Terms and Conditions

Definitions:
1. In these terms and conditions of supply of good and or services:
  1. “Buyer” means the person, firm or company having signed this document;
  2. “Seller” means TLS Security Locksmiths Pty Ltd;
  3. “Parties” means the Buyer and Seller collectively;
  4. “Property” means motor vehicle, house, commercial premises, safe etc.
  5. “Goods” means the good and or services supplied to the Buyer at the Buyer’s request.
Interpretation:
1. The Parties agree that:
  1. These terms and conditions incorporate the whole of any negotiations between the Parties as regards the supply of goods and or services any variation to same must be in writing and signed by the Parties;
  2. If any provision herein is void, illegal 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;
  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.
Price and Payment:
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.
2. Time is of the essence for payment of the Goods which must be made immediately upon receipt of the invoice with said invoice to be submitted immediately prior to delivery or installation.
3. If payment is not received by the Seller immediately upon providing the Buyer with an invoice then the Seller will be entitled to recover from the Buyer:
  1. The amount of the Invoice; and
  2. Interest having accrued on the amount outstanding invoice from the date the Invoice was supplied to the date of payment and such interest to compound daily;
  3. All collections costs incurred by the Seller including legal expenses on a solicitor and client own basis and any debt collection commissions.
Time and Title
1. The Parties agree that:
  1. Risk of the Goods will pass immediately upon supply;
  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.
Retention of Title
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 thereby:
  1. owes the Seller duties and liabilities as bailee;
  2. will not attempt to convey title to the Goods to any third party unless otherwise agreed by the seller in writing;
  3. must not prevent the Seller from entering the Buyers premises or the premises of its associate to take possession of the Goods.
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:
  1. committing an act of bankruptcy;
  2. being wound up, placed into receivership or under administration;
  3. entering into an arrangement for the benefit of it’s creditors;
  4. being in breach of any terms of this agreement.
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.
4. If the Buyer sells the Goods in contravention of this Agreement then the Buyer:
  1. holds the proceeds of the sale on trust as agent for the Seller immediately when they are received; and
  2. must pay the proceeds of sale of the Goods into a separate Bank account as trustee for the Seller.
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.
Defects:
1. The Buyer will have 7 days from the date upon which it provided the Invoice for the Goods to inspect the Goods and notify the Seller in writing as to any defect/s. The Buyer will give the Seller opportunity to inspect the allegedly Goods.
2. After the Seller has inspected the Goods it will either:
  1. Deny the Goods are defective;
  2. Confirm the Goods are defective and:
    1. Confirm the Goods are covered by a manufacturer’s warranty in which case clause 7.3 will apply; or
    2. Will agree to remedy the defect under clause 7.4.
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.
4. If the Buyer should fail to strictly comply with clause 6.1 above them the Goods are conclusively deemed to be supplied in accordance with these terms and conditions and free of any defect of damage.
Warranty and Limitation of Liability:
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.
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.
3. In the even are defect is covered by a manufacturer’s warranty the Seller will submit the same to the manufacturer but the Buyer will indemnify the Seller for any costs incurred by the Seller in that warranty claim process.
4. The Sellers liability for breach of a conditional warranty implied by any law is limited to:
  1. the replacement of the Goods or supply of equivalent ; or
  2. the repair of the Goods; or
  3. the payment of the costs of replacing the Goods or of acquiring equivalent Goods; or
  4. the payment of having the Goods repaired.
Buyers Acknowledgment:
1. In the event the Buyer has requested the Seller to gain entry to any Property the Buyer:
  1. hereby confirms that it has a lawful right to gain access to the Property;
  2. acknowledges that the Property may be damaged by the Seller gaining access to the said Property and the Buyer voluntarily assumes the risk of that damage; and
  3. hereby authorizes the Seller to access that Property.
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.
3. The Buyer has read all the above terms and conditions and agrees to be bound by the same as evidenced by the Buyer’s execution hereunder: