SECUSAFE TERMS AND CONDITIONS AGREEMENT OF SALE
1 Scope and acceptance
1.1 These terms apply to goods and services supplied by SecuSafe Pty Ltd to both business customers and consumers unless SecuSafe agrees otherwise in writing.
1.2 By placing an order, accepting a quotation, paying an invoice, or accepting delivery, the customer agrees to these terms. Any additional customer terms apply only if SecuSafe accepts them in writing.
1.3 Nothing in these terms excludes, restricts or modifies any right, guarantee, warranty or remedy that cannot lawfully be excluded, including rights under the Australian Consumer Law.
2 Orders and quotations
2.1 A quotation is an invitation to place an order and is valid for the period stated in the quotation. An order is accepted when SecuSafe issues written confirmation, issues an invoice requiring payment, accepts payment, or dispatches the goods, whichever occurs first.
2.2 The customer must check product codes, descriptions, quantities, delivery details and compatibility before confirming an order. SecuSafe may request further information before accepting an order.
2.3 A customer may request a change or cancellation before acceptance. After acceptance, a change or cancellation requires SecuSafe's written approval. Special-order, customised or configured products cannot be cancelled unless SecuSafe agrees in writing.
3 Prices GST and freight
3.1 Prices in trade quotations and trade price lists are exclusive of GST and freight unless stated otherwise. SecuSafe will identify applicable GST, freight and other charges before the customer confirms the order.
3.2 Where SecuSafe supplies a consumer, the total price will be displayed or communicated as required by law, including GST and unavoidable or pre-selected charges.
3.3 SecuSafe may change prices or specifications before accepting an order. After acceptance, SecuSafe will not change the agreed price unless the customer agrees in writing or is given the option to cancel the affected order without penalty.
3.4 Obvious typographical, clerical or calculation errors may be corrected before acceptance. If discovered after acceptance, SecuSafe will notify the customer and offer the choice of proceeding at the corrected price or cancelling the affected order for a full refund.
4 Payment
4.1 Payment in full is required before dispatch or collection unless SecuSafe has approved written credit terms for the customer.
4.2 SecuSafe accepts the payment methods it makes available at the time of purchase, which may include EFT, EFTPOS, Visa, Mastercard and American Express. Any surcharge will be disclosed before payment and will not exceed the amount permitted by law or applicable card-scheme rules.
4.3 Remote card payments must be completed through SecuSafe's approved secure payment link. Customers must enter their card details directly into the payment provider's secure page. SecuSafe staff will not request or store a complete card number, expiry date, card verification code or card image.
4.4 SecuSafe may perform proportionate identity, account or transaction checks before accepting payment or releasing goods. Personal information will be collected, used, stored and disposed of in accordance with SecuSafe's Privacy Policy and applicable law.
4.5 A payment is not complete until SecuSafe receives cleared funds. SecuSafe may withhold dispatch, collection or further supply while an amount is overdue.
5 Title and security interests
5.1 Title to goods remains with SecuSafe until SecuSafe receives full payment for those goods and all other amounts due in relation to the order. Risk may pass before title under section 6.
5.2 Where goods are supplied before full payment under approved credit terms, the customer grants SecuSafe a security interest in those goods and their proceeds to secure payment. The customer must provide reasonable assistance requested by SecuSafe to protect or register that interest under the Personal Property Securities Act 2009.
5.3 Until title passes, the customer must keep the goods identifiable, protected and, to the extent reasonably practicable, separate from other goods. SecuSafe may exercise rights concerning unpaid goods only in accordance with applicable law.
6 Delivery collection and risk
6.1 Delivery dates and transit times are estimates unless SecuSafe expressly guarantees a date in writing. SecuSafe will use reasonable efforts to meet an estimate and will notify the customer of a material known delay.
6.2 For delivery arranged by SecuSafe, risk passes when the goods are delivered to the nominated address, subject to any mandatory law that applies. The customer must provide safe and reasonable access and a person authorised to receive the goods.
6.3 For customer collection, risk passes when the customer or its representative collects the goods. If the customer engages or nominates its own carrier, risk passes when SecuSafe hands the goods to that carrier, subject to any mandatory law that applies.
