Castle Caretech Pty Ltd (ABN 52 668 550 169) Terms and Conditions of Sale and Business
The following terms and conditions apply where Castle Caretech Pty Ltd supplies goods or services to a customer.
1. Interpretation
“Alarm Monitoring Centre” means a continuously manned remote centre to which alarm activations and / or video data are signalled and passed to the relevant response authority (eg Keyholders, Police) “Company” means Castle Caretech Pty Ltd (ABN 52 668 550 169) “Customer” means the person, or organisation being a signatory to this Contract, sometimes referred to as “you” or “your” in these Terms and Conditions. “Corrective Maintenance” means the investigation and repair of faults reported by the Customer, including false alarms from intruder alarm systems. “Preventative Maintenance” means the annual inspection of the Installation to verify that it continues to function in accordance with its Specification and to identify and rectify any items found faulty, worn or in need of scheduled replacement. “Quotation” means the proposed price for the equipment, its installation and / or maintenance and monitoring as itemised in this Contract. “Warranty Period” means twelve months from the date of installation of the Security System. “Normal Working Hours” means 8.00 am to 5.00 pm, Monday to Friday inclusive, provided it is not a public holiday; “Premises” means the installation address listed overleaf or (as case may be) any other premises in which for the time being the Security Systems is installed with the consent of the Company; “The Installation” is the installed system defined in the specifications; “Firmware” Any Communication Equipment forming part of the Security System which is not sold to the Customer, such as AlarmIP M2M, DIGI-LAN, DIGI-GPRS Module “Security System” means the installation, service of goods specified overleaf or on the annexed specification list (including any instalment of the Security System or any parts for it) which the Company is to supply in accordance with these Conditions; “Specification” means the design specification which defines the level of protection, surveillance or access afforded by the security installation as specified in this contract. “Handover Date” means the date on which the Installation is completed (notwithstanding that connection of any remote signalling is outstanding) and the Commissioning Certificate has been signed. “Writing” includes posted letters, telex, cable, fax transmission, emails and comparable means of communication;
2. General
Acceptance of this Contract, signified by the signature of each party, creates a valid contract and includes acceptance of all these Terms and Conditions along with any other requirements defined in the Specification. For the purposes of interpretation, where the requirements of the Specification conflict with any clauses of these Terms and Conditions, The Specification requirements shall take precedence. All other terms and conditions not contained in or implied by the Contract are excluded. Nothing in these Terms and Conditions, either stated or implied, shall detract from the Customer’s statutory rights.
3. Cost
i) The costs may be revised if: a) you want the work carried out outside of normal working hours, or b) you want the work carried out more urgently than agreed, or c) you change the Specification, or d) your Premises are in some way unsuitable for the equipment and this was not apparent from our original survey or there are circumstances about which we should have been made aware, or e) there are any other special circumstances we were not aware of when supplying our original Quotation. ii) If you are late in paying us, we may charge you interest at the rate of 6.5 per cent per annum above ANZ Bank Ltd. base rate from the due date until the date we receive payment. You agree to take reasonable care of the Equipment on our behalf until you have paid for it. iii) Demand for, or recovery of the Installation by the Company shall not in itself discharge either the Customer’s liability to pay the whole of the price and take delivery of the Installation, or the Company’s right to sue for the whole of the price. iv) If our labour or maintenance costs increase after twelve months, we may give you two month’s notice(see Clause 10) of any increase in our annual maintenance charges. v) Installation work is carried out during normal working hours of 8.00am to 5.00pm Monday to Friday except statutory holidays. Requests made by the Customer to install outside these hours may incur additional charges. See 3(i) above. vi) Unless otherwise agreed in writing, the Quotation does not include additional work such as redecoration, carpet laying or building work (which includes but is not limited to patching plaster, repainting brickwork etc), although we will take all reasonable care of your Premises. Additional charges may be made if our engineers are not provided with access to doors, shutters, windows or any other areas where cables and equipment needs to be installed. vii) Any communication equipment forming part of the Installation which is not sold to the Customer, such as signalling equipment (AlarmIP M2M, DIGI-LAN, DIGI-GPRS) or firmware, shall remain the property of the Company and will be maintained and / or replaced, subject to this contract, at the Company’s expense unless such failure was attributed to any of the causes given in 7 (ii). Any equipment which remains the property of the Company shall be defined in the system Specification. We reserve the right to recover such equipment on termination of the contract. viii) Subject to any special terms agreed in writing between the Customer and the Company, the Company shall be entitled to invoice the Customer for the full price of the Installation on or at any time after delivery or installation of the Installation, unless the Installation is to be collected by the Customer or the Customer wrongfully fails to take delivery of the Installation or wrongfully refuses installation of the Installation. In this event, the Company shall be entitled to invoice the Customer for the full price at any time after the Company has notified the Customer that the Installation is ready for collection or the Company has tendered delivery of the Installation or at such time as the Customer has wrongfully refused installation of the Installation. ix) Any typographical, clerical, or other error or omission in any sales literature, quotation, price list, acceptance offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company. x) All telephone line installations, internet connections or rental and call charges are the responsibility of the Customer.
