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Terms and Conditions

SITESEC PTY LTD

ABN 68 611 552 053

6/8 PRODUCTION AVENUE

MOLENDINAR QLD 4214

[email protected]

 

  1. DEFINITIONS

Camera Set Up Period means the period of 24 hours following completion of the installation of the Equipment at the Site.

 

Contract means the Hire Contract entered into between the Contractor and the Customer for the supply of the Equipment and includes all terms and conditions contained herein.

 

Contractor shall mean Sitesec Pty Ltd.

 

Customer shall mean the person or entity described as the Customer pursuant to the Contract.

 

Commencement Date means the date of the Contract.

 

Defect means any defect, fault or damage to the Equipment leased under the Contract in which the Contractor is responsible

 

Equipment means the Sitesec Capture Video Monitored Intruder System and includes all detectors, poles, monitoring equipment and solar panels.

 

Guarantor means any person/s described as a Guarantor in the Contract.

 

Hire Charges means the amount appearing on the Contract payable by the Customer for the hire of the Equipment.

 

Hire Period means the period of time nominated under the Contract or the period from the Commencement Date until such time as the Equipment is returned to the Contractor.

 

Overdue Interest Rate means the amount of 10% per month calculated on a daily basis.

 

Security of Payment Legislation means the Building Industry Fairness (Security of Payment) Act 2017 (Qld) and the Building Industry Fairness (Security of Payment) Regulation 2018 (Qld)

 

Security Bond means any amount required to be paid as a security bond under the Contract.

 

Site shall mean the location described in the Hire Contract where the Equipment shall be installed by the Contractor.

 

Variation has the meaning given under clause 7 of this Contract.

 

2. HIRE CHARGES AND PAYMENT

 

2.1 The Customer agrees to pay the Hire Charges to the Contractor for the duration of the Hire Period, at the dates and times nominated in the Contract, for the installation and hire of the Equipment at the Site.

 

2.2 In the event that the Customer’s hire of the Equipment continues beyond any agreed Hire Period or is nominated as a month-to-month hire arrangement under the Contract, then:

 

  1. this Contract shall continue on a monthly basis and the Customer shall continue to pay the Hire Charges for each month in advance and for so long as the Equipment is not made available for collection by the Contractor.

 

  1. The Customer shall be entitled to terminate the Contract, at its election, upon providing written notice on or before the 28th day of the preceding month. If the Customer terminates the contract after this time then the Contract shall continue for the following month.

 

2.3 If required in writing under the Contract, the Customer agrees to pay the Security Bond to the Contractor prior to the Commencement Date. Such Security Bond shall be held by the Contractor as security for any Hire Charges payable under the Contract. The Customer consents and authorises the Contractor to deduct from the security bond any amounts due and payable to the Contractor which are not paid when due under the terms of this Contract.

 

2.4 Unless otherwise agreed in writing, any amount payable to the Contractor by the Customer under the terms of this Contract that is not paid prior to the Commencement Date is to be paid within 7 days of the date of any tax invoice rendered by the Contractor and issued to the Customer.

 

2.5 The Customer acknowledges and agrees that:

 

  1. it is a fundamental condition of the Contract that payments be made to the Contractor in accordance with this Contract; and

 

  1. it shall not have any right to claim any set-off or deduct any amount due to the Contractor under this Contract and must make full payments of all amounts due to the Contractor during the Hire Period under this Contract.

 

  1. it shall not be entitled to deduct any amount due to the Contractor as a result of any flat battery affecting the Equipment due to adverse weather conditions.

 

  1. The installation of the Equipment requires the Contractor to adjust the sensitivity of the Equipment to suit the Site. Accordingly, there may be security events which are missed during the Camera Set Up Period. The Customer agrees to make payment of the Hire Charges during the Camera Set Up Period and shall not hold the Contractor liable for any events which may occur during this time.

 

2.6 The Contractor shall be entitled to charge interest on any overdue amounts which are not paid in accordance with this Contract at the Overdue Interest Rate which shall accrue daily from the date when payment is due until the date that payment is made.

