FXBCSC Pty Ltd trading as Fuji Xerox Business Centre Sunshine Coast will be referred to hereafter as FXBCSC.
The Customer whose name and address appears on the first page of this document will be referred to hereafter as the Customer.
The Equipment as specified on the first page of this ducument and is the subject of these Terms and Conditions will be referred to hereafter as the Equipment.
Goods describes such items including but not limited to parts and consumables whether provided under the terms of this Agreement or charged for at time of order and/or delivery to the Customer.


FXBCSC agrees to provide the Customer, during FXBCSC’s normal business hours, with service and maintenance for the Equipment. This service will be available on the first business day following the date of signing this Agreement provided current meter readings are provided at installation, or by the Customer in the case of existing equipment.
The agreement, which constitutes the whole agreement between FXBCSC and the Customer, is not assignable or transferable and is subject to the following conditions:

    1. Where applicable, train the Customer’s representative/operator in the correct use of the equipment.
    2. Service the Equipment and provide any labour and replacement parts (if indicated in the “Inclusions” section overleaf) necessary to ensure normal working operation of the Equipment. Replacement spare parts will be of serviceable quality and may be new or reconditioned. Replaced components will become the property of FXBCSC.
    3. Where toner is included in the cost per copy (as indicated in the “Inclusions” section overleaf), FXBCSC shall be entitled to charge for toner use in excess of Fuji Xerox specifications as outlined in the appropriate model CED, which are based on average yields of A4 copies at standard coverage.
    4. Provide all mandatory retrofit modifications as introduced by the manufacturer (free of charge).
    5. Relocate the equipment at the Customer’s request at the then current relocation charge rates but only within FXBCSC’s area of operation.
    6. FXBCSC reserves the right to (i) increase meter charges at not less than six (6) monthly intervals, or when significant price increases are passed down by the manufacturer, and/or (ii) charge a minimum basic monthly charge on equipment. Notwithstanding the term of agreement, within sixty (60) days of any alteration of the charges the Customer may terminate the contract in accordance with Clause 5.1 if the altered charges are not accepted.
    7. FXBCSC reserves the right to charge any tax implemented by the Federal or State Government whether implemented on a capital or revenue basis including but without limiting those referred to as Goods and Services Tax.
    8. FORCE MAJEURE: FXBCSC shall be relieved from liability from this Agreement if and to the extent it shall be unable to carry out any or all of it’s obligations hereunder for any cause beyond its reasonable control, including but not limited to; unavoidable casualty, delays in delivery of materials, embargoes, government orders, acts of civil or military authorities, emergency conditions (including weather conditions) incompatible with safety or good quality workmanship, or any similar unforeseen event that renders performance commercially implausible.
    1. Replacement of those items considered as a “consumable” item including but not limited to paper, any throughput materials, staples and paper trays (unless specified overleaf).
    2. Electrical work or computer/software/interface work external to the Equipment.
    3. Repair of any malfunction or damage whatsoever caused by lightning, electrostatic discharge, electromagnetic interference, or power surges of any type.
    4. Any service or replacement made necessary by accident, negligence, wilful act, default or causes external to the Equipment.
    5. Calls for service made necessary by the failure of the operator to comply with instructions in the Operator Instruction Manual or any other request made by FXBCSC and it’s authorised personnel in the interests of maintaining machine reliability and serviceability.
    6. The labour and pro-rata costs of spare parts where these costs are attributed to the use of non-approved throughput materials or consumables.
    7. Training of operators in addition to that provided free of charge with initial installation.
    8. Relocation and collection of Equipment.
    9. Water damage.
    1. Where applicable, the Customer will supply correct meter readings (as agreed) to FXBCSC no later than the 25th day each of calendar month. In the event the Customer fails to provide such readings, FXBCSC reserves the right to use system generated estimates or recent service call meter readings and bill accordingly; such billing requires full payment as to avoid cancellation as per Clause 5. Any over/ under estimations will be corrected in the next invoicing where a true and accurate meter reading is provided by the Customer or obtained by a service technician during a service call. Continuous non-reporting of meter reads may be considered in breach of the Agreement and therefore applicable to cancellation as per Clause 5.
    2. Shall operate the equipment and use it in accordance with the manufacturer’s and/or FXBCSC’s instructions.
    3. Shall accept liability for costs arising from items included in Clause 2.
    4. Shall recognise FXBCSC’s liability in respect of the supply of the services hereunder shall be limited to resupplying service or the cost of resupplying the service.
