Access Alarms QLD PTY LTD - Terms & Conditions of Trade
© Copyright – Access Alarms QLD Pty Ltd – 2011
1.1 “Access” shall mean Access Alarms QLD Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Access Alarms QLD Pty Ltd.
1.2 “Client” shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorisation or other form as provided by Access to the Client.
1.3 “Guarantor” means that person (or persons) who agrees to be liable for the debts of the Client on a principal debtor basis.
1.4 “Goods” shall mean all Goods supplied by Access to the Client (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by Access to the Client.
1.5 “Services” shall mean all Services supplied by Access to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
1.6 “Price” shall mean the Price payable for the Goods as agreed between Access and the Client in accordance with clause 4 of this contract.
2. The Competition and Consumer Act 2010 (“CCA”) and Fair Trading Acts (“FTA”)
2.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.
2.2 Where the Client buys Goods as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.
3.1 Any instructions received by Access from the Client for the supply of Goods and/or the Client’s acceptance of Goods supplied by Access shall constitute acceptance of the terms and conditions contained herein.
3.2 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
3.3 Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of Access.
3.4 The Client shall give Access not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client or any change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or business practice). The Client shall be liable for any loss incurred by Access as a result of the Client’s failure to comply with this clause.
3.5 Goods are supplied by Access only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Client’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.
4. Price and Payment
4.1 At Access’ sole discretion the Price shall be either:
(a) as indicated on invoices provided by Access to the Client in respect of Goods supplied; or
(b) Access’ quoted Price (subject to clause 4.2) which shall be binding upon Access provided that the Client shall accept Access’ quotation in writing within thirty (30) days.
4.2 Access reserves the right to change the Price in the event of a variation to Access’ quotation.
4.3 At Access’ sole discretion a deposit may be required.
4.4 At Access’ sole discretion payment shall be due on completion of the Services.
4.5 Access may submit detailed progress payment claims in accordance with Access’ specified payment schedule. Such payment claims may include the reasonable value of authorised variations and the value of any materials delivered to the site but not yet installed.
4.6 Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due fourteen (14) days following the date of the invoice.
4.7 Payment will be made by cheque, or by bank cheque, or by direct credit, or by credit card (plus a surcharge of up to two and one half percent (2.5%) of the Price) or any other method as agreed to between the Client and Access.
4.8 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
5. Delivery of Goods
5.1 At Access’ sole discretion delivery of the Goods shall take place when the Client takes possession of the Goods at the Client’s nominated address.
5.2 Delivery of the Goods to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
5.3 Access may deliver the Goods by separate installments. Each separate installment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
5.4 The failure of Access to deliver shall not entitle either party to treat this contract as repudiated.
5.5 Access shall not be liable for any loss or damage whatsoever due to failure by Access to deliver the Goods (or any of them) promptly or at all, where due to circumstances beyond the control of Access.
5.6 The Client acknowledges that any Patrol Services offered by Access are a shared Service with other Clients of Access in the area. Therefore interruptions or delays (or both) caused by emergencies (such as fire, flood, accident, police or emergency service activities or busy periods) at any other Client’s premises may delay or prevent the response or the stated number of inspections being carried out during the service period. Access shall not be liable for any loss or damage whatsoever due to failure by Access to deliver Goods and/or Services (or any part thereof) promptly or at all, where due to any circumstances beyond the control of Access.
5.7 It is the Client’s responsibility to arrange and provide adequate, safe access to enable patrol officers to conduct patrols or inspections of Client premises.
6.1 If Access retains ownership of the Goods nonetheless, all risk for the Goods passes to the Client on delivery.
6.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, Access is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Access is sufficient evidence of Access’ rights to receive the insurance proceeds without the need for any person dealing with Access to make further enquiries.
