Terms and Conditions of Trade
TERMS & CONDITIONS OF TRADE
In these Terms & Conditions of Trade:
“The Company”, “we”, “our” and “us” means ALARM & CAMERA WAREHOUSE LTD, our permitted assigns and successors, and where the context permits shall include our employees and subcontractors
Alarm & Camera Warehouse Ltd is a Registered New Zealand Company
Alarm & Camera Warehouse Ltd is The Company who own and operate the following Online Shops: www.alarmwarehouse.co.nz, www.securitycameras.co.nz, www.smartproducts.co.nz, www.centralvacuumwarehouse.co.nz
Alarm & Camera Warehouse Ltd also owns and operates a number of Landing Page type Websites
Alarm & Camera Warehouse Ltd supplies all Equipment and provides all Warranties.
“The Customer” means the person, firm or company who has purchased Goods and / or Services from the Company,
“The Equipment” means the equipment purchased from the Company
“Services” means any Services purchased from the Company and may include Alarm Monitoring provided by third party providers such as Alarm Watch
1. TERMS OF SUPPLY
The Company or its agents agree to sell, and The Customer agrees to purchase the Equipment and or Services for the price stated on the website and on the terms and conditions hereinafter appearing.
All Prices on the Company Websites include GST
Freight is added to all Website Prices if the purchase amount is under a minimum dollar value, currently $150 but is subject to change
Freight is only free within the North and South Islands of New Zealand; other destinations will have Freight added irrespective as to the amount
No contract for the supply and if applicable installation of Equipment or for Maintenance, Monitoring or Servicing shall be made except on these Conditions of Purchase and any terms proffered by the Customer are hereby excluded.
If a Verbal or written Quotation has been provided then the Quotation remains open for acceptance for two months from the date of the quotation, unless earlier withdrawn by the Company.
Alarm Monitoring Contracts and Alarms that are paid off over a Specified time period may be cancelled by The Company if the Customer fails the Companies Credit Requirements. In this situation The Company will provide notification in writing to the Customer and refund any deposit payments made by the Client
2. STANDARDS / APPROVALS OF THE EQUIPMENT
All Products listed on our websites comply with New Zealand Standards and are approved for use in New Zealand by the appropriate authorities, and all have a Valid New Zealand based Warranty.
3. PHONE SUPPORT & FAIR USAGE
All DIY products sold on our websites include Free Phone Support, and are subjected to the following Fair Usage Conditions:
Free Phone Support is provided on the basis that the Purchaser or the Installer installing the equipment is competent to install and program the equipment and has a basic knowledge of how the equipment operates.
Free Support is limited to a Maximum of 12 Minutes of Phone support. If more support is required, then all extra minutes will be invoiced at the prices listed on www.alarmwarehouse.co.nz.
We ONLY provide Free Phone Support to our Customers; if non-Customers require Phone Support, then they will be charged on a per minute basis at at the prices listed on www.alarmwarehouse.co.nz. This is payable by Eftpos, Debit or Credit Card.
4. RISK
The risk of any loss, damage or destruction to the Equipment shall pass to the Customer from the date on which the Equipment is dispatched to The Customer. If the damage, destruction or loss occurs prior to the risk passing to the Customer, the Company may promptly repair or replace the equipment or cancel the contract in respect of that equipment without penalty or compensation being payable to the Customer.
5. EQUIPMENT PRICE
The Equipment Price is based on the costs of labour, materials, freight, insurance, customs duties, exchange rates and other levies and charges. If the Company is unable to supply any particular item of Equipment within 10 working days of purchase, then The Customer will be refunded in full.
If the Company is unable to supply any particular Service purchased within 15 working days of the specified installation date, then The Customer will be refunded in full.
6. PAYMENT OF EQUIPMENT PRICE AND / OR ANY ONGOING SERVICES
The Customer must pay by Credit Card, Direct Credit or Bank Transfer.
Where Equipment or Services have been installed or provided by The Company payment (or where progress payments have been made, the final balance thereof) shall be made on the date on which the installation of the Equipment is completed, unless different payment terms have been agreed
Ownership of the Equipment shall remain with the Company until such time as the Equipment is paid in full and if such payment is not made pursuant to the terms hereof the Company shall, without prejudice to its other rights and remedies be entitled to repossess the Equipment and hold it until payment in full has been received, or at the Company’s discretion re-sell the Equipment and recover any deficiency on resale plus the costs of repossession from the Customer.
