Security Alarm Monitoring Service logo on red background accompanied by the ASIAL Grade A1 Certification

Security Alarm Monitoring Service Terms and Conditions of Sale

IN THESE CONDITIONS:

The “Seller” means Security Alarm Monitoring Service Pty Ltd. [SAMS] ABN: 47 133 644 738.

“Customer” means the bureau as the purchaser of the goods & services specified overleaf

“Goods” means any products which may be specified on the accompanying invoice.

“Services” means any service which may be specified on the accompanying invoice.

The Customer agrees to adhere to the terms and conditions of this Agreement.

These Conditions of Sale shall not exclude, limit, restrict or modify the rights, entitlements and remedies conferred upon the Customer or the liabilities imposed upon SAMS by any condition or warranty implied by Commonwealth, State or Territory legislation, rendering void or prohibiting such exclusion, limitation, restriction, or modification.

 If any of these terms or conditions is, or becomes for any reason wholly or partly invalid, that term or condition shall to the extent of the invalidity be severed without prejudice to the continuing force and validity of the remaining conditions.

1 SERVICE PROVISION 

SAMS agrees that during the term it will provide the Services in respect of each of the Monitored Clients on and subject to the terms set out in “Alarm Monitoring Services Agreement”.If you do not have a current Alarm Monitoring Services Agreement please e-mail [email protected]

2 DELIVERY OF GOODS

  1. If required by the Customer, the Seller shall arrange for provision of delivery of the Goods to the Customer nominated delivery point at the Customers expense.
  2. The Seller is deemed to have provided the Services when they are made available at the Customer’s nominated delivery point.

3 SUPPLY, SERVICE AND CLAIMS

  1. In the event that the Customer has a complaint against the Goods or Services the customer must allow access to SAMS to inspect such a complaint when the Customer so indicates.
  2. Any claim for non-supply of Goods or Services to the Customer, must be made by the Customer in writing and given to the Manager of SAMS within 7 days. If this claim is proven correct, SAMS agrees to apply a credit limited to the initial amount paid.

4 TERMS, PAYMENTS AND RECOURSE

  1. All credit accounts for the purchase of Goods or Services are to be settled in full strictly within 30 days, from date of invoice.
  2. Should the Customer default in the payment of any monies due for the supply of Goods & Services, then all monies due to SAMS shall immediately become due and payable, and shall be paid by the Customer within seven (7) days of the date of demand by SAMS. In this event SAMS shall be entitled to charge interest on all amounts not paid by the due date and the Customer undertakes to pay any interest so charged. Such interest shall be calculated at the rate of 1.5% per month from the due date for payment until the date that SAMS receives payment.
  3. Any expenses, costs or disbursements whatsoever incurred by SAMS in recovering any outstanding monies, including debt collection agency fees and legal costs, shall be added to the original monies owed and will be paid by the Customer on an indemnity basis and all such costs shall be recoverable as a liquidated debt.
  4. If a Customer’s credit account remains unpaid over 60 days SAMS will review the account and reserves the right to advise the Customer of an increase in alarm monitoring service fees and/or that it will cease provision of services to the Customer.  SAMS shall also be entitled without notice, to terminate any credit arrangement with the Customer in the event of the Customer defaulting in any of the terms of this Agreement and in this event, SAMS reserves the right to contact bureau customers to protect its corporate risk position and facilitate continuity of service to those customers.

5 TITLE AND RISK

  1. Risk passes to Customer on delivery. All consumable goods shall remain the property of SAMS until all debts due to SAMS by the Customer are paid in full, and the Customer acknowledges it holds all such goods as bailee for SAMS until all such debts are paid.
  2. In the case of an account owed by a Trust Company the Customer acknowledges that the Trustee shall be liable on the account, and that in addition the assets of the trust shall be available to meet payment of the account.
  3. The Seller reserves the following rights in relation to the Goods or Services until accounts owed by the Customer to the Seller are fully paid
    1. ownership of the Goods & Services
    2. to enter the Customer’s premises (or the premises of any associated company or agent where the Goods are located) without liability for trespass or any resulting damage and retake possession of the Goods (if applicable); and
    3. to keep or resell any Goods repossessed pursuant to the above and in the event of account default – as described in clause 4.(d) – and with the subsequent discontinuance of service, reserves the right to contact and facilitate service arrangements for bureau customers. 

6 PERSONAL PROPERTIES SECURITIES ACT 2009 (“PPSA”)

The Customer agrees that SAMS can, without notice to it, seek Registration of its Security Interest on the Personal Properties Securities Register (“the PPSR”). Further, the Customer agrees: that it shall indemnify SAMS against any costs SAMS incurs in perfecting or maintaining its Security Interest under the PPSA, and any costs incurred by SAMS in the course of enforcing its rights under this Agreement, the PPSA, or at law generally.

7 JURISDICTION

Notwithstanding any implication of law to the contrary, all Contracts and Agreements between the Customer and SAMS shall be deemed to be made and construed, and to be enforceable in, and according to, the laws of the State of South Australia – and by mutual consent – to be subject to the exclusive jurisdiction of the Courts of that State.