CheapAlarmParts.com.au
Professional Security Systems at Wholesale Prices!
a Division of Technology
Matters!
Terms and Conditions of Business:
1. DEFINITIONS and interpretation
1.1 “Agreement” means the agreement between the customer and Technology Matters
of which these terms and condition form part.
1.2 “Goods” and “system” includes all hardware and software goods that
Technology Matters has agreed to install, repair, program or maintain.
1.3 “Technology Matters” means Technology Matters ACN 74 530 185 295 and its
employees, agents, sub-contractors, any person working in its business.
1.4 "Service provider" means any other company providing services for the said
installation, (for example, Telstra) including their employees, agents,
sub-contractors, any person working in its business.
1.5 “Services” includes, but is not limited to installation fees, programming
fee, sales fees and charges and service fees.
1.6 “You” “he” “she” “customer” means the person or company named as the
customer on the order or quote, making payment for or accepting the goods or
services.
1.7 Headings in these terms and conditions are for the ease of reference only
and do not affect their meaning.
1.8 A reference to the singular includes the plural and a reference to any
gender includes any other gender.
2. ACKNOWLEDGEMENT:
2.1 The customer acknowledges that he/she has selected the alarm equipment to be
installed at his/her legally occupied premises, according to his/her sole
assessment of his/her risks and requirements, and is fully aware of the
limitations of the equipment.
2.2 The customer agrees that Technology Matters shall not be liable for any
claims or losses of any kind whatsoever, including, but not limited to, damage
to property, injuries to persons which may result directly or indirectly from
the installation of, failure of, design of, operation of, programming of, or
repairs to the equipment. The customer indemnifies Technology Matters against
any claims that may so arise.
2.3 The Customer agrees to arrange installation of the equipment by fully
qualified and licensed tradesmen according to the laws and jurisdictions of the
state where the equipment is to be installed.
3. PAYMENT/TRADING TERMS
3.1 Unless otherwise stated in writing, payment for goods supplied shall be made
in full before dispatch of those goods whether purchased directly from
Technology Matters, or via a Internet-web based ordering system, online auction
or otherwise.
3.2 Technology Matters reserves the right to place orders on hold until previous
outstanding accounts have been settled.
3.3 If the customer fails to pay for the goods or services within 14 days,
Technology Matters reserves the right to charge interest on any outstanding
balances at the rate of 29.5% percent per annum commencing Seven (7) days from
invoice date.
3.4 Technology Matters reserve the right to recover the full costs involved in
the recovery of any amounts overdue (including all legal costs and expenses or
otherwise).
3.5 Where completion of the installation, supply of goods or programming is not
possible due to building delays, service provider delays, manufacturing delays
or any other delays whatsoever, the customer agrees to pay Technology Matters a
fee in proportion to the work carried out as well as for all equipment installed
and/or purchased for the said order.
4. PRICE VARIATION
4.1 The customer shall pay all additional charges for additional hardware or
services not covered by the Agreement.
4.2 Technology Matters reserves the right to re-negotiate the charges with the
customer following any changes or additions to the system or the services
provided under the Agreement.
4.3 Technology Matters reserves the right to vary prices without notice in
accordance with variations in charges, duties, transportation costs, labour
rates, suppliers costs etc.
4.4 If an increase is necessary because of factors beyond the control of
Technology Matters, such as service provider charges etc., the customer agrees
to reimburse Technology Matters for such increases from the time such increases
become applicable.
4.5 Technology Matters reserves the right to vary prices and delivery charges in
any online auctions listings.
4.6 Quotations are valid for 30 days.
5. CONFIDENTIALITY
5.1 The customer and Technology Matters shall treat any information received,
implied or otherwise accessed from the other party, which is not accessible by
the public, as confidential.
5.2 These terms and conditions and the Agreement shall remain confidential and
will only be disclosed to those with a need to know, or as may be required by
the law.
6. RETENTION OF TITLE
6.1 Title to and property in the goods provided by Technology Matters to the
customer shall remain with Technology Matters until such time as the goods, and
all related services, have been fully paid for by the customer to Technology
Matters.
6.2 Notwithstanding any other clause contained herein the risk in all goods
shall pass to the customer immediately upon the dispatch of goods from our
business address and all goods must be paid for notwithstanding the destruction
thereof or any damage thereto however caused.
6.3 In the event of the customer not paying for the goods within the
above-mentioned terms, Technology Matters hereby are irrevocably authorised to
enter the premises of the customer and re-possess those goods and any other
goods in the customer’s possession the property in which is vested in Technology
Matters. The customer shall still remain liable for all services performed on
the equipment computer system up to and including the day of repossession of the
goods. In addition, the customer shall also be liable for a rental fee for the
goods equivalent to 1/6th of the original invoice amount for the same for each
month or part thereof during which the customer shall have had possession of the
goods.
7. WARRANTY
7.1 Subject to clauses 7.3 to 7.17 inclusive every piece of equipment supplied
by Technology Matters and sold to the customer is warranted by the manufacturer
against defect as set out in any Warranty form provided upon delivery. All
peripherals are warranted against defect according to the terms as set out by
the manufacturer. Peripherals are defined as all items external to the main
control panel.
7.2 All components supplied separately are warranted against defect according to
the terms as set out by the relevant manufacturer.
7.3 This agreement does not cover installation of hardware or firmware upgrades
required after the time of purchase.
7.4 Unless expressly given in writing, no warranty whatsoever applies to
second-hand equipment.