6.3 The Client acknowledges that Access does not warrant that the Goods supplied by Access will render the alarmed premises, or any occupant of the alarmed premises, secure. Access shall not be liable for any loss (including consequential loss) or damage suffered by the Client, whether arising from Access’ negligence or otherwise, resulting from the Client’s use of or reliance upon the Goods and/or Services, including Alarm response.
6.4 The obligations of Access to provide the Services and to action alarm signals are conditional upon the Goods being operated in accordance with the manufacturer’s requirements and to the satisfaction of Access.
6.5 Access shall not be held responsible or liable for any criminal activity, damage caused by break and entry, vandalism, fire, smoke, system failure, or domestic or commercial loss. The Client understands that the installation of security, CCTV, intercom and/or fire systems does not guarantee immunity against theft, vandalism or fire.
7. Client’s Responsibilities
7.1 The Client shall, at their own expense, maintain the Goods in working order and in accordance with the manufacturer’s requirements, including but not limited to, recharging or replacing the batteries on a timely basis.
7.2 The Client shall ensure that all voice codes, passwords, radio keys and other security devices are kept secure and provided only to those persons who reasonably require access to the alarmed premises.
8.1 Access and the Client agree that ownership of the Goods shall not pass until:
(a) the Client has paid Access all amounts owing for the particular Goods; and
(b) the Client has met all other obligations due by the Client to Access in respect of all contracts between Access and the Client.
8.2 Receipt by Access of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Access’ ownership or rights in respect of the Goods shall continue.
8.3 It is further agreed that:
(a) where practicable the Goods shall be kept separate and identifiable until Access shall have received payment and all other obligations of the Client are met; and
(b) until such time as ownership of the Goods shall pass from Access to the Client Access may give notice in writing to the Client to return the Goods or any of them to Access. Upon such notice the rights of the Client to obtain ownership or any other interest in the Goods shall cease; and
(c) Access shall have the right of stopping the Goods in transit whether or not delivery has been made; and
(d) if the Client fails to return the Goods to Access then Access or Access’ agent may (as the invitee of the Client) enter upon and into land and premises owned, occupied or used by the Client, or any premises where the Goods are situated and take possession of the Goods; and
(e) the Client is only a bailee of the Goods and until such time as Access has received payment in full for the Goods then the Client shall hold any proceeds from the sale or disposal of the Goods, up to and including the amount the Client owes to Access for the Goods, on trust for Access; and
(f) the Client shall not deal with the money of Access in any way which may be adverse to Access; and
(g) the Client shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of Access; and
(h) Access can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Client; and
(i) until such time that ownership in the Goods passes to the Client, if the Goods are converted into other products, the parties agree that Access will be the owner of the end products.
9. Personal Property Securities Act 2009 (“PPSA”)
9.1 In this clause:
(a) financing statement has the meaning given to it by the PPSA;
(b) financing change statement has the meaning given to it by the PPSA;
(c) security agreement means the security agreement under the PPSA created between the Client and Access by these terms and conditions; and
(d) security interest has the meaning given to it by the PPSA.
9.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions:
(a) constitute a security agreement for the purposes of the PPSA; and
(b) create a security interest in:
(i) all Goods previously supplied by Access to the Client (if any);
(ii) all Goods that will be supplied in the future by Access to the Client.
9.3 The Client undertakes to:
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Access may reasonably require to:
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 9.3(a)(i) or 9.3(a)(ii);
(b) indemnify, and upon demand reimburse, Access for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of Access;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of Access; and
(e) immediately advise Access of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
Access Alarms QLD Pty Ltd – Terms & Conditions of Trade
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9.4 Access and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
9.5 The Client hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
9.6 The Client waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
9.7 Unless otherwise agreed to in writing by Access, the Client waives its right to receive a verification statement in accordance with section 157 of the PPSA.
