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The ALARM NEW ZEALAND terms and conditions of service below are published by our company via the internet and other documentation to assist those companies and/or individual who do business with us understand our position in regards to those goods and services supplied.
The Key points are;
1
Definitions
1.1 "Alarm New Zealand" shall mean Alarm New Zealand Limited and/0r any agents or employees thereof.
1.2 "Customer" shall mean the customer, any person acting on behalf of and with the authority of the customer, or any
person purchasing goods or services from Alarm New Zealand.
1.3 "Goods" shall mean all goods, chattels supplied by Alarm New Zealand to the customer and shall include any fee or
charge associated with the supply of goods by Alarm New Zealand to the customer.
1.4 "Services" shall mean all services provided by Alarm New Zealand to the customer and shall include without
limitation the provision of all alarm systems, installation and maintenance, monitoring response, services and
supplies, all charges for labour and work, hire charges, insurance charges, or any fee or
charge associated with the supply of services by Alarm New Zealand to the customer.
1.5 "Price" shall mean the cost of the goods or services as agreed between Alarm New Zealand and the customer subject to clause
4 of this contract.
2. ACCEPTANCE
2.1 Any instructions received by Alarm New Zealand from the customer for the supply of goods or services shall
constitute acceptance of the terms and conditions
contained herein.
3
COLLECTION AND USE OF INFORMATION
3.1 The customer authorizes Alarm New Zealand to collect, retain and use any information about the customer, or for
the purpose of assessing the customer's credit worthiness, enforcing any rights under this contract, or marketing any
goods and services provided by Alarm New Zealand to any other party.
3.2 The customer authorizes Alarm New Zealand to disclose any information obtained to any person for the purposes
set out in clause 3.1.
3.3 The customer authorizes Alarm New Zealand to
record and store all telephone conversations of staff or employee
contractors made during the ongoing delivery of monitoring services.
3.4 Where the customer is a natural person the authorities under clauses 3.1,
3.2 and
3.3 are authorities or consents for the purposes of the Privacy Act 1993.
4 PRICE
4.1 Where no price is stated in writing or agreed to orally the goods or services shall be deemed to be sold at the
current amount as such goods are sold or provided by Alarm New Zealand at the time of the contract.
4.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the goods or
services that is beyond the control of Alarm New Zealand between the date of the contract and delivery of the goods
or providing of the services.
4.3 Alarm New Zealand reserves the right to charge for additional costs incurred through the activating and
tripping of alarms as a result of the customer's actions and
failure to follow instructions in relation to the operation of the alarms and security systems.
4.4 If Alarm New Zealand is requested by the customer to contact callout person(s) via cellular phone(s) an additional
charge of $10.00 + GST per month shall be levied for each area separately monitored.
4.5 The Customer shall be responsible for all onsite utility charges, such as telephone and power required by or
associated with the supply of goods & services by Alarm New Zealand.
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5 PAYMENT
5.1 Unless prior arrangement has been made payment for goods or services shall be made in full on or before the
20th day of the month following the date of the invoice, or on receipt of delivery of goods or the providing of the
services, whichever is the earlier ("the due date"). A deposit may be required at the discretion of Alarm New
Zealand. When monitoring services are provided by Alarm New Zealand, payment is to be made by automatic
payment or direct debit.
5.2 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.
5.3 Any expenses, disbursements and legal costs incurred by Alarm New Zealand in the enforcement of any rightscontained in this contract shall be paid by the customer,
including any reasonable solicitor's fees or debt collection
agency fees.
5.4 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such
negotiable instrument is paid in full.
5.5 The customer shall not be entitled to retain any part or any portion of the payment by way of retention.
5.6 Alarm New Zealand reserves the right to disconnect alarm systems installed in the event of non-payment and
shall not be liable for any loss or damage suffered by the customer as a result of such disconnection.
6 Quotation
6.1 Where a quotation is given by Alarm New Zealand for goods or services:
6.1.1 The quotation shall be valid for one month from the date of issue; and
6.1.2 The quotation shall be exclusive of Goods and Services Tax unless specifically stated
to the contrary.
6.2 Where goods or services are required in addition to the quotation the customer agrees to pay for the additional
cost of goods or services.
7 Risk
7.1 The goods remain at Alarm New Zealand's risk until the delivery to the customer, but when title passes to the
customer pursuant to clause 9.1 of this contract the goods are at the customer's risk whether delivery has
been made or not.
7.2 Delivery of goods shall be deemed complete when Alarm New Zealand gives possession of the goods for delivery to
the customer, or possession of the goods is given to a common carrier, or other bailee for the purposes of
transmission to the customer.