 

2.7 The Customer further agrees to pay:

 

  1. any duties, taxes or levies payable in respect of the Contract or that arises from the use of the Equipment;

 

  1. all delivery charges and costs charged by the Contractor for:

 

  1. the delivery of the Equipment;

 

  1. the recovery of possession of the Equipment

 

  1. all costs and expenses incurred by the Contractor in taking any action (including legal fees on a full indemnity basis) to enforce any rights under this Contract, to recover the Equipment and/or to enforce any breach of the Contract by the Customer;

 

2.8 In the event that the Customer has provided the Contractor with credit card details or direct debit instructions, then the Customer authorises the Contractor to debit any amounts owing by the Customer under this Contract in payment to the Contractor.

 

3. ACCEPTANCE OF CONTRACT 

 

3.1 The Customer may accept the terms of the Contract by:

 

  1. Signing and returning an executed copy of the Contract to the Contractor;

 

  1. Instructing the Contractor in writing to supply the Equipment after having received the Contract;

 

  1. Performing any obligations under the Contract, after having received the Contract, including by making payment of any Hire Charges to the Contractor.

 

3.2 The Parties agree that upon acceptance of this Contract by the Customer, this Contract shall be legally binding and the parties shall be bound to all terms and conditions contained herein including the liability to pay all amounts due and payable under the Contract.

 

4. JURISDICTION

 

4.1 This Contract is governed by and must be construed according to the law applying in the State of Queensland and the parties irrevocably submit to the jurisdiction of the courts of the State of Queensland.

 

4.2 Any invoice or Hire Charges issued in accordance with this Contract shall be a payment claim under the Security of Payment Legislation.

 

5. ACCESS 

 

5.1 The Customer:

 

  1. Must provide the Contractor with unrestricted access to the Site during normal business hours or such other hours as may be agreed between the Contractor and the Customer for the purpose of installing the Equipment; and

 

  1. Irrevocably authorises and consents to the Contractor accessing the Site, by whatever means necessary, for the purpose of inspecting, recovering or taking possession of any Equipment, including by way of cutting of any locks or security devices.

 

6. VARIATION

 

6.1 The Contractor may at any time during the Hire Period provide the Customer with a document setting out a variation of the terms and conditions of this Contract. The Customer shall be deemed to have accepted the varied terms and conditions of this Contract should it undertake any of the steps stipulated under clause 3.1 of this Contract.

 

7. OBLIGATIONS

 

CUSTOMER’S OBLIGATIONS

 

7.1 Unless otherwise agreed to by the Contractor in writing, the Customer is responsible for and must make its own enquiries and ensure that:

 

  1. all licences, approvals, consents, authorisations and permits for the installation of the Equipment have been obtained;

 

  1. any permission of any Body Corporate, statutory authority and/or local government body has been received prior to the Contract being entered into;

 

  1. any required fees, duties and taxes related to the Contract have been paid to any relevant authority;

 

  1. comply with all requirements of any relevant authority; and

 

  1. the Contractor is lawfully entitled to install the Equipment and perform its obligations under the Contract;

 

7.2 The Customer agrees to:

 

  1. insure the Equipment against any theft, loss or damage whilst at the Site;

 

  1. maintain an appropriate public liability policy to insure against any injury, damage or liabilities that may arise as a result of the Equipment being located at the Site;

 

7.3 The Customer shall not:

 

  1. tamper, damage or attempt to repair the Equipment; and/or
  2. lose or part with possession of the Equipment;

 

7.4 The Customer indemnifies the Contractor for any losses arising from any:

 

  1. any breach of this Contract, including any failure to comply with clause 7.1; and/or

 

  1. injury and/or damage caused to persons or property arising from the installation or use of the Equipment.

 

CONTRACTOR’S OBLIGATIONS 

 

7.5 Subject to the Customer performing its obligations under this Contract, the Contractor agrees to:

 

  1. allow the Customer to hire the Equipment for the duration of the Hire Period;

 

  1. provide the Equipment to the Customer in working order;

 

  1. promptly repair or re-supply the Equipment if it fails to operate properly;

 

  1. collect the Equipment within 7 days of the conclusion of the Hire Period

 

8. LIMITATION OF LIABILITY

8.1 To the extent permitted by law, including the Australian Consumer Law, the Contractor’s liability under this Contract is limited, at the Contractor’s election, to:

(a) the repair or replacement of any Equipment supplied in the performance of the Contract; or

(b) refund of any amounts paid by the Customer for the hire of the Equipment under the Contract.