7.5 Should the use by the customer of the system or any items forming part of
the system exceed the design parameters of the system any warranties set out
herein or otherwise implied by law shall not be applicable.
7.6 Technology Matters will not be responsible for the compatibility (or
incompatibility) of any item of equipment or software not supplied or
recommended in writing by Technology Matters.
7.7 Warranty is strictly a back-to-base service. All equipment must be returned
to the business address of Technology Matters before any warranty matter will be
dealt with.
7.8 Transportation costs of goods are not covered by any warranty.
7.9 Postage and/or courier costs of any goods returnable to the customer after a
repair or replacement must be paid for by the customer before any warranty
matter will be dealt with.
7.10 This warranty is personal to the customer and shall only apply if the
equipment has been:
(a)Subject to normal usage (b)Been maintained as recommended (c)Installed by a
Security Licence Holder. (e)Used in an environment as recommended by the
manufactures.
7.11 Warranty work may be charged for, or refused, if: (a)The equipment has been
tampered with or repaired by unauthorised persons. (b)Subject to any abnormal
usage. (c)Outstanding account balances have not been paid in full.
7.12 Failure of the equipment due to outside circumstances such as service
provider faults, lightning, power surges, incompetence, malicious damage,
animals & rodents, war, floods, acts of terrorism and other major disasters
etc., will not be covered by this warranty.
7.13 Silver foil tapes are not covered by this warranty.
7.14 Folding keypad covers, doors and other lids are not covered by this
warranty.
7.15 This warranty applies only to new equipment specifically set out in the
order and supplied by Technology Matters.
7.16 The liability of Technology Matters shall be limited to the repair or
replacement of the faulty equipment (at Technology Matters sole option).
8. LIABILITY
8.1 Technology Matters shall not be liable to the customer or to any other
person whomsoever for any loss or damage whatsoever or howsoever caused arising
directly or indirectly in connection with the goods (or any of them), part of
the goods or otherwise, other than as expressly set out in these terms and
conditions or imposed by statute in terms of which it is not possible to limit
or exclude liability.
8.2 The liability of Technology Matters for any loss for which it is liable
under the above clause 7.1 shall be limited to the price or licence fee or other
sum paid by the customer to Technology Matters for the goods, licence or service
from which such loss or damage directly arose.
8.3 Technology Matters shall not be liable for any indirect, consequential or
incidental damages including loss of revenue suffered by any party arising out
of or in any way connected with the goods, system or services the subject of the
agreement between the customer and Technology Matters.
8.4 Technology Matters will not be held responsible for any service provider
charges generated by the equipment during normal or abnormal operations,
incorrect programming or for any other reason whatsoever.
9. PRODUCT RETURNS
9.1 Sales are final and no returns of goods are accepted unless the following
applies:
9.2 All returns of goods MUST: (a) Be authorised in writing by the Financial
Controller of Technology Matters and (b) Be within 7 days of original invoice
date and (c) Be a regularly stocked item and (d) Not be used and must be sealed
in its original packaging and in 100% saleable condition.
9.3 Any refund is given in the form of a credit.
9.4 Due to licensing requirements, no software returns are accepted.
9.5 Items that have been pre-programmed can not be returned.
9.6 “Programming” can not be returned.
10. PROGRAMMING
10.1 Supplied Equipment will be programmed to the manufactures defaults unless
otherwise agreed to.
10.2 All programming remains the intellectual property of Technology Matters,
including all technician, master and management codes and passwords.
10.3 Should any piece of equipment be incorrectly programmed by Technology
Matters, the liability of Technology Matters shall be limited to the
re-programming of that piece of equipment to the customers original
specifications. The item must be returned to Technology Matters under our normal
Warranty conditions for re-programming.
11. WAIVER
11.1 Failure or neglect by Technology Matters to enforce at any time the
provisions hereof shall not be construed nor shall be deemed to be a waiver of
Technology Matters rights hereunder nor shall it in any way affect the validity
of the whole or any part of this Agreement nor Technology Matters’ right to take
subsequent action.
12. SEVERABILITY
12.1 In the event that any or any part of these terms, conditions or provisions
shall be determined invalid, unlawful or unenforceable to any extent such terms,
conditions or provisions or part thereof shall be severed from the remaining
terms and conditions which shall continue to be valid and enforceable to the
fullest extent permitted by the law.
13. WHOLE AGREEMENT
13.1 The Agreement supersedes any arrangements understandings provisions or
agreements made or existing between the customer and Technology Matters prior to
or simultaneously herewith and constitutes the sole and entire agreement between
the parties and except as provided herein no variation, amendment, modification,
or addition to any of its terms shall be of any force or effect unless the same
shall be in writing and signed by and on behalf of the customer and Technology
Matters.
14. PROVISION OF CREDIT
14.1 Technology Matters does not provide credit to its customers.
15. GOVERNING LAW
15.1 This document shall be governed by the laws of New South Wales.
16. NON ASSIGNMENT
16.1 The customer will not assign any of its rights or obligations under the
agreement without the written consent of Technology Matters.
17. COURIERS AND POSTAGE
17.1 Where goods are to be delivered, Technology Matters will employ a Courier
or Postage service to deliver the goods on Technology Matters behalf.
17.2 None of our couriers are common carriers and all goods are accepted for
carriage at the sole risk of the customer.
17.3 Any delivery times given Technology Matters are approximate and are not
guaranteed.