Terms and Conditions - The small print
1 DEFINITIONS
1.1 “LION” shall mean LION Security Limited, or any agents or employees thereof.
1.2 “Client” shall mean the Client, any person acting on behalf of and with the authority of the Client, or any person purchasing Products and services from LION.
1.3 “Products and services” shall mean:
1.3.1 all Products and services of the general description specified on the front of this agreement and supplied by LION to the Client; and
1.3.2 all Products and services supplied by LION to the Client; and
1.3.3 all inventory of the Client that is supplied by LION; and
1.3.4 all Products and services supplied by LION and further identified in any invoice issued by LION to the Client, which invoices are deemed to be incorporated into and form part of this agreement; and
1.3.5 all Products and services that are marked as having been supplied by LION or that are stored by the Client in a manner that enables them to be identified as having been supplied by LION; and
1.3.6 all of the Client’s present and after-acquired Products and services that LION has performed work on or to or in which goods or materials supplied or financed by LION have been attached or incorporated.
1.3.7 The above descriptions may overlap but each is independent of and does not limit the others.
1.4 “Products and services” shall also mean all, goods, services and advice provided by LION to the Client and shall include without limitation the supply of security Products and services, installation and monitoring of alarms, design, product development and technical advice and all charges for labour, hire charges, insurance charges, or any fee or charge associated with the supply of Products and services by LION to the Client.
1.5 “Price” shall mean the cost of the Products and services as agreed between LION and the Client and includes all disbursements eg charges LION pays to others on the Client's behalf subject to clause 4 of this contract.
2 ACCEPTANCE
2.1 Any instructions received by LION from the Client for the supply of Products and services shall constitute a binding contract and acceptance of the terms and conditions contained herein.
3 COLLECTION AND USE OF INFORMATION
3.1 The Client authorises LION to collect, retain and use any information about the Client, for the purpose of assessing the Client’s credit worthiness, enforcing any rights under this contract.
3.2 The Client authorises LION to disclose any information obtained to any person for the purposes set out in clause 3.1.
3.3 Where the Client is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.
4 PRICE
4.1 Where no price is stated in writing or agreed to orally the Products and services shall be deemed to be sold at the current amount as such Products and services are sold by LION at the time of the contract.
4.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the Products and services that is beyond the control of LION between the date of the contract and delivery of the Products and services.
5 PAYMENT
5.1 Unless otherwise agreed payment for products and services shall be made either:
5.1.1 In full on or before the 20th day of the month following the date of the invoice (“the due date”);
5.1.2 Cash on delivery and/or installation.
5.2 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.
5.3 Any expenses, disbursements and legal costs incurred by LION in the enforcement of any rights contained in this contract shall be paid by the Client, including any reasonable solicitor’s fees or debt collection agency fees.
5.4 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
5.5 A deposit maybe required.
6 QUOTATION
6.1 Where a quotation is given by LION for Products and services:
6.1.1 Unless otherwise agreed the quotation shall be valid for thirty (30) days from the date of issue; and
6.1.2 The quotation shall be exclusive of Goods and Services Tax unless specifically stated to the contrary;
6.1.3 LION reserves the right to alter the quotation because of circumstances beyond its control.
6.2 Where Products and services are required in addition to the quotation the Client agrees to pay for the additional cost of such Products and services.
7 RISK
7.1 The Products and services remain at LION’s risk until the services are unloaded on the client’s premises or in the event of delivery by third party, when the products and services leave LION’s premises.
7.2 The time agreed for delivery shall not be an essential term of this contract.
8 TITLE AND SECURITY (PERSONAL PROPERTY SECURITIES ACT 1999)
8.1 Title in any Products and services supplied by LION passes to the Client only when the Client has made payment in full for all Products and services provided by LION and of all other sums due to LION by the Client on any account whatsoever. Until all sums due to LION by the Client have been paid in full, LION has a security interest in all Products and services.
8.2 If the Products and services are attached, fixed, or incorporated into any property of the Client, by way of any manufacturing or assembly process by the Client or any third party, title in the Products and services shall remain with LION until the Client has made payment for all Products and services, and where those Products and services are mixed with other property so as to be part of or a constituent of any new Products and services, title to these new Products and services shall deemed to be assigned to LION as security for the full satisfaction by the Client of the full amount owing between LION and Client.
8.3 The Client gives irrevocable authority to LION to enter any premises occupied by the Client or on which Products and services are situated at any reasonable time after default by the Client or before default if LION believes a default is likely and to remove and repossess any Products and services and any other property to which Products and services are attached or in which Products and services are incorporated. LION shall not be liable for any costs, damages, expenses or losses incurred by the Client or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever unless by statute such liability cannot be excluded. LION may either resell any repossessed Products and services and credit the Client’s account with the net proceeds of sale (after deduction of all repossession, storage, selling and other costs) or may retain any repossessed Products and services and credit the Client’s account with the invoice value thereof less such sum as LION reasonably determines on account of wear and tear, depreciation, obsolescence, loss or profit and costs.
8.4 Where Products and services are retained by LION pursuant to clause 8.3 the Client waives the right to receive notice under s.120 of the Personal Property Securities Act 1999 (“PPSA”) and to object under s.121 of the PPSA.
8.5 The following shall constitute defaults by the Client:
8.5.1 Non payment of any sum by the due date.
8.5.2 The Client intimates that it will not pay any sum by the due date.
8.5.3 Any Products and services are seized by any other creditor of the Client or any other creditor intimates that it intends to seize Products and services.