8.2 The Contractor shall not be liable for:

  1. Any loss or damage of any kind caused by or resulting from any act, use of or omission of the Customer or any of its employees, contractors and/or agents;

 

  1. Any loss of profits or anticipated loss of profits, economic loss, loss of business opportunity, loss or damage resulting from lost time, or any special, incidental or otherwise consequential loss or damage, regardless of whether the Contractor was notified of the potential for such loss, or the loss arises from the negligence of, breach by, or is caused the Contractor or its employees, agents or contractors.

 

8.3 Subject to the terms of this Contract and the Australian Consumer Law, all representations, warranties, conditions, undertakings and guarantees not expressly contained in the Contract, are excluded and the Contractor shall not be obligated to carry out such terms.

 

  1. Nothing in this Contract excludes, restricts or modifies any warranty, right or remedy conferred on the Customer by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.

9. RISK AND TITLE

 

9.1 The Contractor retains all legal and equitable title in the Equipment.

 

9.2 The Customer accepts all risk in the Equipment from the commencement and for the duration of the Hire Period.

 

10. SECURITY AND CHARGING CLAUSE 

 

10.1 As continuing security for the payment of any amounts owing to the Contractor, the Customer:

  1. grants in favour of the Contractor, a security interest in all of its present and after acquired personal property;

 

  1. grants in favour of the Contractor, a purchase money security interest over any Equipment which is supplied by the Contractor under hire arrangements.

 

  1. grants a fixed charge to the Contractor of the Customer and/or Guarantor’s estate and interest in any real property;

 

  1. in the event of default of the terms of this Contract, consents to the Contractor registering any caveat over any real property of the Customer;

 

  1. acknowledges that the Contractor has received valuable consideration for this charge;

 

  1. agrees that any attachment is immediate and to the extent that the security interest relates to after-acquired personal property or future acquired real property, then the security interest shall attach on the date that the Customer has power to transfer rights in the collateral to the Contractor

 

  1. acknowledges that any security interest created by this Contract extends to any proceeds of the sale of any property charged by way of this Contract;

 

  1. agrees that if requested by the Contractor, the Customer shall execute any document or agreement required to give effect to the charge created by this Contract;

 

  1. shall insure and keep insured all property the subject of this charge; and

 

  1. the security shall be a continuing security for so long as the Customer shall have obligations required to be performed under this Contract and shall not be affected by any settlement of account, intervening payment or other matter whatsoever until a final discharged of this Contract is given by the Contractor.

 

10.2 The Contractor may register its security interest on the Personal Property Securities Register or with any department, agency or authority as necessary to give effect to the terms of this clause. The Customer agrees to do to anything that the Contractor requires (such as obtaining consents and signing documents) for the purpose of:

 

  1. ensuring that any security interest created by this charging clause is enforceable, perfected and otherwise effective;

 

  1. enabling the Contractor to obtain first priority (or any other priority agreed to with the Contractor in writing) for the purpose of security its interest; and
  2. enabling the Contractor to exercise rights in connection with that security interest.

 

10.3 The Customer shall be liable, on demand from the Contractor, to pay any cost or expense incurred by the Contractor for the purpose of giving effect to this clause, this includes any registration fees or legal fees incurred for the purpose of giving effect to the security and charging provisions under this Contract.

 

10.4 Any amounts of money payable to the Contractor and secured by way of this clause, shall at the election of the Contractor, immediately become payable on the happening of any one of the following events:

 

  1. if the Customer defaults on the payment of any money as required under this Contract;

 

  1. if the Customer becomes insolvent or is otherwise the subject of any action taken to place the Customer into administration, bankruptcy, personal insolvency arrangements, liquidation or receivership;
  2. if the Customer or the Guarantor breaches any provision of this Contract.

10.5 If any of the events stipulated in clause 10.4 of this Contract occurs, then the Contractor may at is election, do any or all of the following:

 

  1. the Contractor may enter any property, premises or vehicle for the purpose of taking possession and assuming control of any property charged by this clause;

 

  1. receive payment for any proceeds received by the Customer or the Guarantor by way of the transfer of any property charged by this clause;
  2. sell, lease, licence or agree to sell, licence or lease any property charged by this clause on such terms as the Contractor thinks fit including whether by auction, private treaty or tender;
  3. demand, sue for and recover any property or proceeds charged by this clause; and
  4. appoint a receiver or such other person as the Contractor sees fit for the purpose of enforcing its rights under this clause.