9.8 The Client shall unconditionally ratify any actions taken by Access under clauses 9.3 to 9.5.
10. Security and Charge
10.1 Despite anything to the contrary contained herein or any other rights which Access may have howsoever:
(a) where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to Access or Access’ nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Client and/or the Guarantor acknowledge and agree that Access (or Access’ nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
(b) should Access elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify Access from and against all Access’ costs and disbursements including legal costs on a solicitor and own client basis.
(c) the Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint Access or Access’ nominee as the Client’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 10.1.
11. Defects, Errors & Omissions
11.1 The Client shall inspect the Goods and/or Services on delivery and shall within fourteen (14) days of delivery (time being of the essence) notify Access of any alleged defect, error, omission, shortage in quantity, damage or failure to comply with the description or quotation. The Client shall afford Access an opportunity to inspect the Goods or review the Services within a reasonable time frame following delivery if the Client believes the Goods and/or Services are defective in any way. If the Client shall fail to comply with these provisions the Goods and/or Services shall be presumed to be free from any defect or damage. For any defective Goods or Services which Access has agreed in writing that the Client is entitled to reject, Access’ liability is limited to either (at Access’ discretion) replacing or repairing the Goods or redelivering or rectifying the Services, except where the Client has acquired the Goods and/or Services as a consumer within the meaning of the Competition and Consumer Act 2010 (CWlth) or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer’s discretion either a refund of the purchase Price of the Goods and/or Services, repair or replacement of the Goods, or redelivery or rectification of the Services.
11.2 Goods will not be accepted for return other than in accordance with 11.1 above.
12.1 Subject to the conditions of warranty set out in clause 12.2 Access warrants that if any defect in any workmanship of Access becomes apparent and is reported to Access within twelve (12) months of the date of delivery (time being of the essence) then Access will either (at Access’ sole discretion) replace or remedy the workmanship.
12.2 The conditions applicable to the warranty given by clause 12.1 are:
(a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i) failure on the part of the Client to properly maintain any Goods; or
(ii) failure on the part of the Client to follow any instructions or guidelines provided by Access; or
(iii) any use of any Goods otherwise than for any application specified on a quote or order form; or
(iv) the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(v) fair wear and tear, any accident or act of God.
(b) the warranty shall cease and Access shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without Access’ consent.
(c) in respect of all claims Access shall not be liable to compensate the Client for any delay in either replacing or remedying the workmanship or in properly assessing the Client’s claim.
12.3 For Goods not manufactured by Access, the warranty shall be the current warranty provided by the manufacturer of the Goods. Access shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
13. Intellectual Property
13.1 Where Access has designed, drawn or written Goods for the Client, then the copyright in those designs and drawings and documents shall remain vested in Access, and shall only be used by the Client at Access’ discretion.
13.2 The Client warrants that all designs or instructions to Access will not cause Access to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify Access against any action taken by a third party against Access in respect of any such infringement.
13.3 The Client agrees that Access may use any documents, designs, drawings or Goods created by Access for the purposes of advertising, marketing, or entry into any competition.
14. Default and Consequences of Default
14.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Access’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
14.2 In the event that the Client’s payment is dishonoured for any reason the Client shall be liable for any dishonour fees incurred by Access.
14.3 If the Client defaults in payment of any invoice when due, the Client shall indemnify Access from and against all costs and disbursements incurred by Access in pursuing the debt including legal costs on a solicitor and own client basis and Access’ collection agency costs.
14.4 Without prejudice to any other remedies Access may have, if at any time the Client is in breach of any obligation (including those relating to payment) Access may suspend or terminate the supply of Goods to the Client and any of its
Access Alarms QLD Pty Ltd – Terms & Conditions of Trade
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other obligations under the terms and conditions. Access will not be liable to the Client for any loss or damage the Client suffers because Access has exercised its rights under this clause.
14.5 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
14.6 Without prejudice to Access’ other remedies at law Access shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Access shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to Access becomes overdue, or in Access’ opinion the Client will be unable to meet its payments as they fall due; or
(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
15.1 Access may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice Access shall repay to the Client any sums paid in respect of the Price. Access shall not be liable for any loss or damage whatsoever arising from such cancellation.
