The following terms and conditions between Tom Cowles Locksmiths and TCL Security (company/we/us/our) and the customer (you/your) apply to the provision of goods and/or services by us to you.
“company” means Tom Cowles Pty Ltd, Tom Cowles Locksmiths and TCL Security.
“customer” means the purchaser (you) of the products and/or services supplied by us.
“products” means the locks, safes, security cabinets, keys and other products, if any, specified in any order.
“services” means the delivery, installation and other services, if any, specified in any order.
“Order” means a request by you to us for the provision of goods and/or services.
“default rate” means the current unsecured Business Overdraft Indicator Lending Rate (or any replacement of it) published by Commonwealth Bank Australia.
“GST” means goods and services tax imposed in Australia by the GST law.
“GST Law” means a New Tax System (Goods and Services Tax) Act 1999.
Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty guarantee, right or remedy implied by law (including but not limited to the Trade Practices Act 1974) and which by law cannot be excluded, restricted or modified.
2. Terms of Sale
The products sold and the services supplied by the company are sold and supplied on these terms and conditions.
3.1 Any quotation by the company is not and shall not be construed as an offer capable of acceptance or as creating an obligation to sell.
It is the customer’s responsibility when ordering to ensure the products and services ordered conform to the customer’s requirements and are suitable and sufficient for the customer’s purpose.
3.2 It is the customer’s responsibility to provide all information necessary to enable performance of the contract and the customer shall be responsible for any costs arising directly or indirectly from any error or omission in that information or any delay in providing that information.
3.3 If the customer cancels or alters any order or part order for products or services with specifications requested by the customer or standard products with non-standard materials at any time after the company has received the order, then without prejudice to any other rights the company has against the customer, the company reserves the right to charge the customer costs and charges for materials already acquired for the order together with the cost of any labour and tooling expended to the date of such cancellation or alteration.
3.4 Where any order is to be collected from the company, the customer agrees to collect said order/s within 30 days of notification of availability from the company. Failure to collect an order will result in additional charges being made against the customer by the company for storage and other relevant costs.
4.1 All customers’ orders for products and services to be supplied by the company are accepted by the company on the basis that the customer agrees and acknowledges that the amount payable for the supply of the products and services shall be as follows:
(i) if the products and services are to be delivered to the customer within three months of the company’s acceptance of the customer’s order, then the amount payable shall be at the rate specified by the company at the time of acceptance of the customer’s order;
(ii) Prices quoted and this contract are based on present rates and costs of material including, labour, freight, currency exchange rates insurance, customs agents and carriers’ fees, government tariffs, duties and taxes and such prices shall be subject to increase arising from any variation of such rates or costs or the method of assessment of the same occurring during the term of this contract before delivery of the Goods to you. Otherwise prices quoted shall not be subject to change within 30 days from the date of quotation.
(iii) Prices quoted in this contract are for a complete and full supply of the order. Orders must not be split unless specifically noted in the quotation. Any changes or reductions in the order may vary the prices quoted and as such the company should be advises so the quotation can be altered to reflect the correct quantities ordered.
4.2 Prices quoted are exclusive of GST (unless specified) and you are required to pay any GST payable by the company in respect to the supply of Goods at the same time that the price is required to be paid by you to the company.
4.3 All taxes, exchange rate and/or import duty payable on any supply referred to and/or included in an order or invoice either received or provided by the company shall be paid by the customer in accordance with the existing standards and rates as at the date of quotation, or if required by legislation, at the date of invoice. Payment of such amount shall be made at the same time as the payment for the products and services provided in paragraph 5.
5. Invoicing and Payment Terms
5.1 The company is entitled to issue an invoice with respect to the products and services at the time the product or service is completed and ready for delivery or collection whether or not the customer wishes to take delivery of or collect the products.
5.2 The customer shall pay the invoice for the products or services within 30 days of the date of invoice.
5.3 Credit will automatically be stopped if the customer’s account is overdue.
5.4 In the event that the customer fails to make any payment to the company on the due date or is in breach of any of these terms and conditions then the company shall be entitled to cease production of the products and/or services; and/or to stop the delivery or collection of the products or services or any part thereof and/or stop any products in transit and/or otherwise cease to perform any of its obligations to the customer.
5.5 Any outstanding amounts will accrue interest at the default rate calculated monthly from the due date until paid in full and together, with any legal expenses incurred by us (on a full indemnity basis) in relation to recovering the outstanding amounts, will be payable on demand.
