Terms and Conditions
Access to this website is granted by Cowley Security Australia Pty Ltd (“Cowley Security Australia”) subject to the following conditions. If you do not agree to any of these conditions, please discontinue your access.
- The Company refers to Cowley Security Australia Pty Ltd. It may also refer to Australian Security & Fire a subsidiary of Cowley Security Australia Pty Ltd.
- Unless previously withdrawn the Company offer is valid for 30 days from the date hereof and shall be accepted by the Purchaser signing the Security Agreement and delivering it to the Company or its authorized representative.
- Unless these terms and conditions are amended in writing the agreement between the parries shall be on the terms and conditions set out herein and subject to legislation to the contrary the Security Agreement and these terms and conditions shall constitute the whole of the agreements and understanding between the Company and the Purchaser.
- The equipment is the equipment described in the Security Agreement.
- The price quoted is based on the work being carried out during normal working hours 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.
- 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 price by such amount as it deems necessary to take account of such increased costs.
- In the event of the Purchaser seeking to vary 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 is to be supplied and the price or prices of such variations. The Company reserves the right to refuse to perform any such work or supply further or other equipment.
- The Purchaser shall pay a minimum deposit of 20% of the price quoted upon accepting this Security Agreement and the balance of the purchase price shall be payable on installation of the equipment. Progressive payment invoices may be issued by the Company for work done.
- Until payment in full of the purchase price, ownership of the equipment will remain with the Company and will not pass to the Purchaser who will hold the equipment as bailee for the Company. If the Purchaser defaults on any payment for the equipment then the Company shall have the right in its absolute discretion and without notice to enter upon the Installation Address and remove and dispose of all or any of the equipment whether installed or not, and the Company shall not be responsible for any damage to or at the Installation Address arising in the course of such removal or for any loss arising from the disposal
- From the time of delivery of the equipment to the Purchaser’s premises the equipment shall be at the Purchasers risk absolutely.
- Any specialized equipment or time attention required specifically for the sites occupational health and safety policy will be either supplied by the client or charged for as an extra.
- (i) All monitoring must be paid for prior to the monitoring period commencing. (ii) The Company requires is the Purchaser to provide an approved Telecommunications carrier connection point to interface the equipment into the appropriate Telecommunications carrier network. .The connection fees will be at the Purchaser’s expense. (iii) 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 the Telecommunications carrier equipment.
- The Company does not represent that a patrol response is a full time service available in all areas.
- The cost of the monitoring service may be increased in line with increases in the consumer price index or Telstra fee increases.
(i) Cancellation within the monitoring period will result in the full term of services to be paid for.
- (i) The monitoring service may be terminated (a) If a fixed term agreement with buyout option is selected, buyout of the remaining monitoring term is required. (b) By either party giving the other 3 months’ notice in writing of intention to terminate: or. (c) By the Company giving 30 days’ notice in writing of its intention to do so on the failure of the Purchaser to pay, the whole of the amount due within 10 days of the receipt of an Invoice/Statement. (ii) Notwithstanding the above, the Company may, after giving 24 hours’ notice of intention to do so, terminate any contr3c:ed service if: (a) Any equipment owned by the Purchaser develops a fault: or. (b) Purchaser induced faults are deeded by the Company to diminish the Company’s effectiveness in providing services for other clients of the Company.
- Upon termination of the agreement for whatever reason the Company may enter the Purchaser’s premises and remove the control equipment or any part thereof owned by the Company and the Company shall not be liable for any loss or damage to the premises arising in the course of such removal.
- If termination does occur the capital purchaser is responsible to disconnect the plug from the Telecommunications socket
- The Company requires the Purchaser to provide a 24 hour, 240 volt AC GPO mounted near the control equipment for the equipment and working phone line.
- Future testing of all equipment installed, supplied or serviced by the Company is the responsibility of die Purchaser and periodic (at least weekly) tests of the alarm system including siren and reporting functions are to be carried out by the Purchaser to ensure that these and all other functions are operational.
- The equipment is not regarded as being ready for use until the Company has commissioned the system.
- Subject to the provisions of the Trade Practices Act (‘the Act’) the liability of the Company for a breach of any condition or warranty implied by Division 2 of Part V of the Act shall be limited, in the case of goods to the replacement of the good, or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired at the option of the Company, or in the case of services, to the supplying of the services again, or the payment of the cost of having the services supplied again at the option of the Company
- Subject to legislation to the contrary and to paragraph 22 hereof:
(i) The Company shall not be liable for any loss, damage or injury howsoever caused including but not limited to loss, damage or injury caused by any negligent act, omission or statement of the Company, or its servants or agents. (ii) The Purchaser will indemnify the Company in respect of any claim made against the Company by a third party for any such loss, damage or injury as aforesaid.
- The Company shall not be liable for loss, injury or damage suffered by the Purchaser by reason of the Company’s failure to perform its obligations if the failure is due to any cause arising from or attributable to circumstances beyond its reasonable control including but not limited to any act of God, strikes, lockouts or any other industrial disputes, civil commotion, war, fire, explosion, inclement weather, failure or refusal of its suppliers or contractors to supply goods or services or government action.
- 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.
- 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.
- The goods detailed in this Security Agreement are supplied with a warranty of three months free labour and a minimum of twelve months component warranty (depending on the component) from the initial date of installation. Components within their respective warranty will be repaired or replaced at the discretion of the Company in accordance with the manufacturer’s warranty conditions.
- The Company is not responsible to supply substitute equipment whilst the original equipment is under repair or replacement.
- All warranty, service and maintenance calls will be carried out between the hours of 8.00 am and 5.00 pm Monday to Friday excluding Public Holidays. Any calls outside these hours will be charged for at the penalty rates charged by the Company.
- No warranty is implied or given on equipment or goods supplied, installed or serviced by another company even if previously serviced by the Company Deposit
- A deposit equaling 20% (including GST) of the quoted price shall be required at the time of signing this Security Agreement and the receipt of die deposit monies by the Company shall not constitute an acceptance of the Security Agreement by the Company until such time as the Purchaser has passed the Company’s credit criteria.
- The failure of the Company to enforce at any time any of the terms and conditions hereof or any right arising thereunder shall not be construed as a waiver of the same, or of its right there after to enforce at any time each and every provision hereof.
- The Security Agreement, 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 l aw of the State of Victoria and the parties submit to the jurisdiction of the Courts of that State which shall have the exclusive jurisdiction to determine any dispute between the parties vising under such documents, contract or agreement.
- Should any term hereof 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 combined herein and shall not affect the enforceability or validity of any other term hereof.
Links to Other Websites
- Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
- The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
- We h4ly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Changes to These Terms and Conditions
- We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
- By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
By email: email@example.com
By visiting this page on our website: www.cowleysecurity.com.au/contact-us/