8.5.4 Any Products and services in the possession of the Client are materially damaged while any sum due from the Client to LION remains unpaid.
8.5.5 The Client is bankrupted or put into liquidation or a receiver is appointed to any of the Client’s assets or a landlord distrains against any of the Client’s assets.
8.5.6 A Court judgment is entered against the Client and remains unsatisfied for seven (7) days.
8.5.7 Any material adverse change in the financial position of the Client.
9 PAYMENT ALLOCATION
9.1 LION may in its discretion allocate any payment received from the Client towards any invoice that LION determines and may do so at the time of receipt or at any time afterwards and on default by the Client may reallocate any payments previously received and allocated. In the absence of any payment allocation by LION, payment shall be deemed to be allocated in such manner as preserves the maximum value of LION”S purchase money security interest in the Products and services.
10 DISPUTES AND RETURN OF PRODUCTS AND SERVICES
10.1 No claim relating to the Products and services will be considered by LION.
11 LIABILITY
11.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon LION which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on LION, LION’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
11.2 Except as otherwise provided by clause 11.1 LION shall not be liable for:
11.2.1 Any loss or damage of any kind whatsoever, arising from the supply of Products and services by LION to the Client including consequential loss whether suffered or incurred by the Client or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Products and services provided by LION to the Client; and
11.2.2 The Client shall indemnify LION against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of LION or otherwise, brought by any person in connection with any matter, act, omission, or error by LION its agents or employees in connection with the Products and services.
11.2.3 The Client is responsible for locating and marking all underground services (e.g. water, power, gas, sewer, telephone line) and LION accepts no responsibility for any damage caused to those services.
12 WARRANTY
12.1 LION Security extends a full parts and labour guarantee for 18 months from the date of installation, providing our "Warranty Registration Form" form is returned to Lion Security within the required ten days and a service maintenance agreement is accepted . Confirmation of receipt will be sent to the installation address or to email address provided.
Otherwise a general 12 months warranty applies. Extended manufacturers' warranties may apply to equipment only. All labour for new system installations is warranted for a minimum of 12 months.
12.2 Any work carried out by a third party without Lion Security's prior approval voids all and any warranties.
13 CONSUMER GUARANTEES ACT
13.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Client acquires Products and services from LION for the purposes of a business in terms of section 2 and 43 of that Act.
14 PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES
14.1 If the Client is a company or trust, the director(s) or trustee(s) signing this contract, in consideration for LION agreeing to supply Products and services and grant credit to the Client at their request, also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to LION the payment of any and all monies now or hereafter owed by the Client to LION and indemnify LION against non-payment by the Client. Any personal liability of a signatory hereto shall not exclude the Client in any way whatsoever from the liabilities and obligations contained in this contract. The signatories and Client shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due hereunder.
15 CANCELLATION
15.1 LION shall, without any liability, and without any prejudice to any other right it has in law or equity, have the right by notice to suspend or cancel in whole or in part any contract for the supply of Products and services to the Client if the Client fails to pay any money owing after the due date or the Client commits an act of bankruptcy as defined in section 19 of the Insolvency Act 1967.
15.2 Any cancellation or suspension of this agreement shall not affect LION’s claim for money due at the time of cancellation or suspension or for damages for any breach of any terms of this contract or the Client’s obligations to LION under this contract.
15.3 Any alterations to contractual arrangements or additional services required must be notified to LION in writing and considered at their discretion.
16 GENERAL LIEN
16.1 The Client agrees that LION may exercise a general lien against any products and services (including any property belonging to the client) that is in the possession of LION for all sums outstanding under this contract to which the Client and LION are parties.
16.2 If the lien is not satisfied within 7 days of the due date LION may having given notice of the lien either:
16.2.1 Remove such products and services and store them in such a place and in such a manner as LION shall think fit and proper and at the expense of the Client; or
16.2.2 Sell such products and services or part thereof upon such terms as it shall think fit and apply the proceeds in or towards discharge of the lien and costs of sale without being liable to any person for damage caused.
17 MISCELLANEOUS
17.1 LION shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
17.2 Failure by LION to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations LION has under this contract.
17.3 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
18 EXCLUSIONS / VARIATIONS
18.1 We will advise you immediately of any item that may cause the price of any quotation to vary. We will require written variance from an authorised signatory for such alterations.
18.1.a Where an estimated labour time is given, hours exceeding this estimation will be charged at standard rates.
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The following items are excluded from any proposal:
18.2 Out of normal hours work
18.3 Hireage of Cherry pickers, scissor lifts or any other access equipment or non-standard tools. These are charged at cost. The site technician will make the final needs assessment relating to both, safety and ease of installation.
18.4 Concrete and steel penetrations and/or subsequent fire rating restoral.
18.5 Any building or resource consents that may be required
18.6 Builders or other construction or dismantling work that is or may become apparent during the installation.
18.7 All radio frequency equipment is subject to site function and distance testing. Site conditions may force the need for higher specification equipment. Cost variations may be unavoidable.
18.8 Internet or IP address programming and connections are excluded
18.9 230V mains power supply to our controller and module positions.
18.10 Where the use of Baluns is quoted, interference from local sources may cause degradation of video signal which may require upgrading to a higher specification cable.
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