5.6 If you make any payment by credit card, we reserve the right to levy a surcharge to recoup the cost of the merchant fee we incur. The surcharge will be as follows:
(i) Visa and MasterCard, 2% of the payment amount;
(ii) Other credit cards if available, 3% of the payment amount.
5.7 If you wish to establish a credit account you must submit a credit application to us at least 10 working days prior to the date of any order submitted for products and/or services. We will assess your application for a credit account and advise you in writing if your application is accepted. Acceptance of your application for a credit account is at our absolute discretion.
5.8 Irrespective of whether you hold an account with us, we may, in our absolute discretion, require you to prepay some of the charges, including, but not limited to, manufacture costs. Such payment, if requested, will be applied against the invoice we raise for the products/services. If you do not pay the charges in accordance with this clause we may, in our absolute discretion, elect not to provide the products/services to you.
5.9 On orders valued at over $20,000 a deposit may be requested and must be paid before the orders are processed. Delays in any deposit requested may cause delays in delivery of the products or services. Deposits may be requested on values under $20,000 at the sole discretion of the company.
6. Delivery, Installation and Risk
6.1 The delivery times made known to the customer are estimates only and the company shall not be liable for late delivery or non-delivery and under no circumstance shall the company be liable for any loss, damage or delay occasioned to the customer arising from late or non-delivery of the products and services.
6.2 In the event that the customer is unable or unwilling to accept delivery of the products as agreed then the customer shall be liable for all storage costs, charges, expenses and additional delivery charges, such amount to be paid on delivery including but not limited to where the late delivery or non-delivery is caused by or contributed to by the negligence of the company, its contractors or agents.
6.3 The customer or its agent shall bear all risk of loss or damage to the products upon and from delivery of the products to the customer or delivery at the customer’s direction. The customer shall effect all necessary policies of insurance as it may deem appropriate to insure against any such risk of loss or damage.
6.4 The customer must permit (or arrange permission for) us to access the premises where the product is to be delivered.
7. Property and Ownership
7.1 Notwithstanding that risk in the products shall pass to the customer as provided herein, title to the products shall not pass to the customer until the customer has made payment in full of all monies owing by the customer to the company (whether such monies are in respect of the monies payable under a specific contract or on any other account whatsoever).
7.2 Until such time:
(i) the customer shall store and identify the products so as to indicate that they are the property of the company;
(ii) the company reserves the right to enter the customer’s premises (or the premise of any associated company or agent where the products are located) without liability for trespass or any resulting damage and retake possession of the products;
(iii) the customer acknowledges that should the products be lawfully repossessed by the company, the company reserves the right to keep or resell the products; and
(iiii) if the products are resold to a third person by the customer:
(a) the customer is authorised to transfer the equitable title in that product as agent for the company and the legal title in such product shall vest in the third person at the time of sale for the sole purpose of permitting the customer to transfer the legal title to the third person; and
b) the customer shall hold such part of the proceeds of such sale as represents all amounts due and owing to the company in trust for the company in a separate identifiable account and pay such amount to the company upon request; provided however, that nothing herein shall be construed to relieve the customer from paying the full sum due to the company or bringing the sum held in trust to account.
7.3 This clause shall apply notwithstanding that the products may be affixed to a chattel or the land of the customer or any other person.
8. The Company’s Warranties
8.1 To the extent permitted by law, all representations, warranties and conditions regarding the products and services are excluded.
8.2 To the extent permitted by law, the company’s liability (if any) for breaching any implied representation, warranty or condition that cannot be excluded is limited to (at the option of the company), the supply of the products and its services again or the payment of the cost of supplying the products and services again. In no event shall the company be liable for consequential, incidental or punitive loss, damages or expenses howsoever arising, including but not limited to the negligence of the company, its contractors or agents.
8.3 Subject to clause 9, the company extends to the customer the benefit of the warranty, if any, provided to the company by its suppliers in relation to the particular products supplied by the company to the customer pursuant to this Agreement.
8.4 Subject to clause 9, the company may, in its sole discretion, resupply or remedy services supplied within 3 months of the date of supply on receipt of a request from the customer.
8.5 The company will not be deemed to have warranted that the products or services are fit for a particular purpose unless the customer has notified the company that the customer intends to use the product or services for that particular purpose.
9.1 The customer shall inspect the products and services at the time of delivery and shall notify the company in writing of any damage to or defect in the products or services or of any non-compliance with description (if the products or services are supplied by description) within seven (7) days of the date of delivery. Notification should be sent to email@example.com with regards to any warranty claim.
