Please read carefully the terms and conditions KGB Security; service and supply of goods for.
Conditions of Supply of Goods & or Services
1.1 In these terms and conditions of supply of goods and or
1.1.1″Buyer” means the person, firm or company having signed
this document and/or who purchases and or accepts Goods from the Seller ;
1.1 .2 “Seller” means KGB Security Locksmiths Pty Ltd;
1.1.3 “Parties” means the Buyer and Seller collectively;
1.1.4 “Property” means a motor vehicle, dwelling, commercial premises, etc. 1.1.5 “Goods” means the goods
and or services supplied to the Buyer at the Buyer’s request.
2 Interpretation: –
2.1 The Parties agree that:
2.1.1 All requests for Goods
supplied by the Seller and accepted by the Buyer 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;
2.1.2 If any provision herein is void, legal or
otherwise unenforceable then the Parties will amend that provision so as to
achieve the intention of the Parties without illegality or that said provision
may be severed from these terms at the discretion of the Seller; 2.1.3 This
agreement is deemed to have been made in Queensland and the Parties agree
that any dispute will be heard by a court of competent jurisdiction located
closest to the Seller’s business premises.
3 Price and Payment: –
3.1 At the Seller’s discretion the Price of the Goods
will be as indicated on the invoice provided by the Seller to the Buyer. Time
is of the essence for payment of the Goods which must be made immediately
upon receipt of the invoice, with said invoice being submitted at the sellers
discretion. If payment for the Sellers invoice is not received by the Seller
immediately upon providing the Buyer with such Invoice, then the Seller
will be entitled to recover from the Buyer: 3.2.1 The amount of the Invoice;
3.2.2 At the Sellers discretion, Interest having accrued on the amount
outstanding on said Invoice from the date the Invoice was supplied to the
date of payment and such interest calculated at a rate being equivalent to that
charged by any commercial bank for an overdraft cheque account ;
3.2.3 All collections costs incurred by the Seller including legal expenses on a
solicitor and client own basis and any debt collection commissions.
Estimations quoted by the Seller where Goods are to be installed or fitted
and where the property has not been inspected, may vary and may be subject
to further inspection. Estimations quoted by the Seller where Goods are to be installed or fitted and where the property has been inspected may vary where additional information or circumstances arise in the process of installing or fitting the goods.
3.3.2 Any unforeseen circumstances which causes a quoted job to take longer than the quoted labour time may result in additional labour charges which in turn may (at the Seller’s discretion) be passed to the buyer. These include inductions required by a third party so the Sellers staff or contractors can attend the worksite or complete the quoted job.
3.3.3 The Seller reserves the right to vary any verbal
quote given for goods.
4 Risk and Title: –
4.1 The Parties agree that:
4.1.1 Risk of the Goods will
pass immediately upon supply;
4.1.2 Title to the Goods will only pass to the
Buyer when the Buyer has paid for the Goods along with any interest, costs
and other expenses imposed by this agreement in full.
5 Retention of Title:-
5.1 The Parties agree that while title to the Goods has
not passed to the Buyer, the Buyer will hold those Goods as bailee and
5.1.1 Owes the Seller duties and liabilities as bailee;
5.1.2 Will not attempt to convey title to the Goods to any third party unless otherwise
agreed by the seller in writing;
5.1.3 Must not prevent the Seller from entering the Buyers premises or the
premises of its associate to take possession of the Goods. 5.2 The Seller is
immediately entitled to take possession of the Goods whilst title has not yet
transferred to the Buyer in the event of the Buyer: 5.2.1 Committing an act of
5.2.2 Being wound up, placed into receivership or under
5.2.3 Entering into an arrangement for the benefit of it’s
5.2.4 Being in breach of any terms of this agreement.
5.3 The Buyer will indemnify the Seller for any claim made by any third party
against the seller as a result of the Seller taking possession of the Goods.
