Central coast ALARM SYSTEMS - TERMS & CONDITIONS

In these Terms and Conditions (Terms), "we" or "us" means Katherine Ann Byfield trading as Lake Macquarie Alarm Systems (ABN 87 382 823 221) and Christopher Scott Byfield trading as Sydney Alarm Systems (ABN 81 282 141 176) (referred to as Lake Macquarie & Sydney Alarm Systems), its successors and assignees. "You" means the person, organisation or entity that purchases products or related services from us. The Terms apply to all sales made by us to consumers through our website available at www.centralcoastalarmsystems.com.au (Site).

These Terms form the agreement under which we will supply products and services to you. Please read the Terms carefully. Please contact us if you have any questions, before you purchase or related services from us. You can contact us at info@sydneyalarmsystems.com.

Your purchase from us indicates that you have had sufficient opportunity to access the Terms and contact us, that you have read, accepted and will comply with the Terms, and that you are eighteen (18) years or older. You must not order products or services from us if you are under eighteen (18) years of age. If you do not agree to the Terms, do not purchase from us.

Our Terms of Use set out terms and conditions for using our Site. Our Privacy Policy sets out how we collect, use and protect your personal information. These are available on our Site.

1. Products:

(a) The products that we provide are alarm systems and related products (Products).

(b) The only services that we may provide, upon request, are annual maintenance and general advice services (Services). These Services will be provided to you, subject to a separate agreement between us and you.

(c) We have a referral system with installation technicians and companies (Technicians) who may, at their discretion, provide installation services (Installation Services) to you, after you have ordered our Product/s from our Site. We do not provide these Installation Services and the Technicians are not our agents, employees or contractors.

2. Quotes and Orders:

(a) You can obtain a quote from us as set out on the Site (Quote). To receive a Quote, you must provide us with the information that we request. Quotes are provided to you based on the information that you provide. Information that is not true, accurate or complete may result in an inaccurate Quote.

(b) Quotes may be provided:
i. for Products (including delivery) only; or
ii. for Products (including delivery) and Installation Services.

(c) Quotes will be valid for a set time period.

(d) You acknowledge and agree that any Quotes we provide which include fees for Installation Services are an estimate only, and may be varied by the Technician. Quotes are not a guarantee of the final price charged by the Technician.

(e) You may order with us as set out on the Site. We may at our discretion accept or reject an order depending on factors including availability of Products and our ability to validate payment for the Products.

(f) It is your responsibility to check the order details, including Product and pricing, before you complete your order on our Site.

(g) We will provide you with an order number, containing the address and a description of what was ordered, when you order and pay on our Site and your payment has been validated.
(h) A binding agreement comes into existence between you and us, once we have given you an order number. No changes to the Terms will be effective unless we both agree to the changes in writing.

3. Payments:

(a) You agree to pay the price specified on the Quote at the time that you place your order for the purchase of a Product, plus any applicable delivery and insurance charges based on the delivery options selected by you. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable). Delivery and any insurance charges will be included in the price.

(b) You acknowledge and agree that no Products will be delivered to you until payment has been received.

(c) For Quotes which include both Product supply and Installation Services, you acknowledge that your payment is for Product supply only, and any subsequent fees for Installation Services are to be paid to the Technician responsible for providing the Installation Services to you. Payment to the Technician should be made on the Technician’s payment terms which are to be agreed between you and the Technician.

(d) You may pay for the Product by credit card, direct transfer, PayPal, cheque or money order. Your payment will be processed upon receipt of your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled.

4. Availability and Cancellation:

(a) All purchases made with us are subject to availability. We do our best to keep in stock most Products that are advertised by us, and to keep our Site up to date with availability of Products.

(b) If there is a considerable delay in dispatching your order, or if for any reason, we cannot supply a Product you have ordered, we will contact you using the contact details provided by you when you placed the order. You can choose a refund, store credit, or to put your order on backorder as agreed with you. If you choose a refund or store credit, any delivery costs you have paid for the Product will be refunded to you. If you choose to put your order on backorder, we will contact you to arrange for delivery once the Product is available.

(c) If certain Products are out of stock or discontinued, we will contact you and discuss substitute Products with you which are of similar appearance, value and size.

5. Delivery:

(a) Location: We deliver Australia wide but the Technicians who we refer Installation Services to are only located in specific areas as indicated on our Site.

(b) Cost: Delivery fees are included in the Quote.

(c) Timing: We will normally dispatch the Product within 2 Business Days after your payment has cleared. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company. We will deliver the Product to the place of delivery you specify when making your order.