The Customer irrevocably authorizes The Company to enter its premises by any means to repossess the equipment.
The Customer is bound to this Agreement and must pay all costs involved (including but not limited to the costs of repossessing the equipment and arranging and executing collection of the said equipment)
7. PAYMENT FOR ALARM MONITORING
Where an Alarm Monitoring service is provided by and charged by a third-party provider then the Contract of the Alarm Monitoring Provider takes precedence over these terms and conditions.
Where Alarm Monitoring is charged by The Company then the ongoing monitoring costs are invoiced in advance and must be paid in the by the end of the current Month.
At the end of the contract term the contract will automatically roll over as per this agreement.
8. PRIVACY ACT – USE OF INFORMATION
When the Company is providing Credit to a Customer, The Company or its agents may:
Obtain personal credit information from a credit reporting agency for the purpose.
Disclose any information provided by the Customer to a credit agency and make any other enquiries necessary to establish the Customer’s credit worthiness, including obtaining information regarding the Customer’s financial position.
The Customer agrees that all information that they give the Company is correct and the Customer has the right to ask the Company what information the Company holds and can correct that information if any of it is incorrect.
The Customer agrees that information the Company holds can be used by the Company for any purpose in connection with the Company providing the services to the Customer.
The Customer agrees that information the Company holds can be used for marketing purposes by the Company.
9. INSTALLATION AND FACILITIES
If the Customer has purchased Installation services from The Company, The Customer will provide the Company with unrestricted access during normal business hours or hours as agreed for the purpose of installing the Equipment. The Customer shall provide at its own cost the uninterrupted use by the Company such, light, electricity, power, and other facilities as may be reasonably required by The Company, including the use of telephone and goods and passenger lifts, Scissor Lifts, hoists and builders scaffold, if such facilities exist.
10. OWNERSHIP
Ownership of any Products passes to the Customer once The Company has received payment in full for the Product and it has been dispatched on the Courier or delivery Vehicle
When The Customer Finances a Product or Service through a Third Party Finance or Lease Agreement then The Finance or Lease Provider will have Terms and Conditions that the Customer will have to agree to.
11. WARRANTY
For the Warranty period specified for each individual product on this website The Company’s liability of any defects or faults in the Equipment shall in all cases be limited to replacing, repairing or correcting such defects or faults provided that The Customer notifies The Company of such defect of fault within five (5) working days of the fault becoming apparent and provided that such defect or fault does not arise from negligence, misuse or vandalism in relation to the Equipment.
DIY products damaged by poor or incorrect installation techniques are excluded from all warranties as are malfunctions attributable to the incompatibility of the Equipment purchased when connected to any existing Equipment.
Damage caused by Lightning Strikes, Power Surges, Accidents, Water Damage and “Acts of God” are excluded from all Warranties
The Company may, at its option, repair or replace any defective parts of the Equipment.
The Warranty does not include labour costs for removing and reinstalling equipment, nor does it include inwards freight costs, however The Company will freight the product back to the Purchaser free of charge.
If you have a Labour Warranty where The Company has installed the products then this Warranty period is for 12 Months, unless specified differently.
If you are a ‘Consumer’ as defined in any Consumer Guarantees Act, then you may have rights under that Act. Those rights will be in addition to anything set out in these terms. Any of these terms which have the effect of contracting out of that Act shall be of no effect.
12. EXTENDED WARRANTY
Where the Customer finances a product or service through a Lease or Finance Agreement then The Company recommends that The Customer signs an Extended Warranty with the Finance Provider to cover any warranty issues during the Finance Term.
13. DELAY
The Company shall not be liable for any delay in performing its obligations hereunder or losses or damages in respect of the Equipment caused directly or indirectly by weather conditions, labour, robbery, dispute, strike, lockout, accident, fire, act of God, shortage of fuel, power, raw materials or labour, civil commotion, riots or any other event (whether of a similar nature to the foregoing or not) beyond The Company’s control, or due to any act to omission of The Customer, or its servants or agents.
14. ALARM SERVICING, INSTALLATION & ON-SITE TECHNICAL SUPPORT
When Alarm Warehouse provide Alarm Installation, Servicing and On-Site Technical Support by our New Zealand Based Installation & Servicing Team:
We charge for the First Hour on site which includes travel provided the site is within the City / Town Boundary
Where the site is outside of the City / Town Boundary that the Technician lives in then an extra Travel Charge will be made, this is charged on a per Kilometer basis to and from the site and is based on Government rates.