9.2 The customer warrants and acknowledges that seven (7) days from delivery is sufficient time and reasonable opportunity for the customer to inspect the products and services.
9.3 The customer warrants and acknowledges that unless it notifies the company as provided in sub-clause 9.1, it shall be deemed to have accepted the products and services.
10.1 Subject to clause 9, it is at the company’s discretion as to the acceptance of the return of any products. Products may not be returned to the company without express written permission from the company and may only be considered for return in the event that the company may return said products to the original supplier.
10.2 All accepted returns will be subject to the following charges:
(i) 15% of the sales value of the products (minimum charge $20); and
(ii) Applicable supplier re-stocking fees.
(iii) Labour and keying charges are non-refundable.
11.1 This Agreement constitutes the entire Agreement between the company and the customer and any prior Agreement or understanding between them in respect of the subject matter in this Agreement, including any quotation is superseded by this Agreement.
11.2 If any of these terms and conditions is, or becomes, for any reason wholly or partially invalid, then that term or condition will to the extent of the invalidity be severed without affecting the enforceability and validity of the remaining terms and conditions.
11.3 This Agreement is governed by, and must be construed in accordance with, the laws of the State or Territory where the products and/or services are provided and the parties submit to the non-exclusive jurisdiction of the courts of that State or Territory.
11.4 You warrant that you are entitled and authorised to enter into and perform your obligations under this Agreement.
11.5 Where a person enters into this Agreement in their capacity as your agent, both you and the agent agree that your obligations under this Agreement (including, but not limited to, payment of the charges) bind both you and the agent jointly and severally.
11.6 You must not assign, novate or otherwise deal with any of your rights and obligations under this Agreement (including with respect to the payment of any invoice) without our prior written consent, which will be provided in our absolute discretion.
11.7 If you:
(i) breach any term of this Agreement; or
(ii) become subject to the appointment of a liquidator, receiver, manager, trustee in bankruptcy or other form of administration or we determine that you are otherwise unable to pay your debts as and when they fall due, then, without prejudice to any other rights which we may have, we may terminate this Agreement and immediately cease to provide products and/or services to you.
11.8 For the purposes of these Terms and Conditions any acts of a related body corporate related to the customer in relation to the provision and/or services shall be deemed to be an act of the customer and any acts of any related body corporate of the company shall be deemed to be an act of the company.
12. Intellectual Property
The company owns and will retain the ownership of all intellectual property, copyright and design rights in and to the products the services and any associated documentation, and owns and will retain the ownership of any associated documentation produced in connection with the products and services. This includes but not limited to codes, coding and records or such security systems.
(a) The information provided by you to us may contain your personal information. The purpose for which the information is collected is to enable us to consider your information, provide the products and/or services and protect our interests in the products and you consent to us collecting the information for these purposes. You are generally entitled to gain access to the information. If you do not provide personal information to us, we will not be able to assess your application and provide the products and/or services. You agree that, in order to assess your application and manage your account we may give personal information about you to a credit reporting agency including details of your identity, your application and the status of your account. You agree that we may exchange information about you with credit providers named in this credit application, or named in a credit report issued by a credit report agency, any information about your credit arrangements, including information about your credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act. You agree that we may use this information to assess an application by you for credit, notify other credit providers of a default by you under this contract or to assess your credit worthiness.
(b) If you are making an application for commercial credit then:
(i) You agree that we may obtain a consumer credit report about you from a credit reporting agency for the purpose of assessing your application for commercial credit.
(ii) You agree that we may obtain from a credit reporting agency a consumer credit report for the purpose of collecting overdue payments relating to commercial credit owed by you to us.
(c) If you are making an application for consumer credit then:
(i) You agree that we may obtain information about you from a business which provides information about the commercial credit worthiness of persons for the purpose of assessing your application for consumer credit.
Any changes to the terms and conditions may only be made by management of Tom Cowles Pty Ltd. For questions please email firstname.lastname@example.org
When you deal with Tom Cowles Locksmiths you know you are dealing with quality. Tom Cowles Locksmiths only deals with top quality products and offer the best prices in town.
We also keep the largest range of spare parts in Far North Queensland.
|Moday - Friday||8:00am - 17:00pm|
|Saturday||9:00am - noon|
We also offer a 24 Hour, 7 Day a week call out service.