The Trustee to the Siess Trust - Trading as “Cheap Alarm Parts” and “Alarms Online”  - TERMS AND CONDITIONS OF SALE & SUBSCRIPTION SERVICES

1. DEFINITIONS and interpretation     
1.1 “The Business” means The Trustee to the Siess Trust ABN 14 784 781 921 Trading as “Cheap Alarm Parts” and/or “Alarms Online”, and its employees, agents, sub-contractors, any person working in its business.
1.2 “Agreement” means the agreement between the customer and The Business of which these terms and condition form part.
1.3 “Goods” and “system” includes all hardware and software goods that The Business has agreed to install, repair, program or maintain or supply.
1.4 "Service provider" means any other company providing services for the said installation or equipment, (for example, Telstra) including their employees, agents, sub-contractors, any person working in its business.
1.5 “Services” includes, but is not limited to installation fees, programming fees, sales fees and charges and service fees.
1.6 “You” “he” “she” “customer” means the person or company named as the customer on the order or quote, making payment for or accepting the goods or services.
1.7 Headings in these terms and conditions are for the ease of reference only and do not affect their meaning.  1.8 A reference to the singular includes the plural and a reference to any gender includes any other gender.
2. ACKNOWLEDGEMENT:
2.1 The customer acknowledges that he/she has selected the alarm equipment to be installed at his/her legally occupied premises, according to his/her sole assessment of his/her risks and requirements, and is fully aware of the limitations of the equipment.
2.2 The customer agrees that The Business shall not be liable for any claims or losses of any kind whatsoever, including, but not limited to, damage to property, injuries to persons which may result directly or indirectly from the installation of, failure of, design of, operation of, programming of, or repairs to the equipment. The customer indemnifies The Business against any claims that may so arise.
2.3 The Customer agrees to arrange installation of the equipment by fully qualified and licensed tradesmen according to the laws and jurisdictions of the state where the equipment is to be installed.
3. PAYMENT/TRADING TERMS
3.1 Unless otherwise stated in writing, payment for goods supplied shall be made in full before dispatch of those goods whether purchased directly from The Business, or via a Internet-web based ordering system, online auction or otherwise.
3.2 The Business reserves the right to place orders on hold until previous outstanding accounts have been settled.
3.3 If the customer fails to pay for the goods or services within 14 days, The Business reserves the right to charge interest on any outstanding balances at the rate of 29.5% percent per annum commencing Seven (7) days from invoice date.
3.4 The Business reserve the right to recover the full costs involved in the recovery of any amounts overdue (including all legal costs and expenses or otherwise).
3.5 Where completion of the installation, supply of goods or programming is not possible due to building delays, service provider delays, manufacturing delays or any other delays whatsoever, the customer agrees to pay The Business a fee in proportion to the work carried out as well as for all equipment installed and/or purchased for the said order.
4. PRICE VARIATION
4.1 The customer shall pay all additional charges for additional hardware or services not covered by the Agreement.
4.2 The Business reserves the right to re-negotiate the charges with the customer following any changes or additions to the system or the services provided under the Agreement.
4.3 The Business reserves the right to vary prices without notice in accordance with variations in charges, duties, transportation costs, labour rates, suppliers’ costs etc.
4.4 If an increase is necessary because of factors beyond the control of The Business, such as service provider charges etc., the customer agrees to reimburse The Business for such increases from the time such increases become applicable.
4.5 The Business reserves the right to vary prices and delivery charges in any online auctions listings.
4.6 Quotations are valid for 30 days.
5. CONFIDENTIALITY
5.1 The customer and The Business shall treat any information received, implied or otherwise accessed from the other party, which is not accessible by the public, as confidential.
5.2 These terms and conditions and the Agreement shall remain confidential and will only be disclosed to those with a need to know, or as may be required by the law.
6. RETENTION OF TITLE
6.1 Title to and property in the goods provided by The Business to the customer shall remain with The Business until such time as the goods, and all related services, have been fully paid for by the customer to The Business.
6.2 Notwithstanding any other clause contained herein the risk in all goods shall pass to the customer immediately upon the dispatch of goods from our business address and all goods must be paid for notwithstanding the destruction thereof or any damage thereto however caused.
