T&C's - Privacy Policy

ProSec Security Systems

Excellence In Electronic Security Systems.

These are the Terms and Conditions of Quotation and Sale (“Terms and Conditions”) of all products supplied by ProSec Security Systems, ABN 14 130 693 409 (“the Business”), except as otherwise expressly agreed upon in writing between a duly authorised officer of the Business and the customer, the following Terms and Conditions shall apply notwithstanding any provisions to the contrary which may appear on any document or agreement between the Customer and the Business.

1.Definitions

“Business Day” means any day except Saturday, Sunday or a day that is a public or bank holiday in Queensland.

“Customer” means the person/s placing the order for Works and/or products supplied by the Business to the Customer as specified in any invoice, document or order. The customer warrants that they have the power to enter into this agreement and has obtained all necessary authorisations to allow them to do so.

“Business” means ProSec Security Systems ABN 14 130 693 409 that the Customer is contracting with whose business name and ABN appears on the quotation, invoice or receipt provided to the Customer.

“Business Hours” means Monday to Friday 7:00am – 5:00pm

“Job” means the works quoted to be completed and completed.

“Quote or Quotation” means any document containing a price for Works, including but not limited to Tax Invoices, quotations generated by computer or tablet devices or handwritten quotations.

“Works” means any services rendered, products delivered or any future or completed work done by the Business.

2.Quotes

a.The Business shall give the Customer a quote specifying the Goods and Services required to fulfil the Customer’s instructions and a costs estimate for such Goods and Services including GST which will specifically outlined in the Quote.

b.All Quotes include installation of any service or products on a continuous basis during Business Hours.

c.If there is any error or omission in the Quote, the Business reserves the right to change the contract sum on the Quote. This clause applies even if the Quote has been accepted by the customer. Prices quoted are subject to final costing assessment by the Business.

d.Notwithstanding any other clause, the contract sum on the Quote will only be valid for 30 days from the date of the quotation. The Business reserves the right to make any changes to the Quote if the 30 days lapses. The Business may at its option extend this period.

e.The Business reserves the right to make any changes to the quotation including but not limited to the contract sum if either:
i.a variation is requested by the Customer, or
ii.a Quote has not been fulfilled within 30 days of the date the Quote was produced.

f.The Business and the Customer acknowledge that a Quote may be accepted by facsimile or other electronic means (including but not limited to email acceptance) and may be agreed in counter parts.

3.Variation

a.All requests to vary the Quote by the Customer must be made to the Business.

b.Any request to vary the Quote, will allow the Business the right to stop the progress of any works until the Business and the Customer agree on the variation.

c.Payment for all variations must be made in full at the time which they are raised.

4.Payment

a.The customer shall make payment in accordance with the Quote with the Business outlined on the Quote the percentage plan for payment of the Quote.

b.The customer will make payments by way of installments over the course of the Job as and when invoiced by the Business within seven (7) Business Days from the date of the invoice.

c.The Business may require a deposit from the Customer and the Customer acknowledges that the Business is under no obligation to undertake any works as requested by the Customer until the deposit is received by the Business in full and when all details pertaining to the Quote are finalised.

d.In the event of default as to payment owing to the Business on part of the Customer, the Business shall be entitled to forfeit the deposit and claim any profit or margin contemplated by or allowed for in the Quote or this Agreement in addition to any remedy available to the business at law or in equity.

e.If the customer fails to make payment in accordance with clause 4(A), The Business shall be entitled to:

i.Charge default interest at the rate of 9% per annum on all overdue amounts (including late payment charges and amounts other than the contract sum) calculated on a day to day basis on any monies due but unpaid, such interest to be computed from the due date for payment AND the parties agree that such default is not a penalty but is a true measure of damages incurred by the Business. Payments received from the Customer will be credited first against any default interest and all such charges shall be payable upon demand;

ii.Claim from the customer any costs relating to enforcing the Business’ rights against the Customer to recover moneys or goods due to the customer’s breach to pay;

iii.Cease all further works and terminate any agreement with the customer.

f.The Customer shall not be entitled to set off against or deduct from any amounts due and payable to the Business nor withhold any payment because of any dispute the Customer may have with the Business.