4. Company’s Obligations
i) We agree to complete the installation and hand it over in good working order conforming to the Installation Standard declared in the Specification. We will always seek your agreement should
changes to the Specification be required during installation. Any changes required may incur additional charges to be paid (see clause 3(i)). ii) When we commission the Installation, we will train you in its operation (to normal industry standards). When you are satisfied with the Installation, we will give you an Acceptance & Commissioning Certificate which must be signed or the Company has the right to remove the Installation from your premises. iii) We agree that, if any of the equipment or our workmanship is faulty in the first twelve months, it will be repaired or replaced at our expense, including call-out, provided you don’t try to fix it (see clause 5(ii) and 7(ii) ) , and you let us know as soon as the fault occurs. If the Installation is outside of the warranty period but subject to Maintenance Contract, the Customer will be charged a callout fee, and labour charges and spare parts where applicable. iv) The annual maintenance and remote monitoring facilities commence upon completion and handover of the Installation and continues from year to year upon payment of charges presented until cancelled in writing giving no less than two months notice.
5. Customers Obligations
i) You agree to give us and our workers full access to your Premises to survey, measure, install, test and service the equipment. You also agree to provide an adequate electricity supply for the equipment to operate correctly. If our work is interrupted or delayed because of a problem with access, or the electricity supply is inadequate, we may make an extra charge. We are not liable if completion is delayed due to the unavailability of signalling transmission facilities or other circumstances beyond our control. Without limit, the following shall be regarded as causes beyond the Company’s reasonable control: a) Act of God, explosion, tempest, fire or accident b) War or threat of war, sabotage or civil disturbance c) acts, restrictions, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority d) Import or export regulations or embargos of the Company or of a third party) e) Strikes, lock-outs or any other industrial actions or trade disputes (whether involving employees of the Company or of a third party) f) Difficulties in obtaining firmware, components, labour, fuel, parts or machinery g) Power failure or breakdown in machinery ii) You must not interfere with, or allow anyone else to interfere with, adjust, service or attempt to repair or reset the equipment at any time. You will need to let us know in advance if any third party intends to carry out work on the telephone lines within your Premises, as this may affect your equipment’s effectiveness.(eg. Connection of broadband internet) iii) If you cancel our Contract less than 72 hours before installation, we may charge you for any equipment we have bought for your Premises and make a reasonable charge for damages for breach of contract. iv) You agree to notify us of any change in the layout of your Premises, as this may affect the effectiveness of the equipment to detect movement or intrusion. v) You agree to permit the Company’s staff access to the Installation for the purposes of maintenance or inspection. vi) If the equipment is connected to an Alarm Monitoring Centre, it is your responsibility to make sure that the telephone line or internet connection is working properly and the account correctly maintained.