6.3 In the event of the customer not paying for the goods within the above-mentioned terms, The Business hereby are irrevocably authorised to enter the premises of the customer and re-possess those goods and any other goods in the customer’s possession the property in which is vested in The Business. The customer shall still remain liable for all services performed on the equipment computer system up to and including the day of repossession of the goods. In addition, the customer shall also be liable for a rental fee for the goods equivalent to 1/6th of the original invoice amount for the same for each month or part thereof during which the customer shall have had possession of the goods.
7. WARRANTY
7.1 Subject to clauses 7.3 to 7.17 inclusive every piece of equipment supplied by The Business and sold to the customer is warranted by the manufacturer against defect as set out in any Warranty form provided upon delivery. All peripherals are warranted against defect according to the terms as set out by the manufacturer. Peripherals are defined as all items external to the main control panel.
7.2 All components supplied separately are warranted against defect according to the terms as set out by the relevant manufacturer.
7.3 This agreement does not cover installation of hardware or firmware upgrades required after the time of purchase.
7.4 Unless expressly given in writing, no warranty whatsoever applies to second-hand equipment.
7.5 Should the use by the customer of the system or any items forming part of the system exceed the design parameters of the system any warranties set out herein or otherwise implied by law shall not be applicable.
7.6 The Business will not be responsible for the compatibility (or incompatibility) of any item of equipment or software not supplied or recommended in writing by The Business.
7.7 Warranty is strictly a back-to-base service. All equipment must be returned to the business address of The Business before any warranty matter will be dealt with.
7.8 Transportation costs of goods are not covered by any warranty.
7.9 Postage and/or courier costs of any goods returnable to the customer after a repair or replacement must be paid for by the customer before any warranty matter will be dealt with.
7.10 This warranty is personal to the customer and shall only apply if the equipment has been:
(a)Subject to normal usage (b)Been maintained as recommended (c)Installed by a Security Licence Holder. (e)Used in an environment as recommended by the manufactures. 7.11 Warranty work may be charged for, or refused, if: (a)The equipment has been tampered with or repaired by unauthorised persons. (b)Subject to any abnormal usage. (c)Outstanding account balances have not been paid in full.
7.12 Failure of the equipment due to outside circumstances such as service provider faults, lightning, power surges, incompetence, malicious damage, animals & rodents, war, floods, acts of terrorism and other major disasters etc., failure of equipment servers, hosts, cloud services, connection ability or redundancy of such services or providers, will not be covered by this warranty.
7.13 Silver foil tapes are not covered by this warranty.  
7.14 Folding keypad covers, doors and other lids are not covered by this warranty. Batteries and fuses are not covered by this warranty.,
7.15 This warranty applies only to new equipment specifically set out in the order and supplied by The Business.
7.16 The liability of The Business shall be limited to the repair or replacement of the faulty equipment (at The Business’s sole option).
8. LIABILITY
8.1 The Business shall not be liable to the customer or to any other person whomsoever for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the goods (or any of them), part of the goods or otherwise, other than as expressly set out in these terms and conditions or imposed by statute in terms of which it is not possible to limit or exclude liability.
8.2 The liability of The Business for any loss for which it is liable under the above clause 7.1 shall be limited to the price or licence fee or other sum paid by the customer to The Business for the goods, licence or service from which such loss or damage directly arose.
8.3 The Business shall not be liable for any indirect, consequential or incidental damages including loss of revenue suffered by any party arising out of or in any way connected with the goods, system or services the subject of the agreement between the customer and The Business.
8.4 The Business will not be held responsible for any service provider or data charges generated by the equipment during normal or abnormal operations, incorrect programming or for any other reason whatsoever.
9. PRODUCT RETURNS
9.1 Sales are final and no returns of goods are accepted unless the following applies:
9.2 All returns of goods MUST: (a) Be authorised in writing by the Financial Controller of The Business and (b) Be within 7 days of original invoice date and (c) Be a regularly stocked item and (d) Not be used and must be sealed in its original packaging and in 100% saleable condition.
