AAVINET Security Terms of Trade
These Terms Of Trade are the intellectual property of Tropical Coast Traders Pty Ltd ACN 135 270 441 as Trustee for the Bradley Trading Trust (ABN 80440 248 899) trading under registered business name AAVINET Security. These Terms Of Trade my not be borrowed, copied or reproduced in any way or manner without written permission of Tropical Coast Traders Pty Ltd ACN 135 270 441 as Trustee for the Bradley Trading Trust (ABN 80440 248 899) trading under registered business name AAVINET Security and will be subject to criminal prosecution.
Network Disclaimer
IMPORTANT: AAVINET Security cannot guaranty remote access to your system(s) especially for complex networks and any Telstra service or any Telstra device. A complex network is any network that is not standard issue by your Internet Service Provider and/or more than one network device. Any computer/network IT support required to circumvent these connectivity problems is the responsibility of the service owner. Wireless hubs and hotspot devices cannot be used period.
Definitions
1. In this document the following definitions apply.
(a) The “Company” shall mean “Tropical Coast Traders Pty Ltd ACN 135 270 441 as Trustee for the Bradley Trading Trust (ABN 80440 248 899) trading under registered business name “AAVINET Security” its subsidiary/ies and related companies as defined in the Corporations Act 2001 (Cth) and their and each of their servants or agents, hereinafter referred to as the “Company”.
(b) “Cost of Services” shall mean any costs charged by the “Company” to the “Customer”.
(c) “Customer” shall mean any person, firm, corporation, government, semi-government or local government department or authority, its successor’s, assignee’s, trustee’s, administrator’s or liquidator’s, to whom or to which “Goods and Services” are sold by the “Company”.
(d) “Goods and Services” means any services or products produced, provided, supplied and/or sold to the “Customer” by the “Company”.
(e) “Indemnity” whenever it is herein provided that the “Customer” shall indemnify the “Company”, then the indemnity to be provided shall be a full and complete indemnity from and against liability in respect of all claims, demands, action, suits, proceeds and costs.
(f) “Public Holiday Surcharge” shall mean any surcharge charged on a Public Holiday by the “Company” to the “Customer”.
Credit Terms
2. The “Company” is at liberty to request a deposit up to 50% to be paid to the “Company” by the “Customer” prior to the provision of the “Goods and Services” by the “Company”.
3. Full payment of all accounts shall be made on or before 7 days from the date of invoice unless prior written arrangements have been made with the “Company”.
4. The “Company” may at any time without notice, terminate or suspend the “Customer’s” right to purchase or acquire “Goods and Services” from the “Company” on credit and the “Company” shall not be liable for any damages, costs, penalties or charges incurred by the “Customer” as a result of the non-supply of “Goods and Services” or services by the “Company”.
5. All invoices shall immediately become due and payable in the event of default on payment by the “Customer” of any invoice or account, regardless of whether or not some invoices may not otherwise have become due for payment.
6. If the “Customer” is a tenant in a premises where these “Goods and Services” are being paid for by a body corporate, property manager or other entity, please note that any payment related clauses below do not apply to you (unless you have authorised the “Company” to provide additional services outside the normal scope of works for your site), however all other clauses apply.
7. Any amount that remains unpaid for seven (7) days from the date of invoice can incur interest at the rate of $15.00 or 2.5% (which ever charge is the greater) per month or part thereof as an administration charge. The “Customer” agrees that that this is a fair and reasonable charge and is directly relevant to the likely damage that the “Company” might suffer as a result of non payment by the “Customer”. Interest of 2.5% will be calculated on all outstanding amounts from the date of issue of the invoice.
8. Any unpaid amounts that may from time to time be overdue and any interest charged shall be recoverable forthwith from the “Customer” as a liquidated debt.
9. Credit card payments (Visa and MasterCard) made within fourteen (14) days from the date of issue of the statement will attract nil surcharge. Credit card payments made after 14 days from the date of issue of the statement will incur a 2.00% credit card surcharge.
10. Payment shall be made by the “Customer” to the “Company” without any set off or deduction against any other amount whatsoever.
11. The “Customer” hereby gives the “Company” authority to make enquiries as to the credit and financial responsibilities of the “Customer” and/or the Directors and/or Shareholders in order to suitably qualify the “Customer’s” capacity to incur debt and repay any amounts to the “Company”. These inquiries shall include but not be limited to obtaining reports from credit reporting agencies and references from current and/or past providers of credit to the “Customer”.
12. In the event of default on payment by the “Customer”, the “Customer” will be liable for all losses, liabilities, costs and expenses (including but not limited to debt recovery and legal expenses, including commission charged by debt recovery agents and solicitor’s costs) on a full indemnity basis or on a solicitor and own “Customer” basis whichever is the higher, incurred by the “Company” seeking to recover the default amount.