Where a localized Fuel Tax or Vehicle Usage Charge has been instituted by the Government OR a Local Body then a sur-charge may be added to site visit charges.
Subsequent hours or part thereof spent onsite are charged in 15 Minute increments
15. ALARM MONITORING
In consideration of any Alarm Monitoring Services provided for, The Company or its agents shall provide to The Customer a continuous monitoring service. The Customer acknowledges that while Monitoring Stations have redundancy and operate to an industry standard of 99.95% availability very occasionally Acts of God occur to prevent a continuous service being provided.
The Customer acknowledges that in the case of Alarm Monitoring Services the signals are transmitted over telephone lines or Cellular links and if the service is out of order, disconnected, suspended, call blocked, cut or otherwise interrupted the Monitoring Station will not receive the signals during any such interruption and the interruption will not immediately be known to the monitoring centre.
“Monitoring” includes monitoring of all devices installed with the purpose of raising an alarm including but not limited to Security, Medical, Safety, Personal and Fire.
The Customer acknowledges that Alarm Equipment, including equipment with a backup Battery relies on a direct supply of electricity and if such becomes unavailable the equipment will cease to operate at some time, and further acknowledges that the electricity supply is wholly beyond the control of The Company.
16. RESPONSE
Where an Alarm is Monitored the Monitoring Station shall respond to calls received from the Equipment by making such telephone calls as may be required in accordance with The Customer's advance written instructions and carrying out such other services as shall have been arranged between The Company and The Customer including dispatching the appropriate response service.
The Customer acknowledges that The Company does not employ or directly provide Response Services and The Company makes no warranties or representations with respect to response times or performance and The Customer agrees to indemnify The Company against any claims arising out of any Response Service.
The Customer acknowledges that they are responsible for all charges for Response including but not limited to Security Patrols, Fire, Ambulance, Emergency Rescue Services and any other emergency or rescue services, these charges are in addition to the monitoring cost.
Where a Monitoring Station is providing Response services to The Customer, The Customer agrees that they will pay the charges for all Responses within 7 days of invoice.
17. EXCLUSION OF LIABILITY
Notwithstanding anything otherwise contained in these conditions, The Company shall not be liable (whether in contract, tort, (including negligence) or in any other manner whatsoever) for any loss or damage (whether direct, indirect or consequential) suffered by The Customer or any third party in relation to the Equipment or Services or The Customer's use thereof, whether due to the negligence of The Company or its servants or agent, or any breach by The Company of any term of provision expressed or implied herein or arising otherwise howsoever, and where The Company undertakes maintenance, servicing or monitoring, The Company shall not be liable for any failure of The Company or its agents for the carrying out of any instructions of The Customer.
It shall be The Customer's responsibility to arrange insurance cover in respect of the Equipment, and to arrange insurance cover in respect of any loss or damage The Customer may suffer as the result of any failure of the Equipment to operate correctly, or any negligence or breach of any term expressed or implied herein by The Company or its servants or agents.
The Company shall not be liable in respect of any professional advice which may be given in relation to the Equipment which is given in a negligent manner or is incorrect in any respect, and The Customer acknowledges that it has relied solely on its own judgement in relation to its requirements in respect of Equipment and the adequacy of the Equipment to carry out the purpose for which it was intended.
The Customer agrees that no claim or allegation shall be made against any servant or agent of The Company which attempts to impose upon any of them any liability whatsoever in connection with the Equipment, its operation or function, the carrying out of any service inspections, the monitoring of calls, the performance or non-performance of The Customer's instructions or any advice or information given by them, and if any such claim or allegation should be nevertheless made, to indemnify The Company and any such servant or agent against all consequences thereof. It is hereby expressly agreed and declared that all provisions limiting or excluding the liability of The Company herein contained shall be for the benefit of all servants, agents, contractors and subcontractors of The Company.
Notwithstanding the foregoing, if The Company shall be found to have any liability to the Customer it is agreed and acknowledged that any liability shall not exceed the price of the relevant equipment and/or services purchased from The Company.
19. DEFAULT
If The Company has undertaken maintenance, provided goods or services or monitoring services:
If The Customer shall commit a breach of any provision of this agreement (whether consisting of failure to pay any moneys due to The Company or otherwise) then without prejudice to The Company's other rights and remedies, The Company may elect to give notice to The Customer declaring that all unpaid instalments for the balance of the Term or any renewals thereof as the case may be are forthwith due and payable, and The Customer hereby agrees to pay immediately to The Company all such unpaid instalments.
