TERMS & CONDITIONS
a. “Us” “We” “Our” “KS” “Kiwi Security” Shall means Sri Ram Doot Limited, Trading as Kiwi Security (CN 2463284), or any agents or employees thereof
b. “KS” shall mean “Kiwi Security”
c. “Business Hours” means the period between 8 am and 5 pm on a Working Day.
d. “Client” shall mean the company or any person acting behalf of and with the authority of the client, or any person contracting services from Kiwi Security.
e. “Equipment” shall mean any alarm monitoring, security equipment used in relation to the services that are the responsibility of the Client.
f. “Emergency Contacts” shall mean the person(s) nominated by the Client in the list which may amend from time to time.
g. “False Alarm Signal” shall mean a signal sent from the equipment to the monitoring station that is generated as a result of client’s accidental, intentional or negligent activation of the Alarm Signal, or a result of any other act or omission of the Client or occupant or guest within the protected premises.
h. “Price” shall mean the cost of the services as agreed between Kiwi Security and the client subject to the clause of this contract.
i. “Services” shall mean all services, products, systems, materials, and advice provided by Kiwi Security to the client including manufacture, installation, monitoring and design of security and fire systems and all associated services and all charges of labour and work, hire charges, insurance charges, or any fee or charge associated with the supply of services by Kiwi Security to the client.
j. “Working Day” shall mean any day except Saturdays, Sundays and Public Holidays.
TERM a. This Agreement commences on the Commencement Date and shall continue in full force and effect for the Term unless it is terminated earlier in accordance with these terms and conditions. b. Upon expiration of the Initial Term, this Agreement will be automatically renewed for successive Renewal Terms, provided that either party may terminate this Agreement with effect from the end of the Initial Term (or any Renewal Term as the case may be) by giving not less than three months’ written notice to the other party prior to the end of the Initial Term or any Renewal Term. c. The Renewal Term is twelve months
1. QUOTATION 1.1 Where a quotation is given by KS for Products and Services: 1.1.1 Unless otherwise agreed the quotation shall be valid for thirty (30) days from the date of issue; and 1.1.2 The quotation shall be exclusive of goods and services tax unless specifically stated to a contrary; 1.1.3 KS reserves the right to alter the quotation because of circumstances beyond its control. 1.2 Where Products and Services are required in addition to the quotation the Customer agrees to pay for the additional cost of such Products and Services. 1.3 KS reserves the irrevocable right to withdraw a quotation where a genuine error has been made on the Company’s behalf.
2. TITLE AND SECURITY (PERSONAL PROPERTY SECURITIES ACT 1999) 2.1 Title in any Products and Services supplied by KS passes to the Customer only when the Customer has made payment in full for all Products and Services provided by KS and of all other sums due to KS by the Customer on any account whatsoever. Until all sums due to KS by the Customer have been paid in full, KS has a security interest in all Products and Services. 2.2 If the Products and Services are attached, fixed, or incorporated into any property of the Customer, by way of any manufacturing or assembly process by the Customer or any third party, title in the Products and Services shall remain with KS until the Customer has made payment for all Products and Services, and where those Products and Services are mixed with the other property so as to be part of or a constituent of any new Products and Services, title to these new Products and Services shall be deemed to be assigned to KS as security for the full satisfaction by the Customer of the full amount owing between KS and Customer. 2.3 The Customer gives irrevocable to KS to enter any premises occupied by the Customer or on which Products and Services are situated at any reasonable time after default by the Customer or before default if KS believes a default is likely and to remove and repossess any Products and Services and any other property to which Products and Services are attached or in which Products and Services are incorporated. KS shall not be liable for any costs, damages, expenses or losses incurred by the Customer or any third party as a result of this action, nor liable in contract or in sort or otherwise in any way whatsoever unless by statute such liability cannot be excluded. KS may either resell any repossesses Products and Services and credit the Customer’s account with the net proceeds of the sale (after deduction of all repossession, storage, selling and other costs) or may retain any repossessed Products and Services and credit the Customer’s account with the invoice value thereof less such sum as KS reasonably determines on account of wear and tear, depreciation, obsolescence, loss or profit and costs. 2.4 Where Products and Services are retained by KS pursuant to clause 7.3 the Customer waives the right to receive notice under s-1120 of the Personal Property Securities Act 1999 (“PPSA”) and to object under s.121 of the PPSA. 2.5 The following shall constitute defaults by the Customer: 2.5.1 Nonpayment of any sum by the due date. 2.5.2 The Customer intimates that it will not pay any sum by the due date. 2.5.3 Any Products and Services are seized by any other creditor of the Customer or any other creditor intimates that it intends to seize Products and Services. 2.5.4 Any Products and Services in the possession of the Customer are materially damaged while any sum due from the Customer to KS remains unpaid. 2.5.5 The Customer is bankrupted or put into liquidation or a receiver is appointed to any of the Customer’s assets or a landlord detains against any of the Customer’s assets. 2.5.6 A Court judgment is entered against the Customer and remains unsatisfied for seven (7) days. 2.5.7 Any material adverse change in the financial position of the Customer. 2.6 if the Credit Repossession Act applies to any transaction between the Customer and KS, the Customer has the rights provided in that Act, despite anything contained in these terms and conditions of trade.
3. WARRANTY 3.1 Manufacturer’s warranty applies where applicable. 3.1.1 Any written warranty that KS provides to the Customer will also form part of these terms and conditions of trade. 3.2 Warranties offered by the KS do not cover acts of God, and other circumstances beyond the reasonable control of the Company including (without limitation) any act (whether criminal or otherwise) by any third party.
3.3 Any warranty offered by the KS shall become null & void if payment for those goods or services, or future additions or service to them, becomes overdue. Notification of the cessation of the warranty is not required to be given by the Company.
