Terms and Conditions of Sale
Effective Date: 10 December 2024
1. Agreement
1.1 These Terms and Conditions apply to all sales of goods and supply of services (jointly and severally referred to as ‘Goods’) made by Southern Cross Electronic Security Pty Limited ACN 169 122 034 Master Security License No: 000102200 trading as Symetrix (‘Symetrix’) to a customer (‘You’) unless otherwise agreed by Symetrix in writing.
1.2 You agree to accept these Terms and Conditions and are bound by them when you place an order for goods with us or accept delivery of the goods, whichever is the earlier.
1.3 Additional site specific terms and conditions may apply to some orders and you agree to be bound by those where relevant.
1.4 These terms and conditions prevail to the extent of any inconsistency with any other document or agreement between You and Symetrix.
2. Accuracy of Information
2.1 Symetrix will use its best to provide accurate information about Goods in our advertising materials and publications. However, actual goods may differ to a small degree from their appearance in advertising material. Symetrix will notify You of any significant alterations to the Goods prior to delivery.
3. Pricing and Taxes
3.1 All prices quoted by Symetrix are exclusive of Goods and Services Tax (GST).
3.2 You agree to pay Symetrix without deduction or set off an amount equal to any GST or any other applicable taxes and duties which Symetrix must pay in relation to the supply of Goods to You. Symetrix will clearly itemise the amount of GST on invoices.
4. Payment Terms
4.1 Unless you agree on a specific payment plan with Symetrix, You agree to make payment for the Goods as follows: 50% of the Price is payable as a deposit at the time of order and the remaining 50% on the day of delivery or pick up of the Goods.
4.3 Title to the Goods passes to You when full payment is received in cleared funds.
4.4 Deposits are non-refundable in all cases other than if Symetrix is unable to deliver the Goods to you for any fault of Symetrix.
4.5 You authorise Symetrix to debit any credit card provided to Symetrix by You for any unpaid balance of the Price upon delivery and sign-off of the installation of the Goods as well as any additional fees, interest or charges as they may arise under Symetrix’s agreement with You.
5. Late Payment
5.1 If payment is late or not available on the scheduled day of completion or delivery of the Goods, You agree to pay:
(a) Interest at the rate of 10% per annum on overdue amounts which accrues daily until the time that payment in cleared funds is received by Symetrix in full; and
(b) Any reasonable collection fees, reasonable internal administration fees, bank dishonour fees or legal costs on a solicitor and own client basis incurred by Symetrix in recovering the debt.
6. Delivery of Goods
6.1 Any delivery date or time given by Symetrix to You is an estimate only, and while Symetrix will endeavour to meet these dates, we cannot guarantee exact timing. You agree to accept delivery of the Goods even if late and Symetrix will not be liable for any loss or damage incurred by You as a result of the delivery being late.
7. Access
7.1 You must ensure that Symetrix has continuous, clear, and unobstructed access to the delivery site at all times to facilitate the delivery and installation of the Goods. You are responsible for providing and maintaining a safe environment at the work site, in compliance with all applicable NSW laws and regulations, including but not limited to, the Work Health and Safety Act 2011 (NSW).
7.2 Symetrix shall not be liable for any loss or damage to the site, including, without limitation, damage to land, buildings or adjoining areas, nor for any loss or damage to property or plant and equipment at the site. Symetrix shall also not be liable for any loss, claim, or damages arising from injury, harm, or death to any person at the site, except where such loss or damage is directly attributable to the negligence or wilful misconduct of Symetrix.
7.3 You acknowledge that failure to provide the required access or to maintain a safe environment may result in delays, additional costs, or other consequences, for which Symetrix is not liable.
8. Risk and Title
8.1 Risk of loss or damage to the Goods passes to You upon delivery.
8.2 Title remains with Symetrix until full payment in cleared funds of the price for the Goods and any other amounts due under this contract by You is received by Symetrix.
8.3 Until title and ownership of the Goods passes to the Client in accordance with this contract, You are only a bailee of the Goods and must return the Goods to Symetrix on request.
8.4 Symetrix recommends You must insure the Goods from the time of delivery. If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to You, Symetrix is entitled to receive all insurance proceeds payable for the Goods.
9. Indemnity and Limitation of Liability
9.1 To the extent permitted by law, Symetrix excludes all implied conditions and warranties, except for those that cannot be lawfully excluded such as the consumer guarantees provided under the Australian Consumer Law for eligible transactions.