6. Maintenance, Service and Monitoring
i) In return for payment of the maintenance charge, the Company will maintain the installation in accordance with the Installation Standard and respond to your emergency calls for assistance. ii) If we have to attend the Premises, or repair the equipment between routine maintenance visits, we will make a charge at our usual rates unless the work is covered by clause 4(iii). iii) The annual maintenance charge does not include charges for replacement parts or batteries, which will be charged in addition to the annual charge. Nor does it include performing service connected with relocation of the security system, or any part thereof, or providing, adding or removing accessories , attachments, consumable items or other devices. The annual charges do not include Specification changes. iv) Where the Installation is monitored by an Alarm Monitoring Centre it shall be a condition of such monitoring that an annual contract for routine maintenance exists between the Customer and the Company. Routine maintenance visits shall be undertaken by the Company as defined in the Installation Standard of this Contract.
7. Liability
The Company does not know, and shall not be deemed to know, the value of the Customer’s property or Premises and is not the insurer thereof. i) Time for provision of the services is not to be the essence of the Contract. Any date given in respect thereof by the Company is the best estimate that can be made and the Company shall not be liable for any loss or damage (whether direct or consequential which shall include loss of profit), whether negligently or otherwise, caused by provision being after the estimated date. In addition, where any delay is caused by factors outside the Company’s control the Company reserves the right to make an additional charge. See 5 (i) (a-g) ii) The Company shall not be liable for the costs of any work, repairs or replacement of equipment which results from fair wear and tear, fire, electrical power surge, storm, flood, accident, neglect, misuse, malicious damage or failure to follow the Company’s instructions (whether oral or in writing). iii) The Company has provided limited insurance cover for itself with indemnity for claims made against it in respect of accident, injury, loss or damage. A copy of the relevant insurance schedule is available to the Customer upon request. iv) Although the Installation is designed to detect or deter intrusion and reduce the risk of loss or damage, the Company does not represent or warrant that the Installation may not be neutralised, circumvented, ignored or otherwise rendered ineffective by unauthorized persons and in such an event the Company shall not be liable for any loss or damage suffered by the Customer or other unauthorised persons. The Company accepts no liabilities for claims falling outside the ambit of the indemnity referred to in clause 7(iii) above and the Customer is advised to arrange sufficient insurance cover in respect of claims arising due to injury, loss or damage howsoever caused. v) Like all electronic equipment, the system could fail in certain circumstances, and the Company cannot guarantee that it will be operational at any specific time or for any specific period. The Company will explain what regular test can be performed to verify that detection equipment is operational between routine maintenance visits carried out by the Company. vi) The Terms and Conditions given in this Contract do not affect your rights under the Fair Trading Act. vii) The Company shall be under no liability if there shall be any delay by Communication Company or other authorities in making connections for transmission of signals or if your communication Company or other authorities shall for any reason withdraw its service.
8. Termination
i) The Company may terminate this Contract should the Customer breach any of its conditions or if the Customer is in arrears for any payments due for a period in excess of 30 days. This will not prejudice the Company’s right to reclaim the payment outstanding. Such termination is effective on giving the Customer notice in accordance with Clause 10. ii) In the event that the maintenance contract is terminated, the Company shall forthwith be provided with access to recover any equipment and / or firmware which did not belong to the Customer but was rented from the Company. See (3.iv). iii) The Company reserves the right to remove logos, nameplates, motifs or any other Company identity from the equipment and / or premises. iv) Either the Customer or the Company can terminate the Contract by giving no less than two months’ written notice. If the Customer wishes to terminate the Contract with less than one months’ notice, the Company reserves the right to charge the next quarters costs of any monitoring charges if these have already been paid in advance by the Company on your behalf.
9.Force Majeure
Any failure by the Company to full fill any of its obligations under the terms of this Contract due to reasons beyond its control shall not be considered a breach of this Contract.
10. Applicable Law
This agreement shall be governed by and construed in accordance with the law in force in Western Australia and all disputes arising in connection with this agreement shall be submitted to the jurisdiction of the WA courts.
11. Notice
Any notice required to be given, shall be sent by prepaid mail addressed to the recipient, and shall be deemed to have been delivered on the second business day after the notice was posted.