Please Read and Approve the Terms and Conditions 

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Key Security (NZ) Limited - Terms and Conditions 

DEFINITIONS
“Agreement” means this Agreement.
“Application” means the Neighborhood Crime Prevention Club Application and Armourguard Security Customer Application.      
“Company” means Key Security (NZ) Limited.
“Customer” means the person/s making the application.
“Term” means the Term of the Agreement.

 

SERVICES
The Company shall provide the Services as agreed in the Application and use its best endeavors to provide those Services.

 

DURATION
This Agreement shall be for the Term of 12 months and thereafter until terminated by either party providing one month’s written notice. 
This agreement can be terminated within 5 working days of signing by notifying the company in writing.

FEES
a)  All fees quoted are plus GST unless stated otherwise. 
b)  If any Invoice or Bank AP is not paid on time and in full, the Customer agrees to pay penalty interest (if levied by the Company) on the overdue balance at a rate of 2% per calendar month on the amount overdue (compounded monthly) together with any debt recovery costs.

                                                                                                   

REVIEW of Fees
Following expiry of the Minimum Term of 12 months, the Company may amend the existing fees by giving one month’s prior written notice to the Customer.

 

WARRANTY
The Company is under no obligation to arrange or provide any warranties on any products purchased by the customer, as this is supplied by the relevant product supplier.
 
It is a requirement to sign an Armourguard Customer Application form for a client to receive the call out service. A call out service fee applies per the Application/Agreement on each call out.

 

LIMITATION OF THE COMPANY’S LIABILITY
a) The Company shall not be liable for the consequential or indirect loss or damage which may arise in respect of the provision of Services or products to the Customer under the Agreement. 
b) The Company’s maximum liability to the Customer for any claim arising in connection with the provision of services or products to the Customer shall be limited to the purchase price of a product or the fees payable for the provision of the services to the Customer.

 

CUSTOMER INDEMNITY 
The Customer indemnifies the Company in respect of any loss suffered as a result of any safety or other hazards existing on the Customer’s premises where Services are performed or otherwise arising from any breach of the Customer’s obligations under its Agreement. 

 

INTELLECTUAL PROPERTY
The Company is the owner of all of the Company’s  copyrights, methods, documentation, marketing,  know-how, designs, sources, contacts, information, and the Customer must not, in any manner, directly or indirectly, solicit nor accept any business in any manner from any existing supplier or pre-arranged affiliate/s thereof which were made available by the Company and subsequently offered to the Customer under the Customers Agreement with the

Company including any of its Intellectual Property.                         

 

CONSUMER GUARANTEES ACT 1993
The Consumer Guarantees Act 1993 is applicable to the source product supplier who supplies the product to the Company’s on-line shop. The Company shall not be liable to the Customer for any failure to carry out its obligations herein or for any other loss or damage suffered by the Customer.

  1. DEFINITIONS

“Agreement” means the agreement constituted by the Schedule of Services and these terms and conditions, (subject only to any variation effected in accordance with these terms)

“Company” means Armourguard Security and includes its agents, subcontractors and assigns.

“Customer” means the person, firm or company specified as the Customer in the Schedule of Services.

"Minimum Term” means the term commencing on the Commencement Date and continuing for the duration specified in the Schedule of Services.

“Services” means such of the standard services offered by the Company as specified in the Schedule of Services;

   2. SERVICES

The Company will provide the Services specified in Schedule of Services and use best endeavours to provide those Services in accordance with the specified details and otherwise in accordance with the Company’s standard practices for the relevant Services. However, where applicable, the Customer acknowledges that some of the Services, including any patrol services, are of a shared nature with other customers of the Company. Whilst the Company will use its best endeavours to provide the stated number of security inspections (and at any frequency or times indicated) and comply with any details applicable to other Services, interruptions or delays (or both) caused by break-ins at any other customer’s premises or other emergencies (including fire, flood, accident, dealing with police or emergency services), may prevent strict compliance with the specified details.

   3. DURATION

Subject to the early termination rights in clause 9, this Agreement shall continue in force for the Minimum Term and thereafter until terminated by either party giving one month’s notice of termination in writing to the other party

   4. FEES

a) The Company shall issue an invoice to the Customer for Services rendered that month and the Customer shall pay each invoice by the 20th day of the month following the month for which the invoice was rendered. 

b) All fees and expenses quoted exclude GST and the Customer shall pay all GST levied on fees and expenses at the time of payment, (subject to provision of a GST invoice complying with the GST Act).

c) If any invoice is not paid on time and in full, the Customer agrees to pay penalty interest (if levied by the Company) on the overdue balance at a rate of 2% per month on the overdue amount (compounded monthly) together with any debt recovery costs.

