1. We will coordinate repairs and service work on your equipment as required based on your service request. In the course of facilitating our services, Cyclone may utilise the services of third party service organisations referred to as Third-Party Service Provider.

Parts and Accessories

  1. Subject to clause ‘Charges and Payment – 1.’ In this document, any parts or accessories supplied to you as part of our services will be charged to you in addition to our hourly service charge and any other charges (unless a quote from us or our third-party providers expressly includes such additional charges). Title to such hardware items will pass to you upon our receipt of payment in full. Service parts or products are new or equivalent to new in performance and reliability.

Charges and Payment

  1. Where you are a commercial customer that has a credit term account and you have completed a credit account application, the terms and conditions in that application will apply.
  2. Cyclone will only manage claims or warranties for products purchased through Cyclone. For any non-warranty work an administration or inspection fee is charged as identified in the Service Charges section of this document.
  3. Any additional work carried out by Cyclone or its Third-Party Service Provider providers is charged at standard rates as identified in the Service Charges section of this document.
  4. If your Service Request constitutes a Warranty Claim, then any obligation stated in these terms for you to pay charges to us will not apply if and to the extent that our charges are covered and paid for under your Warranty Claim. If our charges are not paid by the relevant equipment manufacturer under a Warranty Claim, then you will be fully responsible for paying our charges (irrespective of your rights or otherwise against such manufacturer).
  5. In some case, Cyclone will coordinate service and will involve third party service providers. In these cases, Cyclone will charge you a handling fee over and above any fees charged by the third party service provider or any allowances that you may be eligible for under warranty or insurance terms. You will be informed of these charges at the time of booking or as soon as possible thereafter.
  6. Our charges to you will either be as we quote to you, or at our Standard Hourly rate, subject always to these terms and conditions. A minimum charge applies to all service jobs. That minimum charge will be as notified by us.
  7. Unless we have agreed in writing to extend your organisation credit, you must pay all our charges in full (cash, EFTPOS or a credit card approved by us) before you collect your Equipment from us. If we agree in writing to extend credit to you, then unless we agree otherwise in writing, you will pay all sums due on or before the 20th day of the month following the month in which our invoice is dated, without set-off, counterclaim or any deduction whatsoever. You must provide us with a valid purchase order document from your organisation before we commence our services.
  8. Your Equipment must be collected by you within 7 (seven) days after we notify you that it is ready for collection. If you do not pay our charges (whether under a cash or credit arrangement), we have the right to retain your equipment and sell it once 60 days expires after we first make notification of payment to you. You will be liable to pay our costs associated with the recovery of your debt (including our legal and other agency fees and charges). We will be entitled to deduct and retain all such sums from the proceeds of any sale of your Equipment under this clause. You will continue to be liable to us with regard to any shortfall following any such sale.
  9. A non-refundable assessment fee applies for all non-warranty and out of warranty cases. This includes any software issues; unless they are acknowledged in the manufacture’s terms and conditions of warranty, result of physical damage or if the reported fault is unable to be reliably replicated.

Your Equipment and Data

  1. We will endeavour to take all reasonable care of your equipment. However, your equipment is supplied to us at your risk. You must make sure that your Equipment is fully insured at all times.
  2. When replacing a product as part of our service, Cyclone or our Third-Party Service Provider providers will attempt to erase any customer data from your equipment before sending it to the vendor for processing to eliminate the risk that such data may be subject to unauthorised access.
  3. If your equipment is locked or password protected then removal of the password or assigning a temporary password must be given to enable Cyclone or its Third-Party Service Provider providers the ability to access the device to facilitate repairs. Failure to provide sufficient access may result in the device being returned.
  4. If we need to send your equipment to the manufacturer or another third party for any reason, you accept that we cannot be held responsible for the security or confidentiality of the data on your Equipment (including any personal information). We recommend that you remove any data which is particularly personal or sensitive prior to providing your equipment to us.
  5. You consent, and warrant that you have all third party consents, regarding the provision of all personal information to us. In the context of a Warranty Claim or other service, we may need to provide your personal information to the relevant manufacturer for verification purposes. You consent to such disclosure.

Data Privacy and Security

  1. Cyclone respects all customer data and handles it in accordance with our Privacy policy which can be found here. Special care is taken to ensure that customer data is not disclosed to any third party, and therefore any refurbished media that contains customer data is completely removed or erased prior to redistribution.
  2. You must ensure that all software and data which is on your equipment is backed up by you prior to providing to us. We will not be held responsible for any loss of data from your equipment for any reason.
  3. Cyclone assumes that you have full legal title to use any software that is on any computer system and we may require you to provide the original media and licence information if relevant. It is the customers responsibility to ensure that all software that you purchase or obtain from other sources is both legally obtained and virus free. We will not be held responsible for software piracy or licensing & security violations on your devices or systems.

Liability

  1. Subject to clause ‘Information Disclosure’ below, we will not be liable to you for any amount which exceeds the total charges which you have paid to us in the 12 month period immediately preceding any claim from you, provided that in no case will we be liable for any indirect or consequential loss, including without limitation, any loss of revenue, loss of profits, or loss of data.
  2. All warranties and indemnities, and all potential liability which may be attributable to us, which is contained in any legislation, regulation or other law, is excluded from this agreement to the fullest extent permitted by law, including in particular the provisions of the Sale of Goods Act 1908 as amended, and the provisions of the Consumer Guarantees Act 1993 provided you are purchasing our services for business purposes. Nothing on this agreement is intended in any way to limit and legal rights and remedies which you may have which we are not permitted by law to exclude or restrict.

Consumer Guarantees Act

  1. Where the goods are acquired for personal, domestic or household use or consumption in accordance with the Consumer Guarantees Act 1993, the Consumer Guarantees Act applies.
  2. If the customer has acquired the goods for the purposes of a business, then all of the guarantees and remedies in the Consumer Guarantees Act 1993 are excluded.
  3. You can find more information about your rights under the Consumer Guarantees Act at the Ministry of Business, Innovation & Employment’s website: consumerprotection.govt.nz/general-help/consumer-laws/consumer-guarantees-act and the Commerce Commission’s website: www.comcom.govt.nz/consumers/your-rights-as-a-consumer
  4. If a Customer supplies the goods in trade to a person acquiring them for business purposes, it must be a term of the Customer’s contract that the Consumer Guarantees Act 1993 does not apply in respect of the goods and the customer must not give or make any undertaking assertion or representation in relation to the goods, and the Customer agrees to indemnify Cyclone against any liability or cost incurred by Cyclone under the Consumer Guarantees Act 1993 as a result of any breach by the Customer of these obligations.

Delivery/Shipping

  1. Cyclone utilises company-run delivery vehicles and courier services to provide pick-up and return delivery services.
  2. Insurance of goods in transit is the responsibility of the owner of the goods.

Information Disclosure

  1. The customer’s personal details may be used by Cyclone to review your experience and to gain feedback on our service.

Service Charges

Assessment Fee – A non-refundable assessment fee applies for all non-warranty and out of warranty cases. $95.00 per inspection
Standard Rate – Minimum charge. Charged per hour to fix all non-warranty or out-of-warranty issues. $90.00 p/hr
e-Pak Service – A courier label is emailed to you. Customer is responsible for packing the Laptop. $15.00 p/item
PlusPak Service – A box with return label is sent to the customer to pack the Laptop. $25.00 p/item
Desktop/iMac/Monitor – Courier Service POA