5.Cancellation / Termination

a.If the Customer seeks to cancel an accepted Quote, the Customer must seek to cancel the Quote in writing and the Business must agree in writing.

b.The Customer shall reimburse the Business for any costs, losses or expenses incurred by the Business should the Customer cancel an accepted Quote.

c.The Business reserves the right to supply an order in full or only part if a request to cancel the Quote is received.

6.Completion

a.Any date or time quoted for delivery and completion of the Works is an estimate only and the Business shall endeavour to complete the Works at a time or times required by the Customer, but failure to do so shall not confer any right of cancellation, termination or refusal of delivery on the Customer’s part or render the Business liable for any loss or damages directly or indirectly sustained by the Customer as a result thereof.

b.The Customer will not be relieved of any obligation to accept or pay for products by reason of any delay in delivery or any strike, lockout, unavailability of raw materials, accidents to machinery, differences with workmen, breakdowns, shortages of supplies or labour, fires, floods, storm or tempest, transport delays, acts of God, restrictions or intervention imposed by any Laws, regulations, Governments or agency’s thereof and any other cause beyond the control of the Business or any other cause whatsoever.

7.Retention of Title

a.Notwithstanding the delivery of the products or their installation, title in any products shall remain with the Business regardless of whether the products are on-sold by the Customer until the Customer has paid and discharged any and all monies owing pursuant to any Quote or invoice issued by the Business for the products, including all applicable GST and other taxes, levies and duties as specified in the Quote.

b.Any payment made by or on behalf of the Customer which is later avoided by the application of any Statutory Provisions shall be deemed not to discharge the Business; title in the products nor the Customer’s indebtedness to the Business and, in such an event, the parties are to be restored to the rights which each respectively would have had if the payment had not been made.

c.The Customer acknowledges that it is possession of the products solely as Bailiff until all payments as defined in this Agreement have been paid to the Business in full.

d.The Customer may not encumber or otherwise charge the products and the Customer shall full indemnify the business against any loss or damage to the products whatsoever and howsoever caused following delivery.

8.Customer Testing and Periodic Maintenance

a.The customer must test the product on a periodic basis to ensure that any operational features of the Business’ product is correct and not reporting any errors or product faulting.

b.The customer is strongly advised to engage a professional to carry out Sixth (6) monthly/annually (1 year) periodic preventative maintenance on the Business’ product to ensure the lifespan and functionality of the system installed.

 

9.Smart App’s, Customer’s Internet Service Providers and Network Providers for Mobile Services

a.The Business holds no liability over the operation, functionality or service of any or all smart applications, internet service provider connections or mobile network connections that has been provided by the manufacturer of any product supplied by the Business;

b.The Customer indemnifies the Business for any loss or damage that may occur outside the control of the Business, including but not limited to, faults, service blackouts, connection errors or update issues;

c.The Customer agrees that for the operation of any smart device applications to effectively work, there will be internet connection at the installation address and on any smart device the Business’ products are installed; and

d.The Customer agrees that it is responsible for ensuring there is a strong and fast internet connection, wired and wireless, at the installation address should smart device applications wish to be used.

10. Malicious Interference with Wireless Security Systems

Jamming or hacking attacks are the use of malicious interference on wireless communication systems, including but not limited to Wi-Fi, Bluetooth, and cell phone networks

a.The Business shall not be liable in the event of ‘jamming’ or ‘hacking’ of the business’s works. All equipment supplied by the business is of professional grade.

11.Force Majeure

a.The Business shall not be liable for any failure or delay in supply or delivery of the products or Works including equipment where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of the Business including, but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or intervention transport delays, fire, act of God, malfunctioning or faulty equipment (both mechanically and electronically), breakdown of plant, shortage of supplies or labour, storm or tempest, theft, vandalism, riots, civil commotions or accidents of any kind.

12.Default

a.If the Customer: –

i.fails to comply with any of these Terms and Conditions; or
ii.becomes insolvent,

the Business is entitled to terminate the Quotation and exercise any and all rights against the customer. It may immediately suspend any further deliveries and immediately recover possession of any products not paid for in accordance with the Terms and Conditions.

b.The Business will not be liable for any loss or damage the Customer suffers as a result of the Business exercising its rights under this Clause.

c.The Business reserves its rights as Seller under the Sale of Goods Act or similar State or Territory laws

 

13.Warranty

a.To the extent required by statute, subject to the conditions of warranty as may be set out in The Australian Consumer Law (ACL) located in Schedule 2 of the Competition and Consumer Act 2010 (Cth) the Business warrants that if a defect in any of the Works carried out by the Business is reported to the Business within Twelve (12) months of the date of completion, then the Business will either replace or remedy the Works subject to these Terms and Conditions.

b.Subject to the ACL, the Contractor does not have to fix any problem caused by misuse, abuse, wear and tear, damage caused by vermin, lizards and insects, or normal shrinkage or movement, colour variation in natural products or colour variation caused by environmental factors, work done by others or any defects in Goods supplied by the Customer.