9.2 Symetrix’s liability for breach of a non-excludable condition or warranty is limited to the remedy mandated by the Australian Consumer Law, or if none apply, at Symetrix’s sole discretion, to the replacement, repair or cost of re-supply of the Goods.
9.3 You agree to indemnify and hold harmless Symetrix, its officers, employees, and agents (collectively, the “Indemnified Parties") from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or in connection with:
(a) Your use of the Goods in a manner inconsistent with the Goods’ specifications, instructions, or intended purpose;
(b) any modification, repair, or alteration of the Goods by You or a third party not authorized by Symetrix ;
(c) injury, death, or property damage caused by the Your actions, omissions, or failure to take reasonable precautions in connection with the Goods, except where such injury, death, or damage arises from Symetrix’s breach of its statutory guarantees or negligence.
9.4 Symetrix is not liable for any injury, death or property damage arising as a result of:
(a) The Goods ceasing to function or malfunctioning, provided that such failure was not caused by Symmetrix’s breach of statutory guarantees, negligence or wilful misconduct; and
(b) Your failure to undertake reasonable inspection, maintenance or replacement of the Goods in accordance with their specifications and expected lifespan.
9.5 Nothing in this clause excludes, restricts, or modifies any rights or remedies You may have under the Australian Consumer Law or any other applicable legislation which cannot be excluded, restricted, or modified by agreement, including guarantees of acceptable quality, fitness for purpose.
10. Your Responsibilities
10.1 You are responsible for ensuring that the installation site is prepared for installation, including but not limited to the provision of site access, adequate power supply and network connectivity as specified by Symetrix prior to installation. If site access, adequate power supply or network connectivity is not available as specified on the delivery date and time, Symetrix may change the delivery date and time and you agree to pay the reasonable costs incurred by Symetrix as a result of this change.
11. Warranty
11.1 Labour Warranty: Symetrix provides a two-year labour warranty on all new installations, ensuring that the labour component of the installation is free from defects in workmanship.
11.2 Parts Warranty: The parts used in installations are covered by the manufacturer’s or distributor’s warranty These are available online on the manufacturer’s website. You should review the terms of this Warranty. Symetrix is not responsible for any loss if You are unable to recover parts or losses or any other claims under the manufacturer’s warranty.
IMPORTANT: WARRANTY EXCLUSIONS:
11.3 Access control swipe cards and fobs are not covered by any warranty.
11.4 Remote controls and power supplies are warranted for one year from the date of installation.
11.5 Third-party apps, such as free apps provided by vendors for CCTV and intercom systems, are not covered under warranty.
11.6 If an app ceases to function due to hardware changes by the customer, such as upgrading the mobile phone or computer on which the app was initially installed, the warranty will no longer apply.
11.7 Warranty Claims: You must notify Symetrix of any defects or suspected defects in the Goods during the applicable warranty period. Symetrix will not accept warranty claims made outside the warranty period.
12 Third Party Warranties
12.1 Products incorporating third-party software or components are subject to the warranties provided by the original manufacturers. You acknowledge and agree that the terms of these warranties was provided to You at installation.
13 Dispute Resolution
13.1 In the event of a dispute, the parties will attempt to resolve the matter amicably through direct negotiation.
13.2 Any unresolved disputes may be referred to mediation or another form of alternative dispute resolution prior to seeking legal recourse.
14. Force Majeure
14.1 Symetrix shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, wars, labour disputes, or transportation disruptions.
15. Data Protection and Privacy
15.1 Symetrix complies with all applicable privacy laws and regulations.
15.2 Customer data collected during the installation and operation of security systems will be handled in accordance with our Privacy Policy, available at Symetrix Privacy Policy.
16. Contact Information
16.1 For support or inquiries, please contact us via email at support@symetrix.com.au or phone at 1300 097 727.
17. Termination
17.1 Termination for Cause: Symetrix may terminate this agreement with immediate effect by providing written notice to You in the event of the following:
(a) Non-payment by You that is not remedied within 30 days of due date.
(b) Your failure to comply with regulatory or safety requirements necessary for installation or Symetrix’s specifications for installations.
(c) Your repeated failure or inability to provide access to the premises for scheduled work, which significantly delays project timelines.
Consequences of Termination:
17.2 Upon termination, the Customer is liable for payments for all work performed by Symetrix and Goods ordered or supplied by Symetrix up to the date of termination, plus any costs incurred due to the termination.