13. The “Customer” hereby charges its interest in any and all land registered in its name as security for payment of monies it owes the “Company”.
14. In accordance with s.18E(8)(c) of the Privacy Act 1988, the “Customer” acknowledges that the “Company” has informed it that certain items of personal information about the “Customer” contained in/or relating to the “Customer’s” Application for Credit and permitted to be kept on a credit information file might be disclosed to a credit reporting agency. Furthermore, the “Customer” agrees, in accordance with s.18H(3), s.18K(1)(b), s.18K(1)(c), s.18K(1)(h) and s.18N(1)(b) of the Privacy Act 1988 that use by the “Company” of the relevant information referred to in those sections may occur for the purpose of assessing the “Customer’s” credit application.
Jurisdiction
15. This contract is deemed to have been entered into in the State of Queensland. Any legal action arising out of, or in respect of the contract and/or the interpretation thereof shall be brought only in the State of Queensland. The parties further agree to issue any proceedings in the Brisbane registry of the appropriate Court having monetary jurisdiction over the matter.
Compliance
16. During the period of purchase, the “Customer” shall observe, comply and indemnify the “Company” from and against all claims for loss, damage, death or injury arising from any failure so to observe and comply with all Acts, Ordinances, Regulations, By Laws and Proclamations and the requirements of any statutory, local or other authority, and all rules and requirements of the owner of any property in, on or about or by way of sale to third party by which the “Goods and Services” is used in relation to.
17. This purchase agreement is not bound by the following legislation and the “Customer” agrees that the following do not apply to this purchase agreement and are exceptions to each legislation except where applicable:
(a) Competition and Consumer Act 2010;
(b) The Consumer Protection Rules 1987;
(c) Sale of “Goods and Services” Act 1896; and
(d) Fair Trading Act 1989 (or equivalent applicable legislation relating to fair trade in other jurisdictions).
18. Information provided by the “Customer” may be provided to a third party where required by law, where required to provide the services, or where you have consented (e.g. your name and contact details may be passed on to the Police in the event of a break-in).
19. These terms and conditions are fully transferable between the “Company” and “Customer”, and are binding on any future owners, directors, representatives or managers of the “Customer” and persons and entities that purchase the “Customer” in as much that the termination of employment of the signatories on this document does not automatically cause the Terms and Conditions to cease.
20. All “Goods and Services” sold to the “Customer”, remains the property of the “Company” until paid for in full by the “Customer” to the “Company”.
21. The “Customer” shall not be entitled to damages or compensation from the “Company” for any loss suffered by reason of late delivery or fault of the “Goods and Services” or if the “Company” determines the “Goods and Services” is faulty by the condition of the site at which it is stored.
22. The “Customer” irrevocably authorises, permits and consents to the “Company” entering any premises to retrieve and recover possession of any equipment or “Goods and Services” which the “Company” may have sold to the “Customer” or any other such equipment or “Goods and Services” to which the “Company” has the title of the right to exclusive or sole possession. This irrevocable authority allows the “Company” to use such force as is reasonably required to open doors or any other entrances even if the use of such force would damage the door or entrance. The “Customer” agrees that the presence of the “Company” or it’s agents or servants at the premises and the use of such force and the occasioning of damages will not vest the “Customer” with any cause of action whatsoever against the “Company” and the “Company” may refer to this clause should any right or entitlement of the “Company” be called into question.
23. The “Company” reserves the right to amend rates and/or terms and conditions from time to time without prior notice to the “Customer” (unless the services are under a Service Agreement) in which case notice will be given 30 days prior.
Duties and Charges
24. Unless otherwise stated, all rates, charges and/or prices are quoted exclusive of GST, duty, taxes or any other statutory charge or fee payable in connection with the purchase of the “Goods and Services”.
25. The “Customer” agrees to pay any stamp duty.
26. The “Customer” acknowledges that the rate for purchase of “Goods and Services” from the “Company” does not include any provision for insurance cover on behalf of the “Customer”.
Security Interests
27. The “Customer” must not create, purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the “Goods and Services” other than with the express written consent of the “Company” until full payment is made to the “Company” for the “Goods and Services”.
28. The “Company” may recover from the “Customer” the cost of doing anything under this clause, including registration fees.
Limitation of Liability
29. The “Company” does not warrant that the “Goods and Services” are compatible with any software, hardware, computer, device or any other technological platform. The compatibility of the “Goods and Services” provided to the software, hardware, computer, device or any other technological platform is solely the “Customers” responsibility and any changes required to ensure the operation of the “Goods and Services” will be at the sole cost and responsibility of the “Customer”. This is includes remote access compatibility.
