The following terms and conditions are to be read in conjunction with the Security Eyes Australia Pty Ltd offer.
For the purpose of these terms and conditions, “Security Eyes” shall mean Security Eyes Group.
2 Acceptance of Offer
Security Eyes reserves the right to withdraw or amend this Offer. The price quoted is fixed for 30 days from the date of Offer. The Terms and Conditions of Offer are accepted by signing this offer, acceptance in writing or by paying the first invoices/deposit.
The parties agree that the contract amounts are due and payable as follows:
- In consideration of Security Eyes providing the goods and or services which are the subject of this agreement or quotation, the Customer agrees to pay the fees and charges for those goods and or services to Security Eyes and acknowledges that such amounts shall become payable upon the issuing of the invoice from Securityeyes. The Customer acknowledges that any or all liability or obligations of Security Eyes arising under this agreement remains with Security Eyes and shall not pass to Security Eyes.
- 50% of the Contract sum shall be paid as a deposit and due and payable within 7 days of the acceptance of this Offer or prior to placement of any material order or commencement on site.
- On projects that extend over a period of time, Security Eyes reserves the right to request monthly progress payment based on the amount/percentage of work completed, invoiced and due payable within 7 days of the date of the invoice.
- The balance of any mounts due and owing to Security Eyes shall be invoiced and due within 7 days of the date of the invoice. The final invoice will be issued after the proposed scope of works has been completed.
- Please make cheques payable to Securityeyes Australia.
- Security Eyes may include in any invoice the value of work performed, materials used away from the site, and the value of imported goods.
- Security Eyes will not be responsible for storage and/or protection of goods once delivered on site.
- Ownership of the material and equipment delivered and/or installed on site shall not pass to the purchaser until payment in full of such materials and equipment has been received by Security Eyes.
- The parties agree that the full Contract sum, including any additional costs for Variations as adjusted must be paid 7 days after the final invoice has been issued. Security Eyes does not accept any form of cash retentions.
- Any additional work requested by their customer or their representative on site will be treated as Variation to the Contract. The Variation instructions must be in writing signed by the Customer or their representative.
- No variations will be commended until the Parties agree to the additional costs (if any) of the said Variations.
- Variation to the Contract Scope of Works will include additional costs incurred as a direct result of incomplete or defective builders work or other subcontractors on site; additional costs incurred by Security Eyes necessitated by modifications or rework to supplied equipment as a directed result of unsuitable building structures and/or site access; any additional costs and/or Variations as submitted.
5 Intellectual Property Rights
- All intellectual property rights such as equipment, software and installers, passwords/codes remain the property of Security Eyes.
- Security Eyes warrants that it will not infringe any intellectual property rights of third parties.
- The Security Eyes standard warranty period is 1 year on all parts and labor unless specified otherwise Security Eyes in writing or manufacturer’s warranty.
- All warranties become invalid if the system(s) or component(s) are tampered with (including relocation), damaged by electrical storms, vandalised, or altered by persons not authorized by Sensible Security.
- Warranty repairs will take place between 8:30am to 5:00pm Monday to Friday.
7 Insurance and Indemnity
- The Customer agrees that, to the extent permitted by the Law, Security Eyes is not responsible for any loss or damage arising directly or indirectly out of, or in connection with, the provision of security activities by Security Eyes to the Customer, other than any loss or damage resulting to the wilful, unlawful or negligent acts of Security Eyes or its employees.
- The Customer agrees to indemnify Security Eyes Australia Pty Ltd against all proceedings, actions and claims, demands, losses, damages, costs and expenses, which may be made, brought against, suffered or incurred by Security Eyes which arise directly or indirectly out of or in connection with the provision of security activities by Security Eyes to the Customer, other than any direct loss or damage resulting from the wilful, unlawful, or negligent acts of Security Eyes or its employees.
- The Purchaser will be liable for and indemnifies Security Eyes from any liability resulting from personal injury of the death of any person caused by a negligent act or omission of the Purchaser, its employees and agents.
- Security Eyes will maintain the following Insurance of Works:
- Public Liability Insurance in the name of Security Eyes for not less than $20 million in the aggregate.
- Workers Compensation and other statutory insurance in accordance with applicable legislation.
In the event of the cancellation of this agreement prior to our services commencing, the deposit or 50% of the total cost may be incurred.