   5. INSURANCE

Except as expressly provided in clause 8a (for cash services), the Company is under no obligation to arrange any insurances on behalf of the Customer.

   6. LIMITATION OF COMPANY’S LIABILITY

The Company shall not be liable for consequential or indirect loss or damage which may arise in respect of the provision of Services to the Customer under this Agreement.

​   7. TERMINATION AND SUSPENSION

a) Without prejudice to other remedies, this Agreement may be terminated immediately by a party giving notice in writing to the other party if:

i. the other party commits a material breach of the terms of this Agreement (including any failure by the Customer to pay any moneys payable hereunder on the due date); or

ii. the other party goes into receivership or liquidation, or being an individual, dies or is adjudicated bankrupt.

b) Termination of the Agreement will not release the Customer from liability for unpaid fees or other losses suffered by the Company from any Customer breach.

c) Where the Customer is in breach then, pending any decision to terminate, the Company may suspend all Services (and will have no liability for any loss suffered by the Customer as a consequence of that suspension). Where the breach is a payment default during the Minimum Term, the Company may also declare all unpaid instalments of fees for the balance of the Minimum Term immediately due and payable. In that case, upon receipt of such sum the Company shall resume performance of its obligations for the balance of the Minimum Term, following which this Agreement will terminate automatically (unless otherwise agreed).

d) Upon termination of this Agreement the Company shall be entitled to repossess all equipment owned by the Company and for that purpose to enter upon the Customer’s premises without any liability to the Customer or any third party in respect of any loss or damage it causes in the process.

   8. CUSTOMER INDEMNITY

The Customer indemnifies the Company in respect of any loss suffered as a result of any safety or other hazards existing on the Customer’s premises where Services are performed or otherwise arising from any breach of the Customer’s obligations under its Agreement.

   9. NON-SOLICITATION

During the contract term, and for 24 months post termination, the Customer agrees not to engage or employ any Company personnel, either directly or indirectly, in any activity. If the Customer breaches this provision a $5,000 fee per employee may be charged by the Company to cover training and recruitment costs.

   10. PRIVACY ACT 1993

The Customer agrees that the Company may obtain information about the Customer from the Customer or any other person (including any credit or debt collection agency) in the course of its business, and the Customer consents to any person providing the Company with such information.  The Customer agrees that the Company may give any information it has about the Customer relating to the Customer’s credit worthiness to any other person, including any credit or debt collection agency, for credit assessment and debt collection purposes.

   11. CONSUMERS GUARANTEE ACT

Nothing in this Agreement is intended to have the effect of contracting out the provision of the Consumers Guarantee Act 1993 except to the extent permitted by that Act, and all provisions of this Agreement shall be read as modified to the extent necessary to give effect to that intention. The Customer agrees that where the services (and any goods) to be provided by the Company pursuant to this Agreement are acquired by the Customer for the purposes of a business, the Consumer Guarantees Act 1993 shall not apply.

   12. FORCE MAJEURE

The Company shall not be liable to the Customer for any failure to carry out its obligations hereunder or for any loss or damage suffered by the Customer where such failure or such loss or damage is caused by mechanical breakdown of any equipment, weather conditions, strikes, lockouts, labour disputes or restraint of labour, act of God, war (whether declared or not), any act regulation or restriction imposed by Government, riot or civil commotion, any act or omission of the Customer, its servants or agents, or any other cause beyond the control of the Company.

   13. ASSIGNMENT

The Customer may not assign or transfer any rights under this Agreement without the prior written consent of the Company, which may be withheld at the Company’s discretion. The Company may assign its rights under this Agreement by notice to the Customer in connection with any restructuring of the Company or any sale of a significant part of the Company’s business.

   14. GUARANTEE

In consideration of the Company agreeing to provide the Services and extend credit to the Customer at the Guarantor’s request the Guarantor guarantees due payment of all fees and compliance with all other obligations of the Customer under this Agreement (as principal obligor) and indemnifies the Company against any loss suffered arising from any breach of this Agreement by the Customer.

   15. ENTIRE AGREEMENT

This Agreement contains all the terms of the agreement between the parties (superseding all prior agreements, arrangements or understandings between the parties) and all other terms, conditions and warranties which might otherwise have been implied by law or have had any application are expressly excluded (to the fullest extent permitted by law).

   16. VARIATIONS

No variations of the terms of this Agreement shall be binding on the Company or the Customer unless in writing signed by or on behalf of both parties.

   17. APPLICABILITY OF CONTRACT TERMS

This Agreement applies to all quotations given by the Company and shall be deemed to be incorporated in and form part of all agreements made with the Company unless otherwise expressly agreed.



 

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Armourguard Security - Call Out Terms and Conditions