14.Liability

a.Under the ACL there are certain conditions that are unable to be contracted out of and there are rights and remedies conferred on the Customer in relation to the provision of Goods and Services which cannot be excluded.

b.It is the sole responsibility of the Customer to check and confirm the order with the Business prior to signing the Quote. The Business will not be held liable for incorrect orders.

c.It is the responsibility of the Customer to ensure that the Quoted Works can be completed without interruption, in a continuous workflow and on the mutually agreed date. The Customer agrees to be liable for any extra costs incurred by the Business by virtue of interruption including but not limited to additional return to site charges and travel costs including parking charges.

d.The Customer indemnifies the Business for any loss or damage that may occur when the quoted works are occurring whether directly or indirectly a result of the Business (including loss of income).

e.The Business disclaims all conditions and warranties expressed or implied and all rights and remedies conferred by the Customer, by statute, the common law, equity, trade, custom or usage other than those contained under the ACL.

f.The Business accepts no liability for the visual presentation or noise levels of installed products.

g.The Business’s liability shall be limited to damages not exceeding the contract sum of the order.

15.Personal Property Securities Act 2009 (“PPSA”)

a.The Customer acknowledges and agrees that:

i.this agreement constitutes a security agreement for the purposes of the PPSA and creates a registrable security interest under the PPSA in all materials supplied or will be supplied by the Business to the Customer;

ii.The Business has the right to register a financing statement under the PPSA with respect to the security interest created by this agreement;

iii.if The Business registers a security interest under the PPSA, the Business may exercise any or all remedies afforded to it as a secured party, without prejudice to any other rights or remedies arising out of a breach by the Customer of any agreement with the Business; and

iv.the materials supplied or will be supplied by the Business to the Customer are collateral for the purposes of the PPSA.

b.The Customer waives any right the Customer has under the PPSA to receive notice in relation to registration events.

c.The Customer and the Business agree that neither party will disclose information of the kind specified under Section 275(1) of the PPSA.

d.The Business may elect, at its absolute discretion and at any time, that any section of the PPSA specified in Section 115 will not apply to the extent permitted by Section 115.

e.This clause shall survive the Termination of the Contract.

16.Privacy

a.The Customer acknowledges and agrees that:

i.The Business collects personal information such as contact details, bank account details, insurance details and credit card details and holds such information for seven (7) years. The purpose of the collection of personal information is only for internal use.

ii.they have been informed by the Business that personal information about them may be disclosed to or acquired from or to a credit reporting agency.

iii.If they require further information regarding the Business Privacy Policy they may obtain same by providing notice to the Business.

b.The Customer agrees:

i.that the Business may contact any trade references or other credit references at any time whether now or in the future for the purpose of assessing credit worthiness.

ii.To the Business receiving from any other credit provider or providing to any credit provider any information whether by way of report record or otherwise relating to credit worthiness for the purposes of exchanging information, assessing credit worthiness and notification of default at any time whether now or in the future

iii.To the Business obtaining from a credit reporting agency a credit report on the Customer for the purposes of assessing any credit application and the Customer further consents to The Business obtaining such reports from time to time for the purposes of assessing credit worthiness during the continuance of credit provision.

iv.To the Business obtaining from a business which provides credit information a report or information in relation to the Customer’s commercial credit worthiness or commercial dealings and using such information for the purpose of assessing the Customer’s application for credit.

v.That, in the event of default of payment of any of their debts, The Business may disclose all information relating to the Customer’s account to its collection agency for the purpose of receiving any or all amounts outstanding.

17.Severability

a.Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.

17.Governing Law

a.The Terms and Conditions are governed by the laws of the State of Queensland and the laws of the Commonwealth.

b.Any dispute that may arise will be submitted to a court of competent jurisdiction in Queensland.

18.Assign

a.The Business may assign any part of the quoted works or any part of its rights without the Customer’s consent.

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