(d) Change: If you need to change a delivery date or the delivery address, please contact us as soon as possible to see if this is possible. If you are not available to take delivery on the agreed delivery date, you will be charged a delivery fee for each additional attempt for delivery.

(e) Method: We may deliver the Products via a range of delivery methods. All deliveries must be signed for. If neither you nor your authorised representative is at the delivery address to take delivery, you will be notified, generally by the delivery company leaving a card with contact details so that you can arrange another delivery time and date.

(f) Title: Title in the Products will not pass to you until the later of delivery or your payment has been processed or otherwise received by us. If your payment is declined for any reason we reserve the right to reclaim the Products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the Products. Risk of loss, damage or deterioration to any Products will pass to you on delivery.

(g) Lost or stolen: Any Products which are lost or stolen in the process of delivery are the responsibility of the relevant delivery company or courier service. If your Product is lost or stolen, we will provide you with contact information of the relevant delivery company or courier service.

(h) Redelivery:

i. If you provide us with an incorrect delivery address, and the Products have already been delivered, we cannot redeliver this to you unless we receive it back, undamaged and unopened, from the recipient. If we receive the Products back, we will rearrange for the Products to be redelivered to you.

ii. If a Product has been delivered to a Technician to perform Installation Services for you, and you wish to cancel the Installation Services, please contact us to arrange redelivery of the Product from the Technician to your nominated delivery address.

You acknowledge and agree that all courier fees and additional fees for the time taken either by us or our Technician to arrange the redelivery will be charged upfront, and your Product will not be redelivered until your payment has cleared.

6. Consumer Guarantees, Return, Refund and Exchange Policy

(a) Seller’s goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the ACL or any liability under the ACL, which by law may not be limited or excluded.

(b) If you are a consumer as defined in the ACL, the following notice applies to you: "Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure."

(c) Your Product may come with a manufacturer's warranty. The manufacturer's warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a "consumer" within the meaning of the ACL, the manufacturer's warranty may be your sole remedy. You should check the manufacturer’s warranty, as many manufacturers' warranties do not apply in a business or commercial setting. Please contact the manufacturer if you would like to make a claim under the manufacturer's warranty.

(d) If you wish to seek repair, replacement or a refund for a Product, please contact us within seven (7) days of receiving the Product. We will explain the requirements to you for a repair, replacement or refund. This may include you providing evidence of the faulty Product to us.

(e) If you are entitled to a refund, we will only give you the refund once evidence of faulty Product is received by us, or we have received the Product at our warehouse and inspected it and assessed whether it is eligible for a refund under the Terms. Any refund we make will be by the same payment method used to purchase the Product.

(f) You will not be entitled to a refund:

i. if you have any subsequent disputes or disagreements with a Technician in relation to the Installation Services;

ii. if the Product is not suitable for your use due to you providing us with information that was not true, accurate or complete, in the process of us providing you with a Quote;

iii. if a Product has been damaged; or

iv. if a Product has been used, connected or installed incorrectly.

(g) You are responsible for returning the Product to us and you must adequately package any Product you are returning to ensure that it is not damaged during return delivery to our warehouse.

(h) You have a duty of care for the Product while it is in your possession. If you damage Products, then subsequently return the Products, you may be liable to pay to repair the Product to its original condition. In these circumstances, where a repair is not economically viable, no refund will be made.

7. Warranty

(a) Products are warranted to be free from defects in materials and workmanship for twelve (12) months parts warranty and three (3) months free service from date of purchase unless otherwise specified for all parts excluding the control panel & keypad (Control Panel & Keypad). Control Panel & Keypad are warranted to be free from defects in materials and workmanship for two (2) years parts warranty and three (3) months free service from date of purchase unless otherwise specified.

(b) This warranty does not cover damage or failure caused by Acts of God, abuse, misuse, abnormal usage, improper maintenance or any alterations to circuitry or repairs carried out by anyone other than the Technician or company/business they represent.

(c) There are no obligations or liabilities on the part of Lake Macquarie & Sydney Alarm Systems for consequential damages arising out of or in connection with the use of performance of the Products and/or installation or other indirect damages with respect to loss of property, revenues, profits, cost of removal installation or reinstallation.

8. Intellectual Property

(a) Intellectual Property includes but is not limited to:

i. all present and future rights to intellectual property including inventions and improvements, trade marks (whether registered or common law trade marks), patents, designs, copyright, any corresponding property rights under the laws of any jurisdiction;

ii. all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work Product; and

iii. all work Product developed in whole or in part by Lake Macquarie & Sydney Alarm Systems.