If after receiving notice from The Company requiring payment of the balance of any Service Charges The Customer shall pay the full amount of the sum or sums specified in the notice, they shall then be entitled to ongoing services for the respective balances of the Agreement Term.
In addition to or in lieu of taking one or more of the actions aforesaid The Company may terminate any services without notice and recover from The Customer any damages which The Company may have suffered by reason of The Customer's breach or default or by reason of the termination of this agreement.
If at any time The Customer is in breach of any obligation on his part hereunder, The Company's obligations hereunder shall be suspended from the date of such breach occurring.
If at any time the Customer is in default under this agreement, then The Company shall be empowered as follows:
The Company may recover All the Equipment initially supplied to the Customer and claim all amounts for any missing and damaged equipment, a depreciation expense of 20% per year, the debt owed by The Customer as well as the Companies costs or expenses (including actual legal costs and expenses) arising from the default or non-performance by The Customer.
The Customer agrees that they are responsible for all debt collection costs incurred by The Company in remedying the default
The Customer shall pay penalty interest at the rate of 2.0% per month (calculated on a daily basis until the account is paid in full)
20. PERSONAL PROPERTIES SECURITIES ACT 1999 (PPSA):
Full legal ownership of the equipment does not pass to the Customer until full payment has been made to and received by The Company. Until that time The Customer acknowledges and agrees that a security interest is taken in all the equipment supplied by The Company to The Customer.
The Customer undertakes to sign any further documents and provide any further information The Company may reasonably require registering a financing or financing charge statement on the PPSR and waive their right to receive a verification statement in accordance with section 148 of the PPSA
21. CONSTRUCTION CONTRACTS ACT 2002
The Customer Acknowledges that:
The Company has the right to suspend work within five working days of providing the Customer written notice of its intend to do so if a payment claim is served on the Customer and the Payment has not been paid in full by the due date or no satisfactory Payment schedule has been given by the Customer, or a scheduled payment amount has not been made.
If the Company suspends work, then it is not in breach of contract and is not liable for any loss or damage whatsoever suffered by the Customer or by any person claiming through the Customer and is entitled to extensions of time to complete the work and retains its rights under this agreement including terminating the agreement.
If the Company exercises the right to suspend the Works, the exercise of that right does not affect any rights that would otherwise have been available to the Company or entitle the Customer to exercise any rights that may otherwise have been available to the Customer as a direct consequence of the Company suspending the Works.
22. ASSIGNMENT
This agreement and any of The Company's rights and obligations under this agreement may be assigned or subcontracted by The Company without the prior consent of the Customer.
The interest of The Customer under the Agreement shall be transferable only with the written consent of The Company firsthand and obtained which consent may be withheld by The Company for any reason.
23. MEETING OUR DUTIES THROUGH AGENTS
We may have an agent perform any of our obligations and duties to you. Each agent and their officers and employees shall have the benefit of any terms that confer benefits to us and they shall provide to you the service as outlined in these terms and conditions
24. ENTIRE AGREEMENT
The Agreement contains the whole of the terms of the agreement between the parties hereto and all other terms, conditions and warranties which might otherwise have been implied or have had any application are hereby to the extent permitted by law expressly excluded.
25. INTELLECTUAL PROPERTY
The sale of any equipment or services shall not, unless expressly agreed in writing, give The Customer the right to use, sell, disseminate or duplicate The Company's trademarks, copyright designs or any other intellectual property rights.
26. NOTICES
All notices to be given under the Agreement shall be signed by or on behalf of the party giving such notice and shall be served by email, and any such notice shall be deemed to have been duly given on the date of the email.
27. VARIATIONS
No variation of the terms of this Agreement shall be binding on The Company or The Customer unless in writing signed by or on behalf of both parties.
28. CUSTOMER INDEMNITY/WARRANTY
The Customer will indemnify The Company for any physical, direct and indirect damage, economic loss or other loss or costs or expenses (including actual legal and lawyer/Customer costs and expenses) to The Company or any other person, and will fully indemnify the Company against any claim or proceedings against The Company (or any of its agents or employees) or arising from an Event of Default in respect of any equipment and / or services acquired by The Customer from The Company.
29. WAIVER
No delay or failure to act is a waiver. No waiver is effective unless it is in writing. Any waiver of a breach so given is not a waiver of any other breach.
30. PRODUCT INFORMATION
All images are representative only. The Company reserves the right to make changes to Products to reflect current models and designs.