7.3 The time agreed for delivery shall not be an essential term of this contract unless the customer gives written notice to
Alarm New Zealand making time of the essence.
7.4 Where Alarm New Zealand delivers goods or provides services to the customer by installments and Alarm New Zealand fails to deliver or supply one or more installments
the customer shall not have the right to repudiate the contract but shall have the right to claim compensation as a severable breach.
8 Agency
8.1 The customer authorizes Alarm New Zealand to contract either as principal or agent for the provision of goods or
services that are the matter of this contract.
8.2 Where Alarm New Zealand enters into a contract of the type referred to in clause
8.1 it shall be read with and form part of this agreement and the customer agrees to
pay any amounts due under that contract.
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9 Title
9.1 If the goods are ascertained and in a deliverable state, title in the goods passes to the customer when the customer has made payment for all goods supplied by
Alarm New Zealand.
9.2 Where the customer has not paid for any goods in its possession property in such goods shall remain with Alarm
New Zealand and:
9.2.1 The goods shall be held by the customer as bailee; and
9.2.2 If the goods 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 goods shall remain with Alarm New Zealand until the customer
has made payment for all goods, and where those goods are mixed with other property
so as to be part of or a constituent of any new goods, title to these new goods shall
deemed to be assigned to Alarm New Zealand as security for the full satisfaction
by the customer of the full amount owing between Alarm New Zealand and customer.
9.3 The customer gives irrevocable authority to Alarm New Zealand to enter any premises occupied by the customer,
at any reasonable time, to remove any goods not paid for in full by the customer. Alarm New Zealand shall not be
liable for costs, damages or expenses or any other losses incurred by the customer or any third party as a result of
this action, nor liable in contract or in tort or otherwise in any way whatsoever.
10
Return of Goods
10.1 The customer shall be deemed to have accepted thegoods supplied and services provided unless the customer notifies Alarm New Zealand otherwise within 72 hours of delivery of the goods to the customer.
10.2 No goods will be accepted for return by Alarm New Zealand without prior approval.
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11 liability
11.1 Except as otherwise provided by statute Alarm New Zealand shall not be liable for:
11.1.1 Any loss or damage of any kind whatsoever whether suffered or incurred by the
customer or another person whether such loss or damage arises directly or indirectly
from goods or services or advice provided by Alarm New Zealand or its sub-
contractors to the customer and without limiting the generality of the foregoing of
this clause Alarm New Zealand shall not be liable for any consequential loss or damage
of any kind including without limitation any financial loss; and
11.1.2 Except as provided in this contract Alarm New Zealand shall not be liable in contract,
or in tort, or otherwise for any loss, damage, or injury beyond the value of
the goods or services provided by Alarm New Zealand to the customer; and
11.1.3 The customer shall indemnify Alarm New Zealand against all claims 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
Alarm New Zealand or otherwise, brought by any person in connection with any
matter, act, omission, or error by Alarm New Zealand its agents or employees in
connection with the goods or services.
11.1.4 Without limiting the generality of Clause 11, Alarm New Zealand shall not be liable
for delays or losses caused by the action of third parties, vehicle accidents or
breakdowns, power failure, earth movement, faulty censors, wiring or other
occurrences outside the control of Alarm New Zealand
11.2 In addition to the provisions of Clause 11.1 hereof it is understood and accepted between the parties
hereto:
11.2.1 That Alarm New Zealand is not an insurer; and that any insurance will be obtained by
the Customer at their own cost.
11.2.2 That the fee payable as set out above is based solely on the value of the service
provided and is unrelated to the value of the Customer's property or the property of
others located in the Customer's premises.
11.2.3 That Alarm New Zealand does not represent that the monitoring systems
utilized by Alarm New Zealand may not be circumvented or will in all cases carry out
the function for which each was designed.
11.2.4 That should Alarm New Zealand notwithstanding the provisions of Clause
11 hereto and the foregoing provisions be found liable for any loss of damage
sustained or suffered by the Customer whether such loss or damage arises from
the breach of Alarm New Zealand of any contractual or statutory provision or is due
to or arises from any negligence or act of commission or omission on the part of
Alarm New Zealand, its servants or agents in any respect the liability of Alarm New
Zealand hereunder and at Common Law shall be limited to a sum not exceeding
$5000 (which shall include legal costs) in respect of the aggregate of all claims
arising during any consecutive period of twelve months.