(b) Lake Macquarie & Sydney Alarm Systems owns all Intellectual Property rights in the Products, the online quoting system available on our Site, any videos and information on our Site, and company branding, as between us and you.

9. Product Disclaimer and Limitation of Liability:

(a) While the information and material contained on the Site is believed to be accurate and current, it is provided by us in good faith on an "as is" basis, and Lake Macquarie & Sydney Alarm Systems and the directors, officers and employees of Lake Macquarie & Sydney Alarm Systems accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site.

(b) You acknowledge and agree that:

i. Lake Macquarie & Sydney Alarm Systems will not be held responsible for any delays in the delivery of the Products or any Installation Services, where the delay has been occasioned by non-performance of a third party service, strikes, bad weather, or any causes beyond our control;

ii. Lake Macquarie & Sydney Alarm Systems has not included in the prices for the Products, any insurance costs which cover loss or damage arising in respect of our work and Products, and it is your responsibility to effect adequate insurance cover;

iii. any prices for our Products and fees for other services are based on the value of the Products and services only and are unrelated to the value of your property or the value of the property within your premises; and

iv. Lake Macquarie & Sydney Alarm Systems does not represent that the Products installed, serviced or supplier will operate property and will in all cases and at all times perform the purpose for which they were designed. (c) Certain legislation including the ACL, Consumer and Competition Act 2010 (Cth), similar State or Territory legislation in Australia and similar consumer protection laws and regulations in

LAKE MACQUARIE ALARM SYSTEMS & SYDNEY ALARM SYSTEMS TERMS AND CONDITIONS

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other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Site which cannot be excluded, restricted or modified (Rights).

(d) We exclude all implied conditions and warranties except for your Rights, to the extent permitted by law, including but not limited to:

i. we expressly disclaim any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
ii. we do not warrant that the Site or your access to the Site will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components;
iii. we take no responsibility for, and will not be liable for, the Site or the Products being unavailable; and
iv. we will not be liable for any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special , consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the Products, the services, the late supply of Products, or the Terms, even if we were expressly advised of the likelihood of such loss or damage.

(d) Our total liability arising out of or in connection with the Products, the services or the Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of Products under the Terms.

10. Installation Services Disclaimer

(a) We do not provide any Installation Services and the Technicians that you may be referred to are not our agents, employees or contractors. We accept no responsibility and will not be liable for any acts or omissions of the Technicians in the provision of the Installation Services.

(b) You acknowledge and agree that:

i. the purchase and delivery of our Products and the Installation Services are separate and distinct transactions;

ii. we are not a party to any agreement entered into between you and the Technician;

iii. we make no endorsements of any Technician or the Installation Services;

iv. any servicing issues, problems or queries which may arise post-installation should be directed to the relevant Technician; and

v. it is your responsibility to check and test the Products once the Installation Services have been performed.

(c) We are not responsible will not accept liability for:

i. any poor or faulty workmanship of the Technician;

ii. any defective goods that the Technician may supply to you to be used in conjunction with the Products that you purchased from us; and

iii. any loss or damage, directly or indirectly, suffered by you caused by any acts or omissions of the Technician.

(d) You agree to indemnify us from any and all claims or legal action against you which may arise from the installation of any of our Products for the entire lifetime of the Products.

11. Amendment:

These Terms may be amended from time to time, without prior notice. Your purchase from us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current Terms, before purchase. Our agents, employees and third parties do not have authority to change the Terms.

12. Indemnity:

You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of our Products, installation of our Products, failure of the Products, or breach of these Terms.

13. General:

(a) Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, Products, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law

(b) Termination: We reserve the right to refuse supply of the Products ordered by you, terminate your account, terminate our contract with you, and remove or edit content on our Site at our sole discretion, without incurring any liability to you.

(c) Force Majeure: We will not be liable for any delay or failure to perform our obligations under the Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days' notice in writing.

(d) Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.

(e) Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.

(f) Assignment: You must not assign any rights and obligations under the Terms whether in whole or in part without our prior written consent.

(g) Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

(h) Jurisdiction and Applicable Law: Your use of this Site and any dispute arising out of your use of it is subject to the laws of New South Wales and the Commonwealth of Australia. These Terms are governed by the laws of New South Wales and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in New South Wales. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.

(i) Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and Lake Macquarie & Sydney Alarm Systems and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.