Terms & Conditions

These terms and conditions together with our quote make up a legally binding agreement (the
Agreement) Eastlakes Security and Controls ABN 61 160 204 679 (referred to in these terms as “Us”
“We” and “Our”) AND the person(s) or company named in our quote (referred to in these terms as
“the Client” and “you”).

• QUOTATIONS
  • Unless stated otherwise, the following points are relevant to the quotation:
    • Site allowances.
    • While Eastlakes Security and Controls have made efforts to provide a compliant quotation, the client acknowledges that some items may deviate from the specification. Any such deviations will be discussed with the client prior to commencing work.
    • Quoted hours are based on a standard working week of thirty-eight (38) hours. Emergency work that is required outside of normal hours will incur a higher fee.
    • All quotations are valid for thirty (30) days.
    • The Quote has been calculated during a volatile time of currency fluctuations and is subject to change.
• ACCEPTANCE
  • If the client submits a company purchase order or a letter of acceptance for any work, it is understood that the client has exclusively accepted and is immediately bound, jointly and severally by these terms and conditions.
  • Any terms or conditions of the Customer’s order, specification, instruction, letter of intent, contractual documents or other instrument that are additional to or inconsistent with Eastlakes terms and conditions of sale shall not be binding unless specifically agreed to and confirmed in writing by Eastlakes.
  • These terms and conditions can only be modified with written consent from both parties and will take precedence over any other document or contract between the client and Eastlakes Security and Controls in case of inconsistency.
  • This Agreement may be accepted by doing either one or more of the following:
    • Signing our quotation;
    • Signing these terms and conditions;
    • Providing instructions to us in email after receiving the Project Proposal and these terms and conditions; or
    • By making payment or part payment of our Fees.
• PROVISION OF INFORMATION AND ASSISTANCE
  • You agree to provide Us with all necessary cooperation to allow Us to provide the Services.
  • You acknowledge that our ability to provide the Services is dependent on Us having access to (and continuing to receive) complete, accurate, up to date and timely documentation and information.
  • You agree that if any documentation or information supplied to Us is incomplete, inaccurate or its provision is unreasonably delayed, We will not be responsible for any delays or liability arising as a result and will be entitled to charge you in respect of any resulting additional work at an hourly rate as set out in our Schedule of Rates.
• PRICES AND TERMS OF PAYMENT
  • At Eastlakes Security and Controls sole discretion, the price shall be either:
    • As indicated on invoices provided by Eastlakes Security and Controls to the client in respect of works performed or materials supplied; or
    • Eastlakes Security and Controls quoted price (subject to clause 3.3) which shall be binding upon Eastlakes Security and Controls provided that the client accepts Eastlakes Security and Controls quotation in writing within thirty (30) days.
  • Eastlakes Security and Controls retain the right to adjust the price under the following conditions (“Variation”):
    • Upon request for variation in the materials to be supplied;
    • Upon request for a variation to the originally scheduled work (including any plans or specifications);
    • When additional works are necessitated by the discovery of hidden or unforeseen difficulties such as site access limitations, safety concerns, adverse weather conditions, hidden utilities in walls, floors and ceilings or obscured building defects;
    • In case of increases in labour or materials beyond the control of Eastlakes Security and Controls;
    • The exchange rate increases by more than 3%; or
    • There has been an increase in supplier prices.
  • If there is a Variation to the Quote, we will notify you in writing of the price variation,
    associated delays and any other information we think is relevant to the variation.
  • We are not required to commence any work associated with any Variation identified
    in clause 4.2 unless and until you acknowledge and accept in writing the variations
    contained in that notice. The notice may be given by email.
  • If you haven’t acknowledged the Variation within ten (10) working days we may
    continue with the Services at our discretion and include the Variation cost in the
    price payable upon completion.
  • Eastlakes Security and Controls require a 20% deposit for works exceeding
    $10,000.
  • Eastlakes Security and Controls require a 50% deposit for all domestic work.
  • All remote assistance is billed at Eastlakes Security and Controls scheduled rates
    with a minimum charge of 30 minutes, covering all support tasks including, but not
    limited to, troubleshooting, account recovery and forgotten PIN / password resets.
  • Payment terms are crucial, and the client must adhere to Eastlakes Security and
    Controls payment terms which may include:
    • Payment upon completion.
    • Progress payments as per Eastlakes Security and Controls schedule, encompassing authorised variations.
    • Payment within 7 days from the invoice date unless otherwise specified and
    • agreed upon in writing by Eastlakes Security and Controls.
    • Payment by the date indicated on the invoice is required.
  • Payment methods include electronic online banking, credit card payments using Square (which will incur a 2.7% banking fee), BPAY and PayPal (which will incur a 2.6% banking fee).
  • The client cannot withhold payment of any invoice due to disputes regarding another invoice or invoices, or alleged sums owed by Eastlakes Security and Controls.
  • Prices are inclusive of GST. The client must remit GST simultaneously and on the same terms as the price, without deduction or set off.
• DEFAULT AND CONSEQUENCES OF DEFAULT
  • Failure to pay any amount due by the due date will result in a late fee of 10% of the
    total fees being applied to each outstanding invoice.
  • If the client fails to pay any amount owed to Eastlakes Security and Controls, the
    client must reimburse Eastlakes Security and Controls for all costs and
    disbursements incurred in debt recovery. This may include administration fees,
    legal costs or bank dishonour fees.
• CANCELLATION
  • If the client breaches any obligation, including payment obligations, under these
    terms and conditions, Eastlakes Security and Controls reserve the right to suspend
    or terminate the supply of works or services to the client. Eastlakes Security and
    Controls shall not be held liable for any loss or damage incurred by the client due to
    exercising these rights.
