Terms & Conditions

Terms and Conditions – Computer Repair Services (Victoria, Australia)

  1. About Us
  • Business name: Orion International Trading as Tech Masters
  • ABN: 62 491 508 249
  • Registered address: 1 Strahan Court
  • Contact: Pravin Paul
  • Phone: 0455686185
  • Email: info@tchmasters.com.au
  • Jurisdiction: State of Victoria, Australia
  1. Definitions
  • “We/Us/Our”: the sole trader specified above.
  • “You/Your/Customer”: the person or entity engaging our services.
  • “Services”: diagnostics, repairs, upgrades, data recovery/transfer, software installation, configuration, and related IT services.
  • “Goods”: parts, accessories, hardware, and software we supply in connection with the Services.
  • “Device”: any computer, laptop, server, phone, tablet, storage media or peripheral provided to us for Services.
  1. Application of These Terms
  • These Terms apply to all quotes, bookings, assessments, Services and Goods supplied by us.
  • If we publish service‑specific terms or provide a written scope or quote, those apply in addition to these Terms. In case of inconsistency, the most recent written scope/quote prevails to the extent permitted by law.
  1. Australian Consumer Law (ACL) – Your Non‑Excludable Rights
  • Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: – to cancel your service contract with us; and – to a refund for the unused portion, or to compensation for its reduced value.
  • You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
  • Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights or remedies under the ACL.
  1. Quotes, Assessments and Approvals
  • Quotes are estimates only unless expressly stated as fixed‑price in writing. Hidden faults, corrosion/liquid damage, prior repairs, or parts availability may change price/timeframes.
  • Assessment/diagnostic fees are payable if you decline to proceed.
  • We will seek your approval before proceeding where the total cost is reasonably expected to exceed the approved amount.
  1. Booking, Turnaround and Parts Availability
  • Turnaround is indicative and not guaranteed; delays may occur due to diagnostics complexity, supply constraints, or third‑party issues.
  • Special‑order parts require prepayment and may be non‑returnable.
  1. Payment Terms
  • Unless otherwise agreed in writing, payment is due on completion and prior to release of the Device.
  • We accept [payment methods]. For onsite/urgent after‑hours work, call‑out or priority surcharges may apply.
  • If invoices are unpaid after the due date, we may charge reasonable late fees and interest at the maximum rate permitted by Victorian law, plus recovery costs.
  1. Title and Risk in Goods
  • Title to Goods passes on full payment. Risk in Goods passes on delivery to you or collection of the Device.
  1. Collection, Storage and Disposal of Uncollected Goods
  • You must collect your Device within 30 days of notification of completion. Storage fees may apply after 14 days.
  • If the Device remains uncollected despite reasonable attempts to contact you, we may treat it as uncollected goods and dispose of it in accordance with applicable Victorian laws after any required notices, and apply proceeds (if any) to outstanding amounts, returning any surplus to you.
  1. Data, Backups and Privacy
  • You are solely responsible for maintaining current, verified backups of all data on the Device before providing it to us. Repairs and diagnostics can result in data loss, corruption, or configuration changes.
  • We take reasonable care but do not guarantee data preservation. To the maximum extent permitted by law, we are not responsible for data loss or recovery costs unless required by the ACL.
  • We handle personal information in accordance with our Privacy Policy and applicable privacy laws. We may need to access limited data solely for Service delivery and testing. Please remove or disclose any sensitive data or provide restricted accounts where appropriate.
  1. Mandatory Repair Notices (ACL)
  • Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.

Repairs to products capable of retaining user‑generated data may result in the loss of data.