6.4 Tracking enquiries should be made using the carrier details supplied by SecuSafe. SecuSafe will reasonably assist with a claim for loss or damage where SecuSafe arranged the delivery.
6.5 SecuSafe may make partial deliveries where reasonable. The customer will be charged additional freight caused by a partial delivery only if disclosed and agreed beforehand.
7 Inspection and delivery discrepancies
7.1 The customer should inspect goods promptly after delivery or collection and notify SecuSafe in writing within five working days of any visible transit damage, shortage or incorrect item.
7.2 The notice should include the invoice or order number, product details, quantity affected and photographs where relevant. SecuSafe may ask the customer to preserve packaging while the matter is assessed.
7.3 The five-working-day period assists SecuSafe to investigate delivery discrepancies. It does not remove rights concerning concealed damage, faulty goods or other rights that cannot lawfully be limited.
8 Change of mind and customer error
8.1 SecuSafe is not required to accept a return because the customer changed their mind, ordered the wrong product, no longer requires the goods, or had a project cancelled.
8.2 SecuSafe may approve a change-of-mind return in writing when the request is made within 30 days of the invoice date and the goods are unused, unopened, complete, undamaged and in resaleable condition with original packaging.
8.3 An approved change-of-mind return is subject to a 12% restocking fee. The customer is responsible for return freight and the risk of loss or damage until SecuSafe receives the goods.
8.4 Change-of-mind returns are not available for special-order, customised, configured, clearance, exdemo or display products; activated software or licences; opened consumables; or any product that cannot be resold as new, unless SecuSafe agrees otherwise in writing.
8.5 A credit is issued only after SecuSafe receives and inspects the goods. Any approved credit will be applied to the original account or payment method where practicable.
9 Faulty damaged or incorrectly supplied goods
9.1 The change-of-mind conditions and restocking fee do not apply to goods that are faulty, damaged before risk passed, or incorrectly supplied by SecuSafe.
9.2 The customer should contact SecuSafe before returning goods so SecuSafe can provide return instructions and, where appropriate, a return authorisation. Failure to obtain an authorisation does not remove any right or remedy that cannot lawfully be excluded.
9.3 SecuSafe may inspect or test returned goods to confirm the issue. Remedies will be provided in accordance with applicable law and may include repair, replacement, refund or another agreed solution.
9.4 Where required by law, SecuSafe will reimburse reasonable return costs for faulty or incorrectly supplied goods. If inspection confirms that the goods are not faulty and were correctly supplied, SecuSafe may require the customer to pay reasonable inspection and freight costs disclosed in advance.
10 Credits and refunds
10.1 The 30-day limit applies only to discretionary change-of-mind returns and related credit requests. It does not limit claims for faulty goods, consumer guarantees, express warranties or other rights that cannot lawfully be limited.
10.2 The customer must provide the original invoice or sufficient proof of purchase. Refunds will ordinarily be made to the original payment method, subject to payment-provider requirements.
11 Warranties and Australian Consumer Law
11.1 Manufacturer warranties are additional to any rights available under the Australian Consumer Law. Customers may contact SecuSafe for assistance with a product problem even where a manufacturer also provides support.
11.2 To the extent permitted by law, SecuSafe's liability for a failure to comply with a guarantee applying to goods or services not ordinarily acquired for personal, domestic or household use is limited to the remedies permitted by the Australian Consumer Law.
11.3 Nothing in these terms excludes liability that cannot lawfully be excluded or limited.
12 General terms
12.1 SecuSafe is not liable for delay or failure caused by an event beyond its reasonable control, but will take reasonable steps to reduce the effect of the event and will comply with any rights the customer has under applicable law.
12.2 A notice under these terms must be in writing and sent using the contact details shown on the quotation, invoice or SecuSafe website. A reference to writing includes email.
12.3 If part of these terms is invalid or unenforceable, it will be read down or severed to the minimum extent necessary, and the remaining terms will continue.
12.4 These terms and the accepted quotation or order confirmation form the agreement for the sale. If they conflict, a term specifically agreed in writing for the order prevails over these standard terms.
12.5 These terms are governed by the laws of New South Wales, Australia. The parties submit to the courts of New South Wales, subject to any mandatory right to bring a claim elsewhere.