5.4 If the Buyer sells the Goods in contravention of this Agreement then the
5.4.1 holds the proceeds of the sale on trust as agent for the Seller
immediately when they are received; and
5.4.2 Must pay the proceeds of sale of the Goods into a separate Bank account as trustee for the Seller.
5.5 Notwithstanding the provisions in this clause 5, the Seller is entitled to
maintain an action against the Buyer for the Invoice, interest and other costs.
6 Defects: -6.1 The Buyer will have 7 days from the date upon which it was
provided the Invoice, to inspect the Goods and notify the Seller in writing as
to any defects. The Buyer will give the Seller opportunity to inspect any
allegedly faulty Goods or Service. 6.2 After the Seller has inspected the
Goods or Service, the Seller will either: 6.2.1 Deny the Goods are defective;
6.2.2 Confirm the Goods are defective and: 184.108.40.206 Confirm the Goods are
covered by a manufacturer’s warranty in which case clause 7.3 will apply; or
220.127.116.11 Will agree to remedy the defect under clause 7.4.
6.3 The Sellers liability is confined to clause 6.2 and will not extend to any other claims for
loss or damage occurring in respect to the supply of the Goods. 6.4 If the
Buyer should fail to strictly comply with clause 6.1 above then the Goods
are conclusively deemed to be supplied in accordance with these terms and
conditions and free of any defect of damage.
7 Warranty and Limitation of Liability: – 7.1 The Buyer has satisfied
itself as to the suitability of the Goods for the purpose for which they are
required by the Buyer and the Seller shall not be liable for any loss or damage
direct or indirect should the Goods not be suitable for that purpose.
7.2 Except as provided herein all express and implied warranties, guarantees
and conditions under statute or general law as to merchantability,
description, quality, suitability or fitness of the Goods for any purpose or as
to design, assembly, installation, materials or workmanship or otherwise are
expressly excluded and the Seller shall not be liable for physical or financial
injury, loss or damage or for consequential loss or damage of any kind
arising out of the supply, layout, assembly, installation or operation of the
Goods or arising out the Seller’s negligence in any way whatsoever.
7.3 In the event a defect is covered by a manufacturer’s warranty the Seller
will submit the allegedly faulty product to the manufacturer. The Buyer will
indemnify the Seller for any costs incurred by the Seller in that warranty
claim process. 7.4 The Sellers liability for breach of a conditional warranty
implied by any law is limited to: 7.4.1 the replacement of the Goods or
supply of equivalent Goods; or 7.4.2 the repair of the Goods; or 7.4.3 the
payment of the costs of replacing the Goods or of acquiring the equivalent
Goods; or 7.4.4 the payment of having the Goods repaired. 7.4.5 In the
event there are consequential costs to remove or refit the product to facilitate
a claim the Buyer agrees to pay same. (example – freight cost to return a
safe to the manufacturer or scissor lift hire to remove a CCTV camera )
7.4.6 Where the Seller performs a service which is the provision of labour to repair the Buyers
equipment the warranty period is 6 months. In event the Buyers equipment suffers a
failure which is unrelated to the labour performed additional charges may apply at the Sellers discretion.
8 Buyers Acknowledgment: – 8.1 In the event the Buyer has requested the
Seller to gain entry to any Property the Buyer: 8.1 .I hereby confirms that it
has a lawful right to gain access to the Property; 8.1.2 acknowledges that the
If required and In the process of gaining entry the property ( locks ) may be damaged by the Seller to the said Property
and the Buyer voluntarily assumes the risk of that damage; and 8.1.3 hereby
authorizes the Seller to access that Property. 8.2 The Buyer further agrees to
hereby indemnify the Seller against all claims, demands, damages, penalties,
costs, charges and expenses to which the Seller may become wholly or
partially liable as regards the supply of the Goods whether or not by virtue
of any negligence on behalf of the Seller or the Seller’s Agents. 8.3 The
Buyer warrants and acknowledges that unless it notifies the Seller as
provided for by clause 6.1., it shall be deemed to have accepted the Goods.
8.4 Upon the Buyer receiving the Seller’s invoice for the product either at the
time of supply or at a later date, the Buyer acknowledges receipt of the
product in merchantable condition and in compliance with its description if