1 Interpretation & notices

1.1 In this agreement unless the contrary intention appears: business day means any day except a Saturday, Sunday or public holiday in Western Australia goods means the goods described overleaf; installation means the delivery of goods or provision of the services under this agreement; price means the total stated overleaf; services means the services described overleaf; we/us means Nibbur Pty Ltd T/A Aus Secure; you means the customer(s) as described overleaf
1.2 A reference to:

  1. a clause is a reference to a clause in this document; and
  2. a person includes the executors, administrators and assigns

1.3 In this agreement an obligation undertaken by two or more persons is undertaken by them jointly and severally
1.4 Any notice to be given under this agreement must be given by delivery or pre-paid ordinary post to a party at their address stated in this agreement
2 Installation and inspection
2.1 Any date or time we give you for installation is an estimate only and, while we will use our best endeavors to deliver the goods and services by that date, failure to do so will not:

  1. confer on you any right to cancel this agreement or refuse installation;
  2. relieve you of any obligation to pay us; or
  3. render us liable for any loss or damage sustained by you as a result there of

2.2 You must remove any old materials, debris, fittings, fixtures, furniture or chattels from the installation site and provide us with clear and uninterrupted access to the installation site Additional charges will apply if you fail to do so
2.3 If any fixture to which the goods are attached are not square or are warped we are not liable for any gap or overlap following installation
2.4 You acknowledge and accept that there may be variations and inconsistencies in the colour, texture and finish of the goods
2.5 You will examine the goods and services immediately upon installation
2.6 You must notify us in writing of any mis-delivery, shortage, defect or damage in the goods or services within 7 days of the date of installation. If you fail to do so we will not be liable for such matters.
2.7 You hereby irrevocably grant us and our servants and agents an unrestricted right and license, without notice, to enter premises occupied by you and to identify and remove goods when we are entitled to do so under this agreement including the right to remove any goods fixed to such premises

3 Payment
3.1 We may ask you for a deposit of 50% of the price and will not incur any obligations under this agreement until you pay us the deposit
3.2 This document will be a tax invoice for GST purposes when you make payment
3.3 You must pay us the balance of the price on the day we complete installation. If you fail to do so, you must pay us:

  1. an additional charge of 10% of the price; and
  2. interest at the rate of 1 5% per month calculated daily on any amount due by you but unpaid under this agreement

3.4 You must indemnify us for any reasonable costs we incur in recovering any unpaid bill from you If we begin legal action and you do not defend the claim, you will pay us:

  1. $430 for debts not exceeding $2,000;
  2. $780 for debts not exceeding $5,000;
  3. $1,175 for debts not exceeding $10,000; and
  4. $1,670 for debts not exceeding $25,000

4 Warranty
4.1 If:

  1. we have manufactured the goods supplied to you under this agreement; and
  2. you have made payment under clause 3 in full; we warrant that all goods supplied to you under this agreement will be free of defects in material and workmanship for 1 year from installation

4.2 If any goods are found to be defective during the warranty period your sole remedy will be, at our option and expense, repair or replacement of the defective goods
4.3 This warranty does not cover defects caused or contributed to by:

  1. you misusing, neglecting or failing to maintain the goods;
  2. repairs to the goods by anyone except us; or
  3. Acts of God

4.4 In respect of any goods that we have not manufactured, we hereby assign you the benefit of any manufacturer’s warranty.
4.5 If we carry out services for you on your own goods or fixtures, we warrant our workmanship for 3 months from the date we first provide those services
4.6 You must pay us a reasonable fee for any time we spend investigating any defect that we are not liable to rectify under this agreement
5 Variation and cancellation
5.1 If you cancel this agreement:

  1. before 5pm on the second business day after entering into this agreement, you must pay 50% of the price.
  2. after the time stated in clause 5 1(a), you must pay us 50% of the price.

5.2 You must notify us in writing of your intention to cancel this agreement
5 3 If you request any variation to the goods and services after entering into this agreement we may refuse or accept such request subject to any conditions including additional charges

6 Limitation of liability
6.1 To the maximum extent permissible by law our liability to you for breach of any warranty or condition or for any breach of any duty of care will be limited to:

  1. in the case of goods, to the replacement or repair of the goods; and
  2. in the case of services, to the supplying of the services again

6.2 We will not be liable to you for any loss, damage or expense suffered or incurred by you because of our failure to observe these terms and conditions where such failure is due in whole or in part to any cause or circumstance outside our reasonable control

7 Property and risk
7.1 Until such time as you have made payment in full under clause 3:

  1. the goods will remain our sole and exclusive property, not-withstanding installation; and
  2. you will hold the goods solely as bailee for us and you will be liable for any loss or damage to the goods during such period.

7.3 The risk in the goods will pass to you upon installation

8 Acceptance
8 1 this quote is valid for 30 days
8 2 To accept this quote you must:

  1. Sign this agreement where indicated overleaf; and
  2. Return this agreement to us together with payment of any deposit within 30 days of the date of this quote.

9.0 Care & Maintenance guide of your Aus Secure Product See: Point number 4 Warranty (Terms and Conditions) Refer to www.aussecure.com.au for the Care & Maintenance guide of your product. Electrical motors – please see your User Manual for Manufacturers Warranty.