15.2 In the event that the Client cancels delivery of Goods the Client shall be liable for any loss incurred by Access (including, but not limited to, any loss of profits) up to the time of cancellation.
15.3 Cancellation of specifically ordered Goods or non-stocklist items will definitely not be accepted once the order has been placed by the Client.
16. Privacy Act 1988
16.1 The Client and/or the Guarantor/s (herein referred to as the Client) agree for Access to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit provided by Access.
16.2 The Client agrees that Access may exchange information about the Client with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Client.
The Client understands that the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
16.3 The Client consents to Access being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
16.4 The Client agrees that personal credit information provided may be used and retained by Access for the following purposes (and for other purposes as shall be agreed between the Client and Access or required by law from time to time):
(a) the provision of Goods; and/or
(b) the marketing of Goods by Access, its agents or distributors; and/or
(c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods; and/or
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
(e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Goods.
16.5 Access may give information about the Client to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Client;
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
16.6 The information given to the credit reporting agency may include:
(a) personal particulars (the Client’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number;
(b) details concerning the Client’s application for credit or commercial credit and the amount requested;
(c) advice that Access is a current credit provider to the Client;
(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
(e) that the Client’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
(f) information that, in the opinion of Access, the Client has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Clients credit obligations);
(g) advice that cheques drawn by the Client for one hundred dollars ($100) or more, have been dishonoured more than once;
(h) that credit provided to the Client by Access has been paid or otherwise discharged.
17. Building and Construction Industry Payments Act 2004
17.1 At Access’ sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building and Construction Industry Payments Act 2004 may apply.
17.2 Nothing in this agreement is intended to have the affect of contracting out of any applicable provisions of the Building and Construction Industry Payments Act 2004 of Queensland, except to the extent permitted by the Act where applicable.
18.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
18.2 If any provisions of these terms and conditions are inconsistent with the PPSA, the PPSA shall prevail to the extent of that inconsistency.
18.3 These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland and are subject to the jurisdiction of the courts of Brisbane, Queensland.
18.4 Access shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Access of these terms and conditions.
18.5 In the event of any breach of this contract by Access the remedies of the Client shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
18.6 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by Access nor to withhold payment of any invoice because part of that invoice is in dispute.
18.7 Access may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
18.8 The Client agrees that Access may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Access notifies the Client of such change. The Client shall be under no obligation to accept such changes except where Access supplies further Goods to the Client and the Client accepts such Goods.
18.9 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
18.10 The failure by Access to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Access’ right to subsequently enforce that provision.
TERMS APPLICABLE TO MONITORING SERVICES
19.1 “Monitoring Services” shall mean around-the-clock monitoring of the security alarm system for alarm signals and, if selected by the Client, opening and closing signals and/or other security services.
20. Client’s Acknowledgements
20.1 The Client acknowledges that the provisions of this Monitoring Service Agreement may not prevent unlawful entry to the designated site occurring and accordingly the Client accepts that loss or damage to property and death or injury to persons may occur even though Access’ obligations under this agreement have been satisfied.
20.2 Unless stated otherwise in this agreement the supply of performance records, history or other reports shall only be issued direct to the Client.
20.3 The Client accepts and acknowledges that during the course of the Monitoring Service:
(a) Access’ and Access’ agents shall not be required to carry out any duties of an illegal or strike breaking nature; and
(b) Access and/or Access’ agents are not an insurer of the premises and it is advisable for the Client to effect and maintain all normal and prudent insurance policies in respect of all usual risks including fire, burglary, theft and consequential loss or damage; and
(c) the Goods relating to security of premises are deterrents only and Access does not represent that the Goods will protect the Client against theft, burglary and house breaking; and
(d) the Goods relating to fire are fire detection Goods only and Access does not represent that such Goods will protect the Client or his property against fire.