9.3 Any refund is given in the form of a credit.
9.4 Due to licensing requirements, no software returns are accepted.
9.5 Items that have been pre-programmed can not be returned.
9.6 “Programming” can not be returned.
10. PROGRAMMING
10.1 Supplied Equipment will be programmed to the manufactures defaults unless otherwise agreed to.
10.2 All programming remains the intellectual property of The Business, including all technician, master and management codes and passwords.
10.3 Should any piece of equipment be incorrectly programmed by The Business, the liability of The Business shall be limited to the re-programming of that piece of equipment to the customers original specifications. The item must be returned to The Business under our normal Warranty conditions for re-programming.
10.4 Any “Free” programming offers includes programming of equipment supplied in the basic kit form and does not include programming of any extra components purchased by the customer at the same time.
10.5 Any “Free” programming offers does not include programming or testing the system back to base or SMS numbers.
10.6 Any “Free” programming offers do not include any programming beyond programming one installer code, one master codes and up to 10 user codes and up to two wireless keyfobs.
11. WAIVER
11.1 Failure or neglect by The Business to enforce at any time the provisions hereof shall not be construed nor shall be deemed to be a waiver of The Business rights hereunder nor shall it in any way affect the validity of the whole or any part of this Agreement nor The Business’s right to take subsequent action.
12. SEVERABILITY
12.1 In the event that any or any part of these terms, conditions or provisions shall be determined invalid, unlawful or unenforceable to any extent such terms, conditions or provisions or part thereof shall be severed from the remaining terms and conditions which shall continue to be valid and enforceable to the fullest extent permitted by the law.
13. WHOLE AGREEMENT
13.1 The Agreement supersedes any arrangements understandings provisions or agreements made or existing between the customer and The Business prior to or simultaneously herewith and constitutes the sole and entire agreement between the parties and except as provided herein no variation, amendment, modification, or addition to any of its terms shall be of any force or effect unless the same shall be in writing and signed by and on behalf of the customer and The Business.
14. PROVISION OF CREDIT
14.1 The Business does not provide credit to its customers.
15. GOVERNING LAW
15.1 This document shall be governed by the laws of New South Wales.
16. NON-ASSIGNMENT
16.1 The customer will not assign any of its rights or obligations under the agreement without the written consent of The Business.
17. COURIERS AND POSTAGE
17.1 Where goods are to be delivered, The Business will employ a Courier or Postage service to deliver the goods on The Business’s behalf.
17.2 None of our couriers are common carriers and all goods are accepted for carriage at the sole risk of the customer.
17.3 Any delivery times given by The Business are approximate and are not guaranteed.
17.4 If there is no one at the delivery address to accept the parcel, a card will be left for the customer. It is the customers sole responsibility to contact the courier company to arrange re-delivery.
17.5 Undelivered parcels are usually held by the courier company for 48hrs. After this time, a re-delivery charge equal to the original delivery charge with be charged to the customer by The Business.
18. EXTERNAL SERVICE PROVIDERS
18.1 The Business does not guarantee the availability of any external service providers, hosts or cloud services which may be required to use some capabilities on equipment. The customer understands that some equipment may not be fit for purpose without these services in the future, but are sold on the fact that these services exist at the time of sale and the equipment is fit for purpose at the time of sale.
19 SUBSCRIPTION SERVICES
19.1 Many of our products are intangible in nature. Once payment has been made for such items The Business will grant a single licence to use the product which is linked to the selected site or panel serial number
19.2 Subscriptions are linked to serial numbers and are not transferable.
19.3 All subscription fees or charges billed to your account must be paid in full by the due date, otherwise The Business will have the right to suspend your MyAlarm services until all outstanding fees and charges have been paid in full.
19.4 Subscription services will continue to be billed until terminated, by you or by us.
19.5 Subscription fees will apply regardless of whether or not you use the subscription.
19.6 Subscriptions may rely on external providers (such as your Internet Service Provider or cloud based services). The Business does not guarantee the availability of any external service providers, hosts or cloud services which may be required to use some capabilities, subscriptions or equipment.
19.7 The customer agress that The Business will not remiburse them for any period of time where the service is down or unusable.