    5. Shall pay FXBCSC for all charges incurred in relation to this Agreement in full without any deductions or withholding whatsoever on any account within the Trading Terms noted on the invoice and in addition any fees and charges relating to collection of monies owed and/or owing, including but not limited to collection fees, dishonour fees and legal fees.
    6. Failure to pay any or all amounts within the Trading Terms on the invoice will constitute fundamental breach of the Agreement by the Customer entitling FXBCSC to terminate this Agreement.
    7. Shall recognise that property in the goods supplied remains with FXBCSC until all monies owed and/or owing are paid in full to FXBCSC.
    8. Shall, in the case of Equipment owned by FXBCSC or it’s financier:
      1. not dispose of, allow any lien to be created over, or encumber the Equipment and/or goods in any way
      2. make any representations which lead or could lead to confusion arising in relation to FXBCSC or it’s financier’s title to the Equipment and/or goods
      3. ensure that the Equipment and/or goods are kept and maintained in good order and repair and do everything reasonable to prevent any damage or loss
      4. keep the Equipment and/or goods safe at all times against fire, accident, theft, and any other foreseeable risks and cover with a current Insurance Policy
      5. not make any alterations to or modify the Equipment and/or goods without prior written consent from FXBCSC
      6. not remove any identification features on the Equipment and/or goods
      7. notify immediately to FXBCSC of any loss or damage to the Equipment and/ or goods
    9. The Customer must maintain a current insurance policy for the equipment or include the equipment and software as part of the customer’s existing insurance policy for the full replacement value, noting the interests of FXBCSC and/or the Financier (whichever is the owner of the goods) and provide a copy of the certificate of insurance upon request to FXBCSC.
    10. The Customer warrants that the equipment and software are compatible and will continue to be compatible with the Customer’s network, notwithstanding any changes which may be made to the network in future.
    11. The Customer indemnifies and keeps indemnified FXBCSC for any damage or injury or liability whatsoever resulting from the installation, service and maintenance of the equipment, except in the case of negligence by FXBCSC.
  4. TERM
    1. The term of this Agreement shall be for an initial period of 60 months from the date as signed by the Customer and as accepted by FXBCSC followed by automatic renewal (unless a variation is specified or termination takes place as per Clause 5).
    1. Cancellation of the Agreement shall be by way of 30 days notice in writing by either party to the other.
    2. FXBCSC reserves the right to terminate this Agreement forthwith if the Customer is in breach of any of their obligations hereunder and such breach remains un-remedied for 14 days following notice by FXBCSC specifying breach.
    3. FXBCSC also reserves the right to terminate this Agreement forthwith in the event that the Equipment is considered “End of Life” by the manufacturer indicating access to replacement parts would no longer be available and/or in the opinion of FXBCSC the Equipment has become too expensive to maintain and/or is obsolete.
    1. FXBCSC employs the use of third party software for automating meter reads, status and service alerts on printers, copiers and MFP’s. This eliminates expensive and time consuming interruptions to both the Customer and FXBCSC while increasing the accuracy and timely delivery of information and may also eliminate any possible breach of this Agreement by the Customer under Clause
      3.1. Enterprise level installations are supported with the ability to audit thousands of networked devices within minutes. Applications are usually installed on a server or main workstation connected to the network. This allows the application to perform an audit on a pre-scheduled date/time, retrieve the information and send it to a central server. Please be aware that the software installed on the Customer’s server or networked workstation will be configured to send information to a central server and as such the access to this software is limited to guest access by the end user.
    2. If Preferred Meter Reading Method overleaf is selected as “Auto”, the Customer authorises FXBCSC to install such software on to their preferred server or networked workstation. The Customer acknowledges no ownership of such software is offered and the software remains the property of FXBCSC and also accepts all liability for installation on their system agreeing that FXBCSC have provided all information in relation to system requirements, space, etc.
    3. The Customer agrees to keep the server or networked workstation on which the software is installed powered on and connected to the Equipment via the Customer’s network at all times, except during network outages and routine network maintenance and not to disable, disassemble, reverse engineer or otherwise interfere with the operation of the software.
    4. FXBCSC accepts no liability for any damage or loss associated with third party software.