3.4 KS will not be liable to the customer for any damage, loss, or injury caused due to the misuse, malfunction, failure, inadequate coverage, poor installation techniques or poor system design of the goods supplied. In particular, alarm systems are installed only as a deterrent against would-be criminals and not as a means of property or personal protection or insurance.
3.5 Any equipment that is covered under warranty by KS may only be serviced altered or adjusted by KS. If equipment supplied by KS is in any way tampered with, adjusted, or serviced (other than in their normal day to day use) by any other person or company then any warranty offered will immediately become null and void.
4. PRE-CONDITIONS TO PROVIDE MONITORING SERVICES: 4.1 KS shall not be required to provide monitoring services to Client until it has received: a. A fully signed copy of the Client Contract. b. Valid test signals from the Client’s Equipment.
5. ACCEPTANCE 5.1 Any instructions received by KS form the Client for the supply of services shall constitute a binding contract and acceptance of terms and conditions contained herein.
6. CONSUMER GUARANTEES ACT 6.1 The Guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Client acquires services from KS for the purpose of a business in terms of section 2 and 43 of that Act
7. LIABILITY 7.1 The Consumer Guarantees Act 1993, the Commerce Act 1986, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon KS which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on KS, KS’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute. 7.2 Except as otherwise provided by clause 7.1 KS shall not be liable for: 7.2.1 Any loss or damage of any kind whatsoever including consequential loss whether suffered or incurred by the client or another person and whether in contract, or tort, or otherwise and whether such loss or damage arises directly or indirectly services provided by KS to the Client; and 7.2.2 The Client shall indemnify KS against all claims any loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of KS or otherwise, brought by any person in connection with any matter, act, omission, or error by KS its agents or employees in connections with the services.
8. PAYMENT 8.1 Subject to clause 8.5 below, and unless otherwise agreed to, payment for services shall be made in full on or before the 20th of the month following the date of the invoice (“the due date”). 8.2 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month. 8.3 Any expenses, disbursements, and the legal cost incurred by KS in the enforcement of any right contained in this contract shall be paid by the client, including any reasonable solicitor’s fees or debt collection agency fees. 8.4 Receipt of a cheque, bill of exchange, or other negotiable instruments shall not constitute payment until such a negotiable instrument is paid in full 8.5 A 50% deposit will be required. 8.6 Unless agreed otherwise in writing, the terms of payment are: 8.6.1 Monitoring Services – Monthly advance – 7 days from the date of invoice 8.6.2 All other services to Non-Monitored customers – 7 days from the date of invoice 8.6.3 All other services to Residential monitoring clients – 7 days from the date of invoice. 8.7 In accepting any payment from the customer, KS will not be bound by any condition or qualifications of terms that the customer attaches to such payments. Any payments expressed to be in a full and final settlement will only be accepted by KS as such if KS communicates its specific acceptance in writing to the customer of those terms otherwise, any payment will only be accepted as part payment of the total debt owing to KS.
9. DISPUTES 9.1 No claim relating to services will be considered unless made within seven (7) days of completion of the services.
10. MONITORING SERVICES 10.1 Monitoring Services will not commence until a monitoring connection has been established and verified from the site and all sections of the agreement have been completed and accepted. 10.2 Any expense associated with any Emergency Services Request Action provided to Client including charges made by fire service or police must be paid by Client directly to the specific emergency services requested. 10.3 False Alarm Activations: The Client shall indemnify KS for all the losses damage costs and expenses suffered or incurred by KS in respect of a False Alarm Signal including charges for a service call, patrol service fees, and fees imposed by emergency services. 10.4 If the Client moves premises and wishes to take any KS Equipment with it to new premises, KS will, at the Client’s request. The Client shall pay KS for the cost of removing and re-installing the Equipment in accordance with KS usual labour rates as applicable at the date of request. KS will not be liable for any costs relating to any damage in the process of removing equipment from the premises.
11. CANCELLATION & CHANGES TO CONTRACTUAL ARRANGEMENT 11.1 Unless it is a fixed-term contract the client may cancel the contract but only after giving KS one months’ notice in writing of the client’s intention to do so. 11.2 If the Client cancels the fixed-term contract before the expiry date of the fixed-term contract, then the client will immediately be liable for the full amount due under the contract should the contract have run its full course. 11.3 Any Alterations to contractual arrangements or additional services required must be notified to KS in writing and considered at their discretion.
12. MISCELLANEOUS 12.1 KS shall not be liable for delay or failure to perform its obligations if the clause of the delay or failure is beyond its control. 12.2 Failure by KS enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations KS has under this contract.
13. PERSONAL INFORMATION
13.1 By entering into this agreement, you agree that unless indicated otherwise, we may forward to you from time to time promotional material and information regarding any of our security goods and services. 13.2 We collect your personal information for the purpose of providing you with the services under this agreement and information regarding our security products and systems in accordance with relevant legislation. We may disclose your personal information to other organizations that assist us in the provision of these services including relates bodies corporate, subcontractors
14. CONSUMER LEGISLATION
4.1 Where the provisions of the Consumer Guarantees ACT 1993 apply, these terms will be read subject to the application of the Act, and in the case of any conflict, the provisions of that Act will apply. Where the customer is a business (as “business” is defined by the Consumers Guarantees Act 1993), it agrees that it is acquiring all equipment and services from the Company for the purposes of a business and that the Consumer Guarantees Act 1993 does not apply.
15. ACCEPTANCE AND DURATION
15.1 By engaging the services of KS, with either verbal or written consent, it must be assumed that the customer has read and accepts these terms of trade.
15.2 These terms of trade shall remain in place between KS and the customer for as long as the customer is in usable possession of the goods or services.