  • We provide the above repair notice in writing before accepting the Device, as required.
  1. Parts, Refurbished Goods, and Third‑Party Warranties
  • We may use new, equivalent‑to‑new, or refurbished parts as appropriate and consistent with your approval and these Terms.
  • Manufacturer warranties on parts (if any) are in addition to your ACL rights. Conditions may apply per the manufacturer’s terms.
  1. Software Licensing and Compliance
  • You must hold valid licences for all software we install/configure at your request. We may refuse to install unlicensed software.
  • We do not provide legal advice regarding licence scope or compliance.
  1. Warranty Against Defects (Our Voluntary Service Warranty)
  • We provide a voluntary workmanship warranty on Services for [e.g., 90 days] from completion, covering defects in our workmanship only. This does not cover faults caused by misuse, further liquid/spill events, impact damage, malware, operating system or third‑party software issues, environmental/power issues, or pre‑existing or unrelated faults.
  • Claim process: notify us within the warranty period, provide proof of purchase, and present the Device for inspection. We will assess and, if covered, re‑perform the Services. You bear transport costs unless required by the ACL.
  • This voluntary warranty is in addition to your rights under the ACL and is not a warranty for parts or manufacturer products unless expressly stated.
  • Mandatory ACL services wording: “Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.”
  1. Limitation of Liability (subject to the ACL)
  • To the maximum extent permitted by law, and except for liability that cannot be excluded under the ACL, our liability for any failure to comply with a statutory guarantee is limited to, at our option: – for Goods: repair or replacement of the Goods, or payment of the cost of repair or replacement; and – for Services: supplying the Services again, or payment of the cost of having the Services supplied again.
  • We do not exclude liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded by law.
  • Subject to the ACL, we are not liable for: – indirect, incidental, special or consequential loss; – loss of data, loss of revenue, loss of profits, loss of business, or loss of opportunity; or – incompatibilities or issues arising from third‑party software/firmware updates or manufacturer policies.
  • You acknowledge inherent risks in data recovery, liquid damage, micro‑soldering and firmware‑level work. Success is not guaranteed.
  1. Data Recovery and Liquid/Physical Damage Disclaimers
  • Data recovery is a best‑efforts service with no guarantee of success or completeness; recovered files may be corrupted or partially readable only.
  • Diagnostic procedures for liquid/impact damage may require cleaning and component replacement and can lead to further failures due to pre‑existing corrosion or latent defects. You authorise us to conduct reasonable diagnostics which may involve opening the Device and breaking tamper labels.
  1. Customer Responsibilities
  • Provide accurate information about faults, prior repairs, passwords/credentials required for testing, and any encryption or security features.
  • Remove SIMs and memory cards where appropriate and disclose if device tracking/MDM or encryption is active.
  • Collect Devices promptly and pay all charges when due.
  • Ensure you have proper authority to request the Services for the Device.
  1. Onsite Services and Access
  • You must provide safe access, working power, and network credentials where necessary. Parking/permit fees may be added to the invoice at cost.
  • We may refuse work where conditions are unsafe or unsuitable.
  1. Force Majeure
  • We are not liable for delays or failure to perform due to events beyond our reasonable control, including supply chain disruptions, epidemics, extreme weather, or utility failures.
  1. Cancellations
  • You may cancel before we commence work; assessment fees and any non‑returnable parts or costs incurred will be payable.
  • If you cancel after work has commenced, you must pay for work done and parts ordered to the date of cancellation, subject to your ACL rights.
  1. Returns and Refunds
  • We will comply with the ACL regarding remedies for failures with Goods or Services, considering whether the failure is major or minor.

Where a minor failure occurs with a Service, you must allow us a reasonable opportunity to remedy it.

  1. Complaints and Dispute Resolution
  • Please contact us first to resolve any issue. If unresolved, you may seek assistance from Consumer Affairs Victoria or the ACCC, or pursue your rights in the Victorian Civil and Administrative Tribunal (VCAT) or a court of competent jurisdiction, as applicable.
  1. Third‑Party Services and Dependencies
  • We may engage reputable third‑party suppliers or labs for specialist work (e.g., advanced data recovery). We are not responsible for third‑party turnaround times and terms, but will pass through warranties/guarantees where permitted in addition to your ACL rights.
  1. Variation of Terms
  • We may update these Terms from time to time. The version in effect at the time of your booking/acceptance applies.
  1. Governing Law and Jurisdiction
  • These Terms are governed by the laws of Victoria, Australia. The parties submit to the non‑exclusive jurisdiction of the courts and tribunals of Victoria.
  1. Notices
  • We may provide notices electronically to your nominated email or by SMS to your nominated mobile. You agree that such notices are received when sent, unless bounce‑back is received.
  1. Severability
  • If any provision is invalid or unenforceable, it will be read down or severed to the extent necessary without affecting the remaining provisions.
  1. Entire Agreement
  • These Terms, together with any written quote, scope, or job sheet, constitute the entire agreement for the Services, subject to your non‑excludable rights under the ACL.

Prominent Mandatory Notices to Include in Your Intake/Job Sheet

  • Data notice (before accepting for repair): “The repair of goods capable of retaining user‑generated data may result in loss of data.”

Refurbished goods/parts notice (if applicable): “Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.” Statement identifying the notice is given under the Australian Consumer Law, provided in writing before acceptance for repair and clearly set apart.

Practical Compliance Pointers

  • Provide the repair notice in writing before accepting devices; do not rely solely on signage or web pages.

Keep signed acknowledgments of the repair notice and data‑loss warning.

If you offer any voluntary warranty, include the exact ACL “warranty against defects” text for services (and for goods where applicable), plus all Regulation 90 details. Ensure your site and job forms do not contain prohibited phrases like “no refunds” that could mislead about ACL rights.