Conditions of Supply

CONDITIONS OF SUPPLY OF GOODS AND OR SERVICES FOR KGB SECURITY LOCKSMITHS P/L

1. All orders accepted and goods or services supplied (hereinafter called product) by K.G.B. Security Locksmiths Pty Ltd (hereinafter called the Seller) are subject to and conditional upon the following conditions, or as otherwise agreed between the parties in writing, and further all conditions of sale implied by Law or Statute are hereby specifically excluded and negatived by this agreement so far as it is lawful to so do.

2. The Purchaser agrees to pay for all product, valid payment to be delivered or rendered prior to delivery of same unless the Seller agrees to provide credit upon application by the Purchaser or unless the Seller waives this condition prior to delivery of product.

3. The Purchaser acknowledges that seven (7) days from delivery of product is sufficient time and reasonable opportunity for the Purchaser to inspect such product.

4. The Purchaser warrants and acknowledges that unless it notifies the Seller within the time as provided for by the foregoing clause 3., it shall be deemed to have accepted the product.

5. It is a condition of sale where payment for product is not made prior to delivery that ownership of the product in each delivery shall remain with the Seller until the purchase price is validly paid, and until such payment is made the Purchaser shall hold the product as bailee for the Seller.

6. Where credit has been extended to the Purchaser by the Seller, unless otherwise agreed in writing between the Seller and the Purchaser, valid payment for provision of product shall be made by the Purchaser and received by the Seller within seven days of such provision. Where such payment is not made and received as aforesaid, the Purchaser at the Seller's discretion shall be liable for interest to the Seller on the relevant amount calculated at a rate being equivalent to that charged by any commercial bank for an overdraft cheque account.

7. In the event a third party is contracted by the Seller to assist in the collection of a Purchaser's debt, the Seller reserves the right to pass on to the Purchaser any reasonable charges so incurred.

8. In the event that the Purchaser fails to validly pay the Seller for any product, such failure shall constitute a fundamental breach of contract whereupon the Seller in addition to any other legal rights in respect of the said breach shall be entitled to retake possession of the product and for that purpose the Purchaser, so far as the Purchaser is lawfully able to do so, hereby irrevocably authorises the Seller to enter the relevant premises on which the product is situated without liability to the Purchaser.

9. It is hereby agreed that the product is supplied at the Purchaser's risk when the property therein passes to the Purchaser at the making of this contract.

10. The Seller does not give any promise as to the effectiveness (either stated or implied) of any product.

11. The Purchaser acknowledges that it has not agreed to purchase the product in reliance upon any oral or written representation made by or on behalf of the Seller.

12. Upon the Purchaser receiving the Seller's invoice for product either at the time of supply or at a later date, the Purchaser acknowledges receipt of the product in merchantable condition and in compliance with its description if any.

13. Product delivered and received by the Purchaser is not returnable to the Seller without prior arrangement.

14. All product supplied is covered by a 180 day warranty applicable at the discretion of the Seller.

15. Where any product is covered by a manufacturer's warranty, any warranty claims made by the Purchaser to the Seller in respect of the product will be referred to the manufacturer by the Seller whereupon should the manufacturer require the product to be returned for inspection the Seller reserves the right to charge the Purchaser a reasonable fee for collection, labour and delivery.

16. The Seller's relevant invoice must be produced by the Purchaser for any warranty claim in respect of the product.

17. The Purchaser hereby agrees to fully indemnify the Seller in respect of any actions, claims, costs or expenses arising from any act or omission in ordinary course of the provision of the product by the Seller or by the Seller's employees.

18. If the product is to gain entry to property or equipment, the Purchaser hereby confirms that they are duly authorised in that respect.

19. Prices or estimations quoted by the Seller where the site for the product has not been inspected may vary and may be subject to further or final inspection whereupon disassembly may be required.

20. The Seller reserves the right to vary any verbal quote given for a product.

21. The Seller's liability for damages including consequential loss to the Purchaser or any third party in respect of the supply of product is limited to the value of the product.

23. The purchaser may be at the sellers discretion charged in full or part therof for any services or products ordered which is then cancelled at the request of purchaser.

22. The Seller reserves the right to amend its CONDITIONS OF SUPPLY OF GOODS AND OR SERVICES FOR KGB SECURITY LOCKSMITHS P/L and any such amendments shall be posted on the Seller's website and displayed at the Seller's business premises.