30. The liability of the “Company” to the “Customer” for any reason related to the performance under this agreement shall be limited to the replacement of the “Goods and Services” and/or Products or the amount paid or payable by the “Customer” in respect of the particular “Goods and Services”, Products or Services.
31. The “Company” has no liability for any action or inaction of its staff, contractors or agents, and the “Company” will not be liable to the “Customer” for any loss or damage caused by any reason but not limited to reasons beyond the control of the “Company” including interruptions and/or delays caused by break-ins at other “Customers’ premises, and other emergencies including fire, flood, accident, police or emergency services activities, road closures, bad weather, natural disaster, busy periods, mechanical break-down, storm, earthquake, strike, lock-out, labour disputes, act of God, war (whether declared or not), Act (administrative or legislative) of any Government, riot or civil commotion, explosion or an act or omission of the “Company” or staff, contractors or agents and other unforeseen circumstances which may delay or prevent the response or the stated number of inspections from being carried out.
32. The “Company” will not be liable to the “Customer” for any direct or consequential damage or any loss, damage or liability suffered or incurred by the “Customer” including to the extent to which such loss, damage or liability is caused by the negligence of the “Company” or its representatives, contractors or agents, acting within the scope of their employment.
33. At all times, liability of the “Company” will be limited to either the cost of supplying, replacing or repairing the goods or services, or the cost of “Goods or Services” for one (1) month, as determined by the “Company”.
34. The “Customer” indemnifies the “Company” against any costs, damages, loss or liability of any kind (including legal costs) suffered or incurred by the “Company” in regards to personal injury or death of any person, or loss of or damage to any property arising from, caused or contributed to by any act, error or omission of the “Customer” its staff, contractors or agents.
Severability
35. The invalidity or unenforceability of any provision of these terms and conditions shall not affect the validity or enforceability of the remaining provisions. Clerical errors are subject to correction and do not bind the “Company”. Headings are for ease of reference only and do not form part, or affect the interpretation, of these terms and conditions.
Waiver
36. Failure by the “Company” to insist upon strict performance of any term or condition herein shall not be deemed a waiver thereof or of any rights the “Company” may have, and shall not be deemed a waiver of any subsequent breach of any term or condition.
Warranties and Defects
37. The “Company” warrants that the “Goods and Services” supplied shall be of merchantable quality.
38. The “Company” provides a twelve month warranty on any product which is defective or not of merchantable quality.
39. The “Customer” must inspect the “Goods and Services” and/or Products upon delivery and installation and notify the “Company” in writing within fourteen (14) days of any defects, short deliveries or any failure to fulfil any quotation or order. The “Company” will within a reasonable period following delivery and installation be given access to the “Goods and Services” and/or Products in order to inspect for any alleged defects. Should the “Customer” fail to notify the “Company” within fourteen (14) days of an alleged defect, short-delivery or failure to fulfil any quotation or order, then the “Goods and Services” and/or Products shall be deemed to be in compliance with the order and free from any defect whatsoever.
40. Claims against the “Company” must be made by the “Customer” to the “Company” within fourteen (14) days of the day that the existence of the claim came or should have come to the notice of the “Customer”, and must state the nature, grounds and amount of the claim. Time is of the essence in respect of this clause, and claims not notified within fourteen (14) days to the “Company” shall not be allowable or admitted and shall be deemed waived or abandoned by the “Customer”.
41. The “Customer”, must request to the “Company” any “Goods or Services” which the “Customer” alleges to have a defect to be inspected by the “Company” within fourteen (14) days for the “Company” to inspect.
42. Visible damage to the “Goods and Services” and/or Products must be reported to and claimed upon the “Customer’s” insurance company.
43. The “Company” does not accept any responsibility for loss or breakage of “Goods and Services” and/or products whilst in transit whatsoever.
44. If after the assessment, the “Company” is not satisfied that the alleged defect is the fault of the “Company”, the “Company” is under no obligation to honour the warranty to the “Customer” and is under no obligation to provide reasons for not honouring the warranty.
45. The “Company” does not warrant that the “Goods and Services” and/or Products are fit for a particular purpose and, except or unless otherwise stated in these terms and conditions, warranties relating to title, defects or conformity of the “Goods and Services” are expressly excluded. Any costs associated with the return of the “Goods and Services” and/or for the purpose of a warranty claim shall be the responsibility of the “Customer”.
46. In any event if the “Goods and Services” supplied including but not limited to a security alarm is defective the “Customer” indemnifies the “Company” against any loss or damage caused by any defect.
47. The “Customer” understands and accepts that the services are of a deterrent nature, and that no warranty or guarantee implied or otherwise is offered by the “Company” that the services will prevent fire, theft, damage, loss, death or injury, of any person or property.