17.3 Dispute Resolution: Disputes arising from or related to the termination of this agreement shall be handled through the dispute resolution process outlined in Clause 13.
19. Severability
19.1 If any part of these Terms and Conditions is found to be invalid, unlawful, or unenforceable, the remainder of the Terms will continue to be valid and enforceable to the fullest extent permitted by law.
20. General
20.1 These Terms do not limit any rights the Customer has under the Australian Consumer Law.
20.2 These Terms and Conditions are governed by the laws of New South Wales. Each party irrevocably submits to the jurisdiction of the courts of New South Wales.
21. Variation
21.2 Symetrix reserves the right to update these Terms and Conditions by providing reasonable notice on our website and/or through direct communication with You.
Effective 01 March 2021
Conditions of Sale
AGREEMENT
1. These Conditions prevail over any terms and conditions of the Customer’s trade whether or not any inconsistency arises.
2. Symetrix makes no representation as to the accuracy of any specifications drawings and particulars in respect of any Goods contained in any advertising materials or other publications, and Symetrix reserves the right to alter any Goods without notice to the Customer.
3. All prices quoted by Symetrix are exclusive of GST, and any such taxes shall be paid by the Customer as a condition of supply of the Goods and/or Services.
PAYMENT
4. Unless otherwise agreed in writing by Symetrix all sales for the supply of Goods and/or Services under these Conditions shall be effected against progress claims of 50% deposit with order, 50% on the day of completion.
(a). Deposit payment covers the labour component of the installation only.
(b). Title of equipment passes to the client with balance payment.
(c). Title to all equipment supplied by Symetrix shall remain vested in it until the quoted price has been paid in full in accordance with clause 4.0 hereof.
(d). Deposit payments are non-refundable.
(e). Where the Installation deposit was paid by Credit Card, Symetrix reserve the right to charge any balance payment due to the card where the installation has been signed off as completed by the Customer.
5. In the case of late or overdue payments to Symetrix, or if the payment is not available on the day of completion, in addition to the invoice amount, the Customer is fully liable for:
(a) Interest rate of 10% and
(b) Any collections fees, legal fees, or third party fees in relation to the collection of funds.
6. Symetrix reserve the right to suspend services until the account balance has been paid in full in accordance with clause 4. hereof.
7. All sales for the supply of Goods and/or Services is bound by Australian Consumer Law, If the goods or service does not meet the consumer guarantee, the customer has the right to ask for a refund, replacement or repair where: the goods or service is under $100,000.
DELIVERY OF SERVICES AND GOODS
7. Any Order for Goods and/or Services must be placed in accord with the prevailing ordering procedure of Symetrix.
8. The Customer shall acknowledge the installation/works have been carried out to their satisfaction, in a proper manner, and that they agree to the billable amount by signing our job completion form on the day of completion; however, in the event that our job completion form is not signed, the Customer remains responsible for the billable amount.
9. Symetrix shall use its best endeavours to ensure Services are delivered to the Customer on the specified date, and
completed within a reasonable amount of time, but shall not be liable for any delay or non-delivery and under no circumstances shall Symetrix be liable for any loss, damage, or delay occasioned to the Customer or any third party arising from the late delivery or non-delivery of the Goods and/or Services or any other event or circumstance.
10. Symetrix shall be entitled to withhold delivery of the Goods and/or Services to the Customer unless and until payment for the Goods is made by the Customer in full and in accordance with these conditions.
11. All risk of loss or damage to the Goods passes to the Customer on delivery of the Goods to the Customer in accord with these Conditions.
12. The Customer will insure the Goods for their full value from the time of delivery to the Customer until Symetrix receives payment in full for the Goods from the Customer.
13. The Customer agrees that the legal and equitable title to the Goods is retained by Symetrix until Symetrix receives payment in full from the Customer for the Goods, Services and all other goods and services supplied to the Customer by Symetrix at any time.
LIMITATION OF LIABILITY
14. These Conditions set out the entire agreement between Symetrix and the Customer in relation to their subject matter, and all conditions, undertakings, inducements or representations expressed, implied statutory or otherwise relating in any way to the Goods and/or Services are excluded to the maximum extent permitted by law.
15. No statement or recommendation made or advice, supervision or assistance given by Symetrix, its employees, agents or representatives, whether oral or written, shall be construed as or constitutes a warranty or representation by Symetrix or a waiver of any clause in these Conditions. Symetrix is not liable for loss or damage arising directly or indirectly from any act or omission to act arising directly or indirectly from any such statement, recommendation, advice, supervision or assistance.