21.1 The Client shall ensure that Access and/or Access’ agent has clear and free access to the designated area for monitoring at all times to enable Access and/or Access’ agent to carry out the prescribed Monitoring Services. The Client agrees to ensure that the premises shall at all times be a safe working environment and (without limitation) shall not contain asbestos or any other such similar hazard of any infections or building disease.
21.2 The Client shall advise Access in the event of any changed circumstances, or planned changes, to the premises which might affect Access’ ability to provide Services in a safe manner.
22. Access’ Responsibilities
22.1 Whilst Access shall endeavour to engage a patrol response contractor to provide a timely response to actionable alarm signals, no warranty is given by Access that patrol response will be available at any time, if at all. Access shall not be liable for any loss or damage the Client may suffer in connection with any response or the absence of any alarm response.
22.2 Whilst Access uses due care when contacting and advising emergency services, they cannot guarantee prompt response times or attendance of such services.
23. Client’s Responsibilities
23.1 The obligation of Access to provide the Monitoring Services and to action alarm signals, are conditional upon the alarm being operational, in accordance with the manufacturer’s requirements, and to the satisfaction of Access.
23.2 The Client shall supply at the Client’s expense keys, swipe cards, alarm codes, electronic access controls to the site, to Access to enable Access to carry out its response patrols. Access’ liability for loss or damage of the Client’s keys, swipe cards etc are limited to the costs of obtaining a replacement or $1,000 whichever is the lesser.
23.3 In the event that the Client does not claim their keys, swipe cards, alarm codes, electronic access controls within thirty (30) days of the termination or expiration of the Monitoring Service Agreement, Access shall destroy them.
23.4 The Client cannot transfer, or attempt to transfer, the right to receive the Monitoring Services or any other right under this agreement to any other party.
23.5 Upon termination of the agreement, it is the Client’s responsibility to ensure that an alternative service is arranged, if required, and the panel is deprogrammed to stop reporting to Access or Access’ agent.
23.6 The Client agrees that any costs associated with the delivery of services by the Police, Ambulance, Fire or other emergency services to the Client’s monitored premises shall be met by the Client.
23.7 In the event of any theft or damage at the site monitored by Access the Client must file a Police Report within twenty four (24) hours of the event. Access shall not be held liable for any loss or damage that may arise as a result of Client’s failure to meet their obligations under this clause.
24. Monitoring Service
24.1 The Monitoring Service provided by Access shall consist of monitoring all signals received at Access’ Monitoring Provider from the designated alarm system.
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24.2 Access shall respond to such signals received in accordance with its normal operating practices and by making such telephone calls as may be required in accordance with the Client’s instructions.
24.3 The Client accepts and acknowledges that in the event Access acts as an Agent on behalf of the Client with a third party, (including but not limited to locksmiths and/or glaziers) the Client agrees to honour their obligation for payment for such transactions invoiced by Access and shall ensure payment is made by the due date, thereby not limiting Access in their obligations for payment as Agents acting on behalf of the Client to third parties.
24.4 If the Client believes that they have any claim in relation to Services undertaken by that third party then said claim must be made against the third party contractor in the first instance.
24.5 Access may be unable to monitor the system in the event of a communication failure between the alarm panel in the Client’s premises and the monitoring centre, failures of this nature may be malicious or otherwise. The Client acknowledges that Access’ obligation to action alarm events is suspended at any time the communications link is disrupted between the Client’s premises and Access’ monitoring provider.
24.6 The Client agrees that Access may record all telephone conversations or other communications with the monitoring provider.
24.7 The Client acknowledges that independent contractors, where available, may provide patrol response. Accordingly, patrol response fees may vary from area to area and during the course of the contract term. The Client agrees to pay or reimburse Access for patrol response fees, which may include an administration fee. Access shall advise the Client of applicable patrol response fees upon request by the Client.