 

10.6 If the Contractor enforces any rights under this clause, then Contractor shall apply any proceeds acquired (after payment of any prior encumbrances) as follows:

 

  1. in payment of all charges, costs and expenses incurred or incidental to the performance of any powers or remedies provided for in this Contract;

 

  1. in payment of any fees charged by any receiver;
  2. in payment of any outstanding debt or obligation owing to the Contractor; and
  3. in payment of any surplus to the Customer as appropriate.

10.7 To the extent that Chapter 4 of the PPS Law applies to any security interest granted under this Contract, the parties agree that the following provisions of the PPSA will not apply or are waived, as the context requires:

 

  1. section 95 (notice of removal of accession);

 

  1. section 96 (retention of accession);

 

  1. section 121(4) (notice to grantor);

 

  1. section 125 (obligation to dispose or retain collateral);

 

  1. section 129 (notice of purchase);

 

  1. section 130 (notice of disposal);

 

  1. section 132 (right to receive statement of account)

 

  1. section 135 (notice of retention)

 

  1. section 142 (redemption of collateral); and

 

  1. section 143 (reinstatement of security agreement).

 

10.8 The Customer and the Guarantor waives its rights to receive a copy of any verification statement after the registration of a financing statement in respect of the security interest created by this Contract.

 

11. DEFAULT AND TERMINATION 

 

11.1 If the Customer defaults on or breaches any term of this Contract, then the Contractor shall have the right at its sole and absolute discretion, to do any of the following:

 

  1. terminate this Contract with immediate effect;

 

  1. charge interest on any outstanding amount at the Overdue Interest Rate, which shall accrue daily from the date when payment is due until the date that payment is made;

 

  1. enter upon the Site and take possession of the Equipment;

 

  1. issue a notice in writing on the Customer to remedy the default within 5 business days of such notice and if not remedied may enforce any other rights under this clause;

 

  1. take any step or action contemplated in accordance with the terms of this Contract including steps to recover any unpaid goods or materials from the Customer;

 

  1. appoint a debt collector and/or a solicitor to commence recovery action against the Customer, in which case the Customer must pay to the Contractor all costs and expenses incurred by the Contractor in taking such action (including legal fees on a full indemnity basis); and/or

 

  1. pursue the Customer or Guarantor for the recovery of any amounts owed by the Customer to the Contractor.

11.2 If the Contractor defaults or breaches any substantial term of this Contract, then the Customer must give a written notice to the Contractor describing any alleged breach and stating the Customer’s intention to terminate the Contract within 14 days after receipt of the notice. If the Contractor thereafter fails to remedy the breach within the time stated in the notice, then the Owner may terminate the Contract by written notice to the Contractor.

11.3 Upon termination of this Contract, the:

  1. Customer must:

 

  1. Make immediate payment of all amounts for:

 

  1. Hire Charges incurred under this Contract as at the date of termination; and

 

  1. Goods or materials ordered, supplied, delivered or otherwise sourced by the Contractor under this Contract.

 

  1. Immediately deliver up to the Contractor the Equipment plus any materials or goods in the Customer’s possession which remain the property of the Contractor;

 

  1. Contract shall:

 

  1. be at an end as to its future operation, save and except for the enforcement of any right, claim or interest that arises on, before or as a result of the termination; and

 

  1. for the avoidance of doubt, no act of termination shall limit or prevent the Contractor from enforcing any right to recover any materials or goods, any amount owed or enforce any security interests that the Contractor has as a result of the Contract.

 

12. GUARANTEE

 

  1. If this Contract shall nominate a person as Guarantor, then the Guarantor by executing this Contract shall guarantee to the Contractor the payment by the Customer of all money which the Customer is or at any times becomes actually or contingently liable to pay to the Contractor including by way of charges, fees, interests, costs, indemnities, expenses or as a consequence of any breach or default by the Customer of any agreement with the Contractor.

 

  1. The Guarantor/s waive any right to be notified by the Contractor of any neglect or omission by the Customer to pay for any Goods or money payable to the Contractor in accordance with the terms and conditions of any agreement between the Customer and the Contractor.

 

12.3 The Guarantor further irrevocably and unconditionally agrees to indemnify the Contractor and keep the Contractor indemnified against any and all expense, cost, loss or damage suffered by the Contractor (including legal fees on a full indemnity basis) arising from or in connection with:

 

  1. any failure by the Customer to pay any money owing to the Contractor duly and punctually;

 

  1. any agreement with the Customer being wholly or partly void, voidable or unenforceable against the Company for any reason;

 

  1. the enforcement, or attempted enforcement of any rights under any agreement between the Company and the Contractor and any rights under this guarantee; and

 

  1. any breach of this Guarantee.