16. Subject to the following clause, Symetrix shall not be liable for any loss or damage, however caused (including, but not limited to, by the negligence of Symetrix), suffered by the Customer or any third party in connection with a supply of Goods or Services under these Conditions and/or any subsequent use, application, modification, embodiment or adaptation of the Goods in any other goods or service and the Customer releases Symetrix from liability for, and otherwise shall protect and hold Symetrix harmless from and against a claim for any such loss or damage and / or any indirect, special or consequential loss or damage suffered or incurred by the Customer arising out of a breach by Symetrix of a contract made incorporating these Conditions or a negligent act or omission of Symetrix or a breach of a statutory duty or obligation by Symetrix.
17. If any legislation implies a condition or warranty into these Conditions in respect of Goods or Services supplied, and
Symetrix liability for breach of that condition or warranty may not be excluded but may be limited, these Conditions do not apply to that liability, and instead Symetrix liability for any breach of that condition or warranty is limited to: (a). Replacing or repairing the goods or (b). Re-supply of the equivalent service
18. Symetrix reserves the right to accept or refuse the return of any Goods from the Customer.
19. Nothing in these Conditions shall require Symetrix to accept the return of any Goods from the Customer where those Goods have been installed for the Customer
WARRANTY
20. Symetrix warrants that the Goods are newly manufactured (unless otherwise indicated).
21. Symetrix warrants that it believes the Goods to be free from defects in materials and workmanship at the date of delivery.
22. Excluding power supplies or battery-operated devices, Symetrix warrants all Parts for three years and Labour for two years on all new installations.
23. Any warranty claims that are more than three years old, and are covered by an extended warranty outlined in a proposal provided by Symetrix, may include warranty coverage of parts. The Customer remains liable for any service call out fee or labour costs involved in honouring that extended warranty.
24. The Customer may notify Symetrix of any defect or suspected defect in the Goods during the Warranty Period. Symetrix shall, to the extent necessary, inspect, replace or repair the Goods as soon as practicable after receiving notice from the Customer pursuant to this clause.
25. Symetrix shall not be liable under the preceding clause or covered by any warranty if the defect is the result of:
(a). improper use or mismanagement by the Customer;
(b). the operation of the Goods other than in accordance with its authorised use(s) and/or the operating manual relevant to instruction in the use of the Goods;
(c). use of the Goods in a manner not reasonably contemplated by Symetrix;
(d). modification of the Goods not authorised by Symetrix;
(e). use of the Goods in a manner contrary to law;
(f). the Goods are subjected to unusual or not recommended physical, environmental or electrical stress;
(g). re-installation or moving of the Goods by a person other than Symetrix;
(h). use of the Goods by a person other than the Customer and/or its authorised employees;
(I). the Customer fails to comply with any terms of these Conditions;
(j). the Customer failure or refusal to install engineering changes or enhancements recommended by Symetrix; or
(k). the serial number being removed or defaced.
(l). if the system has been modified, serviced or maintained by anyone other than Symetrix.
(m). the system contains components or cabling that were not provided by Symetrix or as part of a new installation by Symetrix.
Items that are NOT covered by a three-year warranty, due to the fact they are considered perishable items or provided by a
third party;
(a). Remote controls (1 year)
(b). Power Supplies (1 year)
(c). FOBs and Swipe Cards (no warranty)
(d). Components retained as part of a pre-existing system
(e). Software, software updates, smart device Apps, device compatibility
26. If the Customer provides notice of a defect or suspected defect pursuant to these Conditions and any subsequent inspection by Symetrix reveals no further obligation on the part of Symetrix under these Conditions, the direct and indirect costs and expenses associated with such inspection shall be borne by the Customer.
27. Any failure or delay by Symetrix to exercise a power or right does not operate as a waiver of that power or right, and the exercise or non-exercise of a power or right by Symetrix does not preclude either its exercise in the future or the exercise of any other power or right.
THIRD PARTY WARRANTIES
28. With respect to any third party software provided by Symetrix to the Customer in connection with or embedded in the Goods and/or Services.
29. Third-party software products are not covered by the warranties provided by the original manufacturer or by Symetrix, the supplier of the product.
30. All supplier product hardware and labour warranties are null and void if the customer, or any other party, alters or modifies the deliverables after delivery, no third party software product warranties either express or implied are made:and the customer’s recourse shall be solely against the creator or manufacturer.
