Service Terms & Conditions

The Company

1. “JD Security” means John Derek Security Pty Ltd ABN 81 002 715 648, its successor and assigns.

Agreement

2. Unless previously withdrawn this quotation is valid for 30 days from the date hereof and shall be accepted by the purchaser by signing as required on the acceptance of quotation form and delivering it to the Company or its authorised representatives.
3. Unless these terms and conditions are amended in writing the agreement between the parties shall be on the terms and conditions set out herein and subject to legislation to the contrary.

Price/s Quoted

4. The equipment priced is the equipment described within the quotation.
5. The price quoted is based on current award wages, current rates for freight, insurance, customers and other duties and taxes, delivery charges and charges made by suppliers in respect of the equipment. In the event of there being changes in the said wages, rates, duties, taxes or charges after the date of quotation the Company reserves the right to increase the price by such amount as it deems necessary to take account of such changes, notwithstanding that the quotation may already have been accepted by the purchaser.
6. The price quoted is based on the work being carried out during normal working hours, 08.00am – 05.00pm Monday – Friday, and the Company reserves the right to increase the price by such amount as it deems necessary to take account of any requirement by the purchaser that the work or any part thereof be carried out outside normal working hours.
7. If the company is subjected to increased costs attributable to delays caused by the failure of the purchaser or servants, agents or contractors, for whom the purchaser is responsible to meet their respective obligations it reserves the right to increase the amount by such amount as it deems necessary to take account of such increased costs.
8. In the event of the Purchaser seeking to vary the work or the equipment to be supplied the Purchaser will be required to sign an acknowledgement of the terms and conditions upon which the work is to be performed or the equipment to be supplied and the price of such variations. The company reserves the right to perform any such work or to supply further or other equipment.

Payment Terms

9. Prior to commencement of any works at the site, the Purchaser shall pay a deposit as outlined in payment terms on the acceptance of quotation page being a percentage of the price quoted and the balance of the purchase price will be payable on completion of installation of the equipment. Progressive payment invoices may be issued by the company for work done during the course of the installation. Unless otherwise stated all progress payment invoices will be due within 7 days of invoice.
10. JD Security reserves the right to cease work if payment terms are not met and any damages will be borne by purchaser.
11. Until payment in full of the purchase price, ownership of the equipment will remain with the Company.
12. From the time of the delivery of the equipment to the Purchaser’s premises the equipment shall be at the Purchaser’s risk absolutely.
13. A restocking fee of 20% of the price quoted will be charged if the Purchaser cancels the order within 72 hours of the agreed time of installation.

Exclusions

14. Installation technicians are obliged to comply with all provisions of the Occupational Health and Safety Act 2000 and the regulations and codes of practice of WorkCover New South Wales.
15. Unless specifically stated in the quotation, the additional cost of site compliance and any items listed in the standard list of exclusions, as in paragraph 15 hereof, will be borne by the customer. If required, the items will be charged at cost, on a do and charge basis and may be organised either by the customer or by arrangement with the Company.
16. List of exclusions includes: (i) contract inclusions and penalties, (ii) bank guarantees and retentions, (iii) saw cutting and core drilling, (iv) trenching, excavation and tipping fees, (v) concrete or bitumen works, (vi) marking of existing services and responsibility for repairs of the same, (vii) council certifications, approvals and associated fees, (viii) scissor, boom or man lift hire, (ix) unsuccessful full attempts at cabling via existing underground conduits, (x) as installed plans, (xi) delays to progress of works attributable to the Purchaser, its servants, agents and contractors, (xii) locksmith charges, (xiii) guard or patrol hire whilst the system is being installed, (xiii) special on site conditions and regulations.

Alarm Monitoring

17. Alarm monitoring is not included in the quoted price. If required, the Company requires the Purchaser to provide an approved Telstra connection point to interface the equipment into the Telstra Public Switched Telephone Network. The connection fees will be at the Purchasers expense. Should the connection point or the phone line not be ready upon completion of installation additional charges may apply for a return to site visit to connect the system.
18. The Company shall be under no liability should any loss be incurred or damage suffered as a result of the non-function or malfunction of Telstra equipment.