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12
Consumer Guarantees Act
12.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the customer acquires goods or services from Alarm New Zealand for the
purposes of a business in terms of section 2 and 43 of
that Act.
13
Warranty
13.1 No representation, condition, warranty or premise expressed or implied by law or otherwise applies to goods
or services except where goods are supplied or services provided pursuant to the Consumer Guarantees Act 1993
or except where expressly stated in this contract.
13.2 Alarm New Zealand does not provide any warranty that the goods are fit and suitable for the purpose for which they
are required by the customer and shall not be liable if they are not.
13.3 Without limiting the generality of clause 13.1 hereto new parts installed
are warranted free from defective manufactuers workmanship and material for a
period of one year from delivery provided that such parts are correctly
installed by a qualified person and subject to normal use and service however no
warranty shall exceed that given by the manufacturer to the customer at the time
of purchase. Any technical labour costs associated with relpacement of defective
parts under this warranty or general workmanship is chargable 90 days from the
date of installation.
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14 Cancellation
14.1 Alarm New Zealand shall, without any liability, and without any prejudice to any other right it has in law or
equity, have the right by notice to suspend or cancel in
whole or in part any contract for the supply of goods or services to the customer if the customer fails to pay any
money owing after the due date or the customer commits
an act of bankruptcy as defined in section 19 of the Insolvency Act 1967.
14.2 Any cancellation or suspension under clause14.1 of this agreement shall not affect Alarm New Zealand's claim for
money due at the time of cancellation or suspension or for damages for any breach of any terms of this contract or
the customer's obligations to Alarm New Zealand under this contract.
14.3 If either party wishes to terminate the agreement at the expiration of the term that party shall give at least three
months notice in writing to the other party, and the
agreement shall expire at the expiration of such period. If no such notice is given by either party to the other then the
agreement shall continue for successive periods of twelve months until terminated in the above manner. In event of
failure to give such required notice the Customer agrees to pay Alarm New Zealand a sum equal to three months
monitoring charge from the date of termination.
14.4 This agreement shall not be deemed to be terminated until:
14.4.1 One party has advised the other party in writing and;
14.4.2 The communication device connected to the Customer's alarm
system ceases to communicate with Alarm New Zealand.
It shall be the Customer's responsibility to ensure the signaling from the communication device is stopped.
14.5 The Customer shall not, during the term of this agreement or within six months after its termination for any reason,
engage or employ, whether as employee, independent contractor, or otherwise:
14.5.1 any employee of Alarm New Zealand or any person who shall
have ceased to be an employee of Alarm New Zealand within the previous six months;
14.5.2 any firm of which any such person is a proprietor, partner or employee;
14.5.3 any company in which any such person is the beneficial holder of
shares or of which such person is a director or employee.
Provided that nothing in this Clause14.5 shall prevent the Customer from engaging a firm or company by which
any such person is employed as a journeyman security
officer.
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15 Miscellaneous
15.1 The customer shall not assign all or any of its rights or obligations under this contract without the written consent of Alarm New Zealand.
15.2 Alarm New Zealand shall not be liable for delay or failure to perform its obligations if the cause of the delay or
failure is beyond its control.
15.3 Failure by Alarm New Zealand to 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 Alarm New Zealand has under this contract.
15.4 The law of New Zealand shall apply to this contract except to the extent expressly negated or varied by this contract.
15.5 Where the terms of this contract are at variance with the
order or instruction from the customer, this contract shall prevail.
15.6 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
15.7 Any dispute between the parties is to be dealt with in accordance with the Arbitration Act 1996.
15.8 The Customer shall notify Alarm New Zealand of any proposed structural alteration to the premises. Any
alteration to Alarm New Zealand's monitoring
equipment which may thereby become necessary shall be carried out at the expense of the Customer.
15.9 Alarm New Zealand reserves the right to suspend the monitoring service of an alarm system or a zone which is
activating falsely where the Customer has been notified by Alarm New Zealand of the fault but has not remedied the
problem within seven days of notification. Alarm New Zealand will reinstate the monitoring service when notified
by the Customer that the fault has been repaired.
15.10 In every respect, in the discharge of the services described herein, Alarm New Zealand is vested with the full authority
of the Customer or persons in lawful occupation of the premises.
15.11 In the event of a strike at the Premises, the Customer shall not require Alarm New Zealand or any of Alarm New Zealand's employees to carry out any duties of a
strike-breaking nature or any other duties not normally performed as part of the Services.
Once this document has been received or page downloaded by your company the terms and conditions
contained within are in force.
For more information regarding our products and services call (09)3030303 or email sales@alarmnz.com
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