TERMS AND CONDITIONS
These general agreed terms apply to all transactions between us. Other documents relating to our transactions will include any specific terms and conditions. For your protection, you should be aware of these general agreed terms prior to us performing our services.
Acceptance of goods and Risk
Acceptance of the goods and services must take place immediately following installation and completion of our works and is established if you signify by words or conduct that the goods and services are conforming or that you retain them in spite of their nonconformity or deal with them in a way inconsistent with our ownership. You may reject them on good grounds after a reasonable opportunity to inspect them and the works. The rejection must immediately be communicated to us in writing with full particulars of the nonconformity. On acceptance of your claim, if payment arrangements are in place then they must be honoured. If payment has been made, then it will either be refunded by us or credited towards payment of replacement goods or services for the nonconforming goods or services.
Unless otherwise agreed, risk passes to you at the cut of the key or install of the product. You assume all responsibility for filing claims for damage against the carriers and other agents.
Price and Payment
Price means our fixed and published price from time to time or the amount agreed between us or the amount established by a course of dealing between us. The price unless otherwise agreed does not include installation costs or additional costs that we may be required to pay on your behalf. All prices are subject to change without notice.
Payment is required strictly in accordance with the date nominated on the invoice as the due date.
If you must make a payment or do any other thing on or by a day that is not a business day you must make the payment or do the thing on or by the next business day.
By accepting payment of any sum after its due date, we do not waive our right either to require payments as they fall due or to suspend or end our arrangements. Acceptance of late sums does not create a new arrangement or trading agreement with you.
Title in the goods does not pass to you until we have received payment in full. We reserve our rights to register any security to enforce our title.
Your warranties to us
You represent and warrant to us that all information and representations that you, or any person acting on your behalf has given in connection with our transactions are true and correct and that you have not failed to disclose to us anything relevant to our decision to have dealings with you and that no court proceedings or dispute is current that may have an adverse effect on performing your obligations under this agreement.
You warrant that you are legally entitled and empowered to seek entry to the property or vehicle and state that the action of entry is in no way deceitful or fraudulent or criminal. You warrant that the entry does not infringe upon the rights of any other person or the property’s security and such action does not in any way break the law.
You personally accept full and total responsibility for any liability and damages arising as a result of our entry. You agree to make no claim against us and indemnify us for any future claims without prejudice or reservation.
Warranty and Risk
We will treat your property with care and respect and invite you to bring to our attention any questions or concerns that you may have prior to us carrying out our works. We endeavour to cut replacement keys that will work with your lock.
When keys are worn or cut from copies of the original keys, the newly cut key may not work to the standard that is required. Accordingly, we are not responsible for any faults or issues that arise from the use of the newly cut key. Further, we will not be liable for voiding any warranty restrictions as a result of bypassing the security of your vehicle or property, or causing minor damage, providing that damage is negligible or the result of pre-existing wear, rust or aging of your property.
Some products sold by us are quite specialised and must be fitted by a qualified professional engaged by us. Failure to comply with instruction by us or using unqualified staff may lead to injury or even death, of which we will also not be responsible for.
Warranties supplied by the manufacturer vary from one supplier to another. These warranties can be found on the supplier’s website or the packaging.
Warranties are void if the products are used for another purpose of which they were designed for. We are not responsible for your failure to follow warranty terms.
Any advice provided by us for provision of our services, is purely our opinion only for your consideration. We recommend that you consult any manufacturers of your vehicle or other locks to ensure that our recommendations are suitable for your needs and individual circumstance. We provide no warranties in this regard.
Enforcement of our Rights
To protect our security interest in the goods until payment, we may choose to register the agreement between us under the Personal Properties Securities Act 2009. You agree to do all things necessary to facilitate such registration.
On default in payment, you irrevocably permit us or any person authorised by us in writing upon reasonable notice to enter your premises or the premises where the goods are reasonably believed by us to be held on your behalf. You also agree to indemnify and hold us harmless for all reasonable costs and expenses of recovery of the goods and losses if any on their resale.
You irrevocably nominate us, and appoint us and/or our officers and/or our nominees severally, to be the trustee and lawful attorneys of you, on behalf of you and in your name, to do all things necessary and sign all such documents as may be necessary to deal with the goods in accordance with the enforcement provisions of these Terms of Trade.
You agree to sign documents or do all things necessary to perfect our rights under the agreement and appoint us as your attorney to sign any document or do anything that may reasonably be required to enforce our rights on default.
If you engage our services and you are a company, any director of the company is automatically a guarantor under our terms.
You and any guarantor will be in default if you do not pay us when monies are due for payment or fail to comply with any other obligation under our business arrangements.
If you are in default under our agreement we may send you a default notice. The notice will tell you what the default is and what you are required to do to correct the default. You will have 7 business days to rectify the default.
If you do not comply with the default notice, you become immediately liable to pay us all monies owing with interest on that amount from the due date until payment at the rate of 15% per annum. In these circumstances, the title to the goods do not pass to you until we have been paid, we may register a charge and/or repossess and sell the goods and apply the proceeds of the sale towards repayment of the monies owed under the agreement and/or sue you for damages.
You also agree to pay on default all costs and expenses incurred in exercising our rights of recovery from you and the guarantor if any and indemnify us against any losses resulting from the default.
When a dispute arises between us you agree to comply with our dispute resolution process. To this end a party with a complaint against the other is first required to notify the other of the dispute by giving written notice specifying the nature of the dispute, the outcome required and the action believed necessary under the circumstances that will assist both in settling the dispute.
Each party will then in good faith attempt to resolve the dispute by negotiation, and if the dispute in some aspect involves payment of monies, the party withholding payment is required immediately upon receipt of the notice to deposit the disputed amount into an escrow account with instructions pertaining to the release of funds. Undisputed amounts must be paid forthwith.
All guarantors shall be jointly and severally liable for performance of all of the terms, covenants, and conditions of our agreements.
You and the guarantors jointly and severally authorise us to exchange information about the creditworthiness of either yourself or the guarantors with any credit-reporting agency at any time during the term of the agreement.
You and the guarantors will remain liable under the terms of this arrangement notwithstanding that:
- we have exercised all of our legal rights in relation to our terms of trade;
- we have not made prior demand upon you under our terms of trade; or
- the granting of time or any other indulgence to you and notwithstanding the death or insolvency of you.
You and the guarantors will be liable for all obligations under our terms of trade, as if any agreement was in your name only.
The guarantor’s liability will not in any way be conditions upon the validity or enforceability of the agreements herein contained against any other person and will continue until all monies have been paid and all obligations have been satisfied.
In the event that you sell or assign your business, the rights conferred under our terms of trade will continue with you and the guarantors personally, despite any assignment.
Notices must be in writing and be given personally by Express or Registered Post with delivery confirmation or by facsimile transmission or email with receipt confirmation.