  • Eastlakes Security reserves the authority to cancel any contract covered by these
    terms and conditions or cancel the delivery of works before commencement by
    providing written notice to the client.
  • You may terminate this Agreement for any reason by providing 30 days’ written
    notice. Any materials or items ordered on behalf of the Client before the
    termination notice are payable on termination.
  • If this Agreement is terminated with less than 30 days’ written notice, the following
    cancellation costs will apply:
    • Any materials or items ordered on behalf of the Client before the termination
      notice are payable on termination; and
    • All labour costs are set out in the Quote.
      Cancellation fees reflect a genuine pre-estimate of costs incurred and are
      proportionate to the disruption caused.
  • Orders for materials specifically ordered to the client’s specifications or for non-stock list items cannot be cancelled once they have been ordered and obtained for works and must be paid for in full.
• PROVISION OF WORKS
  • Eastlakes Security and Controls is responsible for initiating works at the earliest
    possible opportunity, barring any exceptions outlined in clause 6.3.
  • Should Eastlakes Security and Controls require an extension of time due to delays beyond its control, such as the client’s failure to:
    • Grant site access.
    • Prepare the site for works or;
    • Notify Eastlakes Security and Controls of site readiness.
    • The client must always guarantee unfettered access to the site for Eastlakes Security and Controls to facilitate the delivery and/or installation of materials. Eastlakes Security and Controls will not be held responsible for any site damage (including but not limited to pathways, driveways, concrete, paving or grass areas) unless such damage results from Eastlakes Security and Control’s negligence.
  • The commencement date of the works will be postponed, and/or the completion date extended by a reasonable period, as notified to the client in writing.
  • Eastlakes Security and Controls may opt to deliver the works in separate instalments. Each installment will be invoiced subject to payment according to terms and conditions outlined herein.
• WARRANTY
  • Subject to these terms and conditions, Eastlakes Security and Controls will provide
    twelve (12) months’ warranty from the date of supply, installation or provision of
    goods or services
  • In the event of any errors occurring in goods or services at its election, either:
    In the case of equipment either:
    • replace the equipment or supply an equivalent.
    • repair the equipment
    • make payment for having the equipment repaired or replaced.
      In the case of services either:
    • supply the services again or
    • make payment for the cost of having the services supplied by others
      PROVIDED that this warranty shall not apply due to
    • errors attributable to others.
    • Systems and equipment not maintained as recommended.
  • The client is obligated to inspect all materials upon delivery (or the completion of
    works) and must inform Eastlakes Security and Controls in writing within fourteen
    (14) days of delivery or installation of any visible defects, damages, shortages in
    quantity, or deviations from the description or quote. Any other suspected defects
    in the materials/works must be promptly reported to Eastlakes Security and
    Controls as soon as they become apparent. Upon notification, the client must
    allow Eastlakes Security and Controls the opportunity to inspect the materials or
    review the works provided at both parties’ earliest convenience.
  • If Eastlakes Security and Controls is unable to rectify, re-supply, or cover the cost of
    re-supplying the works, it may refund any payment made by the client for the works,
    considering the value of the non-defective works and materials provided to the
    client.
  • Eastlakes Security and Controls shall not be liable for any defect or damage caused
    by:
    • Improper maintenance, usage or storage of any materials by the client.
    • Use of the materials for purposes other than their intended design.
    • Continuing to use any materials after a defect becomes apparent or should have become apparent.
    • Interference with the works by the client or any third party without Eastlakes Security and Control’s prior approval.
    • Failure to follow instructions or guidelines provided by Eastlakes Security and Controls.
    • Normal wear and tear, accidents, or acts of nature.
• Legal Disputes and Limitation of Liability
  • Our aggregate liability to you for any Loss arising out of or in connection with:
    • Any act, error, negligence, misrepresentation or omission concerning or arising out
      of all of the Services provided under this Agreement (including any pre contractual
      statement, representation, or warranty as to the quality or fitness of the Services or
      as to our ability to perform the Services).
    • Any breach of the Agreement or breach of duty of any kind owed in connection with
      the provision of the Services.
      will be limited to and will not in any circumstances exceed the total Fees paid by you under
      this Agreement. This limitation applies to the aggregate Loss suffered or incurred by you in
      respect of all Services provided under all Quotes issued to you under this Agreement.
  • In no event will We be liable for any loss of profit, revenues, anticipated savings,
    business or investment opportunities, internal management costs or any other indirect
    or consequential loss. For the avoidance of doubt, multiple claims arising out of (or
    based on) the same act, error or omission, or series of continuous, or repeated acts,
    errors or omissions will be considered a single loss.
  • The limitation on liability in clause 9.1 does not apply to any liability which arises solely
    and directly from Our fraud or dishonesty.
  • Nothing in this Agreement is intended to exclude or restrict any liability that cannot be
    excluded or restricted by law.
• Definitions
  In these terms and conditions, the following terms have the meanings indicated:
  • Agreement means the agreement made between you and Us as set out in these Terms
    and Conditions together with the Quote.
  • Fee means the fees for the Services set out in the quote.
  • Loss means any and all loss (including pure financial loss), injury, liability, damage,
    compensation, claim, demand, expense, interest, or cost, including reasonable legal fees,
    whether arising in tor, contract or otherwise (including costs awarded or incurred) of any
    kind.
  • Quote means any email, document or quote prepared by us which sets out our services
    and fees.
  • Services means the services to be provided by Us in accordance with a Quote.
  • Schedule of Rates means the Schedule of Rates attached to this Agreement and
    varied from time to time with notice to you.
  • Start Date means the date specified in the Quote and if no date is specified, the date on
    which we start the Services.