Terms and Conditions

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Terms and Conditions

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Terms & Conditions of Trade for Thinkbox Group Trust

The Equipment and Service

The client acknowledges:
a) That the equipment has been selected by the client in accordance with its express requirements and assessment of security risk; and
b) That the company does not represent and there is no implied terms that the equipment or monitoring system or services will remain in proper working order or always carry out their functions and any such implied term is expressly excluded; and
c) That the equipment or services cannot prevent unlawful entry or damage to the client’s property; and
d) That the client shall by responsible to take out any insurance against fire, theft, damage, injury or any other cause at its own cost; and
e) That the company shall not be liable for any injury to persons or death or loss or damage to property or any loss or damage including consequential loss suffered by the client or any other person including but not limited to loss or damage caused by the installation of the equipment, equipment failure or breakdown, delay, failure to properly monitor or follow up any signal or alarm and/or failure to receive such signal whether such fault or loss is caused by the negligence of Thinkbox Group Trust and/or its servants, agents or contractors or otherwise
f) The company shall not be liable for the performance of any equipment or programming thereof which has not been supplied and installed by the company
These Terms and Conditions are subject to any implied term, conditions or warranties imposed by the Trade Practices Act 1974 (Commonwealth) as amended and/or under similar State legislation and if the Equipment and Services under this contract are supplied to the client as a “consumer” and/or for personal domestic or household purposes as defined under that legislation then the client shall have the benefit of non-excludable rights and remedies under that legislation and nothing in this contract excludes or restricts such rights
However, as far as possible and where the equipment and/or services are not ordinarily acquired by the client as a “consumer” and/or for personal domestic or household use pursuant to Clause 68A of the Trade Practices Act and/or similar provisions in State legislation then in such cases the company’s liability shall be limited:
a) In the case of equipment to any one or more of the following as the company in its sole discretion may determine:

  1. The replacement of the equipment;
  2. The repair of the equipment;
  3. The payment of the cost of replacing the equipment or of acquiring equivalent equipment;
  4. The payment of having the equipment repaired

b) In the case of services to either of the following as the company in its sole discretion may determine:

  1. The supplying of the services again;
  2. The payment of the cost of having the services supplied again

c) If not with standing the above the company is found liable to the client and/or other person the company’s liability for breach of this contract and/or negligence of the company, its servants or agents is limited to a sum not exceeding $10,000 (which shall include legal costs) in respect of the aggregate of all claims during any consecutive period of 12 months
d) The company shall not be liable for any default or failure to perform its obligations under this contract where the failure or default arises from acts of God, war, act of terrorism, accident, fire, explosion, earthquake, lightning strike, floods, strikes, industry disputes, shortage of parts, any action of the client including any interference with misuse, damage or abuse to the equipment by the client and/or other person, any failure by the client to perform its obligations under Clause 11 hereof any/or any other circumstance beyond the control of the company

Sub-Contractors

The company may sub-contract the performance of all or any of its obligations under this contract to any person, firm or company without giving notice to the client

Payments

a) The company’s payment terms are 14 days or as otherwise expressly stated

Warranty

The company warrants the equipment supplied pursuant to this contract and labour for a period of 12 months or as otherwise expressly stated from the date of initial installation.
The company’s liability for any defective goods, or for any loss, injury, or damage attributable thereto is limited to repairing or replacing, at the company’s option, those defective goods that arise within the warranty period, provided that:

  1. The company is notified of the alleged defect first coming to the client’s notice within the warranty period, and
  2. Any unauthorised repairs or alterations to the equipment invalidates this warranty

This warranty does not cover damage from misuse, accident, neglect or improper operation, modification or adjustment

Access

The company, its employees, servants and agents shall have full and free access at all necessary times to the client’s premises and full use of the client’s facilities to install, maintain or repair the equipment.

Installation

The company shall not be liable for any loss, injury, damage or expense because of delay in installation for any reason including negligence of the company, its employees, servants or agents. Delay or failure will not entitle the client to cancel this agreement or refuse to accept delivery and installation of the equipment.

Terms and Termination

a) The company may terminate this contract immediately if the client is in breach of any of these conditions or if the client commits an act of bankruptcy, makes any arrangement or composition with its creditors, has a receiver or manager appointed over any part of its undertaking or assets, has any petition presented for its winding up or goes into liquidation on a voluntary or compulsory basis
In the event of termination, the client is responsible for all costs in relation to decommissioning of the equipment and monitoring service and any ongoing telephone call charges or other communication charges

Quotations

a) Quotations provided are valid for 30 days from the date of quotation or as otherwise expressly stated and are inclusive of GST and any applicable discounts
b) Prices quoted are subject to acceptance by the client for the equipment (and installation thereof) or services (or both) as set out in this contract
c) Prices quoted are based on the following:

  1. Labour, material, storage and transport costs and costs incurred in fulfilling statutory 1 requirements (if any) at the date hereof; and
  2. Installation of the equipment being effected during normal working days. The company reserves the right to alter this quotation (whether or not it has already been accepted) should there be any change in the costs referred to or, in the case of equipment, if installation is to be effected other than as stated.

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