Power

19. The Company requires the purchaser to provide a 24 hour, 240 volt AC GPO for the equipment mounted near the control panel.

Testing

20. Future testing of all equipment installed, supplied or serviced by the Company is the responsibility of the Purchaser and periodic tests of the alarm system at regular intervals (at least weekly) to include sirens and reporting functions is to be carried out by the purchaser to ensure that these and all other functions are still operational.

Liability

21. JD Security will not be liable whatsoever for:
    1. any loss or damage caused to the Customer including but not limited to mechanical breakdown, storm, earthquake, strikes, lockouts, labour disputes, of whatever type, Act of God, war (whether declared or not), acts of terrorism, act (administrative or legislation) of any Government, riot or civil commotion, fire, explosion, act or omission by the Customer, its servants, agents or invitees;
    2. any loss or damage suffered by the Customer except so far as such loss or damage is solely attributable to the negligence of JD Security or any of its employees acting within the scope of their employment, servants, contractors and agents; or
    3. any delays by the Customer which shall cause automatic suspension of JD Security’s obligations under the contract.
22. Notwithstanding the provisions hereof, they shall be read subject to any implied terms, conditions or warranties imposed by the Trade Practices Act 1974 (Cth) or any other Commonwealth or State legislation that may be applicable.
    1. In cases where Part V Division 2 of the Trade Practices Act 1974 (or equivalent part of any State or Territory legislation) applies and the goods or services supplied are other than those ordinarily acquired for personal domestic or household use or consumption, JD Security’s liability to the Customer shall be limited as JD Security determines:
    2. In the case of goods to any one of the following:
       1. the replacement of the goods or the supply of equivalent goods;
       2. the repair of the goods;
       3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
       4. the payment of the cost of having the goods repaired;
    3. In the case of services any one of the following:
       1. the supplying of the services again; or
       2. the payment of the cost of having the services supplied again.
23. The Customer hereby indemnifies JD Security with respect to any loss, damage, costs or expenses suffered by JD Security directly or indirectly in connection with or arising out of the performance by JD Security of its obligations under this Contract due to the fault of the Customer including, without limitation, any claims by any client of the Customer.
24. The Customer hereby indemnifies and will keep indemnified JD Security against all losses, costs, expenses that JD Security may suffer and all demands, actions, suits, causes of action that may be made against JD Security arising out of directly or indirectly the failure of the Alarm System, control unit, communication device, or the telephone network connection to operate or perform properly.
25. The Customer agrees that no advice or information, whether oral or written, obtained by the Customer from JD Security or through or from the Monitoring Service shall create any warranty not expressly stated in this Contract.
26. The Customer agrees that JD Security will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use of data or other intangible losses (even if JD Security has been advised of the possibility of such damages).
27. Clauses 20, 21, 22, 23, 24 and 25 survive termination of this contract.
28. The Purchaser acknowledges and agrees that the purchase and installation of the equipment is in addition to and not intended to take the place of other usual security precautions and insurances.
29. The Company does not represent that any or all of its products, services, buildings, equipment or personnel comply in part or in full with any written standard regulation or requirement of any Association, Government or other body.
30. No warranty is implied or given on equipment or goods supplied, installed or serviced by another Company.
31. The failure by the Company to enforce at any time any of the terms and conditions hereof or any right arising from thereunder shall not be construed as a waiver of the same, or of its right thereafter to enforce at any time each and every provision hereof.
32. The quotation, these terms and conditions and any contract or agreement of which they shall form the basis shall be governed and construed in accordance with the law of the State of New South Wales.
33. Should any term be unenforceable or invalid that term shall be considered, to the extent of such unenforceability or invalidity, independently of and severable from any other term contained herein and shall not affect the enforceability or validity of any other term hereof.

Notices

34. Any notices to be given herein may be served on either party by registered post or by delivering the notice to the address of the party. Where service is made by post, service shall be deemed to have occurred two working days after the notice was first posted.
35. Service may also be affected by facsimile service being deemed to be effected when the sending party’s machine produces a transmission report indicating that a transmission has been effected error free