12.4 The Guarantor’s liability under this Guarantee arises immediately on execution of this Contract and will be a continuing obligation for the whole of the Customer’s indebtedness or liability to the Contractor and shall continue until a final release or discharge is given in writing by the Contractor.

 

  1. Except for a written release or discharge given by the Contractor to the Customer, this continuing guarantee shall not be affected by anything which but for this clause, may be considered to release the Guarantor from this Guarantee or to reduce the Guarantor’s liability, including:

 

  1. any agreement between the Customer and the Contractor being terminated, rescinded or amended;

 

  1. any variation, novation or alteration of any agreement between the Customer and the Contractor;

 

  1. any breach by the Contractor of the terms of any agreement with the Customer, or any act, or omission (negligent or otherwise) of the Contractor under any agreement with the Customer;

 

  1. any insolvency of the Guarantor/s or the winding up, liquidation, receivership or external administration of the Customer; and

 

  1. any part of the agreement between the Customer and the Contractor being found to be void, voidable or unenforceable for any reason; and

 

  1. any grant of time or indulgence to the Customer or any failure by the Contractor to enforce the terms of any agreement with the Customer including any deferral of action to recover any debt owing by the Customer to the Contractor.
  1. The Guarantor agrees to pay all money payable under this Guarantee on demand by the Contractor in immediately available funds to the account and in the manner notified from time to time by the Contractor. The Contractor shall be permitted to charge interest at the Overdue Interest Rate on all overdue amounts due and payable under this Guarantee from the due date up to the date of actual payment.

 

  1. As continuing security for the payment of any amounts owing to the Contractor, the Guarantor acknowledges that it has read and understood clause 17 of this Contract and agrees that such clause shall bind the Guarantor as security for the performance by the Guarantor of its obligations under this Contract.

12.8 If the Contractor enforces any rights under this clause, then the Contractor shall apply any proceeds acquired (after payment of any prior encumbrances) as follows:

 

  1. in payment of all charges, costs and expenses incurred or incidental to the performance of any powers or remedies provided for in this Guarantee;

 

  1. in payment of any outstanding debt or obligation owing to the Contractor; and
  2. in payment of any surplus to the Guarantor

12.9. The Contractor may at any time or times at the Contractor’s discretion and without giving any notice whatsoever to the Guarantor suspend, withdraw or refuse to perform further services for the Customer and subsequently resume the same without discharging or impairing the Guarantor’s liability under this guarantee and indemnity.

13. DISPUTES

13.1 If a dispute arises out of, on in connection with, the Contract, either party may give the other party a written notice of dispute setting out the details of the dispute. Notwithstanding the giving of notice, the parties must continue to perform the Contract.

13.2 Within 7 days after receiving notice of a dispute, the parties must arrange and participate in a without prejudice conference between them, in an attempt to resolve the dispute.

13.3 If the parties fail to resolve the dispute through a without prejudice conference, then either party may commence legal proceedings in a tribunal or court in relation to any part of a dispute that is not resolved.

13.4 Nothing in this clause will prejudice the right of a party to institute legal proceedings for the purpose of applying for urgent injunctive or declaratory relief, in relation to any matter arising out of, or in connection with, the Contract.

14. PRIVACY 

14.1 The Contractor shall adhere and comply to the National Privacy Principles in all dealings with a Customer. A copy of the Contractor’s Privacy Statement shall be made available upon request.

15. GENERAL CONDITIONS

15.1 No contract or agreement shall exist between the Customer and the Contractor except upon the terms and conditions of this Contract unless the terms have been specifically agreed to by the Contractor in writing.

15.2 Any provision of this Contract, which is found to be invalid must be read down to the minimum extent necessary to achieve validity if applicable or otherwise be severed from the Contract without affecting the validity the remaining provisions of this Contract.

15.3 This Customer cannot assign or otherwise transfer its rights or obligations under the Contract without the prior written consent of the Contractor. the Contractor however may assign or transfer the Agreement by way of written notice to the Customer.

15.4 This Contract cannot be amended or varied except in writing signed by the parties.

15.5 The failure by the Contractor to insist on strict performance of any part of this Contract is not a waiver of any rights that the Contractor may have and no express waiver will be deemed to be a waiver of any subsequent breach of any term, warranty or condition of this Agreement.

 

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