Terms & Conditions
LTS SECURITY AUSTRALIA
Conditions of Sale
LTS SECURITY AUSTRALIA Pty Ltd (A.B.N 33845781939)
Customer: Shall mean any commercial customer of LTS Security Australia
Goods and/or services: Shall mean any item of whatsoever nature, which is sold by LTS Security Australia to the Customer.
Delivery or Delivered: Shall mean the moment the goods are transported from the premises of LTS Security Australia by whatever means to the Customer.
Default in Payment: Shall mean
(i) if the Customer fails to pay any amount due to LTS Security Australia.
(ii) if any step is taken by the Customer to enter into any arrangement
between the Customer and its creditors;
(iii) if any step is taken to appoint a liquidator (provisional or otherwise), receiver, administrator or trustee in bankruptcy to the whole part of the customers’ assets or business.
These conditions apply to every sale made or agreed to be made by LTS Security Australia to the Customer and no variation or abrogation of them will be effective unless the variation or abrogation is evidenced in writing signed on behalf of LTS Security Australia. This offer is accepted by the customer confirming the order or the delivery arrangements, by accepting the first delivery of the goods ordered, or by admitting LTS Security Australia personnel to site for the purpose of delivering goods or performing services.
3. Precedence, Partial Invalidity
If there is any inconsistency or variance in the Conditions of the offer and these Conditions, then the former shall prevail. In the event of one or more clauses of these Conditions or any included in LTS Security Australia’ offer being held by a Court of Law to be legally invalid or unenforceable the remainder of such Conditions shall in no way be affected.
4. Acceptance and Order
Unless previously revoked by written notification to the Customer, LTS Security Australia’ offer shall remain valid for the period as stated in the offer or, where no such period is stated, for thirty (30) days from the date thereof.
Every Purchase Order placed shall be an acknowledgement made by the "Customer(S)" at the time that it is solvent & able to pay all of its debts and dues as per the Customer Account conditions. Failure to pay "LTS Security Australia" in accordance with these terms shall be deemed to be conclusive evidence that the customer had no reasonable grounds for making the representation hereof & the representations were unconscionable, misleading and deceptive.
5. Cancellation or Variation
An order may at LTS Security Australia’ option be terminated in the event of insolvency of the Customer or of execution being levied against any of the goods of the Customer or the Customer being placed in liquidation whether voluntary or otherwise.
An order may be cancelled or varied by the Customer only if such cancellation or variation is accepted by LTS Security Australia in writing and any such variation or cancellation shall only occur on terms which will reimburse LTS Security Australia for any costs or loss (including but not limited to loss of profit) incurred.
The prices charged shall be LTS Security Australia’ prices ruling at the date of delivery ex LTS Security Australia store. The price offered is based upon the quantities referred to in the offer. Should there be any variation in the total quantity of goods ordered from that offered, LTS Security Australia reserves the right to amend the prices. The prices of goods which are not sold ex LTS Security Australia’s stock but purchased for individual Customer’s requirements are based on the quoted rate of exchange or manufacturers rate and shall be subject to adjustment in respect of any variation due to exchange or manufacturers fluctuation.
7. Information and Drawings
All description specifications, illustrations, drawings, data, dimensions and weights furnished by LTS Security Australia or otherwise contained in catalogues, price lists and other advertising material of LTS Security Australia are approximate only and are intended to be by way of a general description of the goods and shall not form part of the contract.
The delivery date shall be extended in respect of any delay caused by the Customer, industrial disputes including but not limited to strikes and lockouts, circumstances such as fire, war, acts of terrorism, acts of God, mobilisation or by any other cause beyond the reasonable control of LTS Security Australia.
If after notification that the goods are ready for delivery, delivery is delayed for any reason beyond LTS Security Australia’ reasonable control LTS Security Australia shall be entitled, at its option, to arrange suitable storage at its premises or elsewhere and shall take reasonable measures to protect the Customer’s interest in the goods. The Customer shall accept all costs of storage, insurance, demurrage, handling and other charges associated with such storage.
Goods become the Customer’s risk on delivery.
Property and ownership in the goods will not pass to the Customer until LTS Security Australia has been paid in full by the Customer and all cheques and other negotiable instruments reportedly making payment for the goods to LTS Security Australia have been cleared by LTS Security Australia. Notwithstanding that the risk in the goods sold shall pass to the Customer as provided for in Clause 10 hereof title and property in the goods sold shall remain with LTS Security Australia until such time as full payment is made to LTS Security Australia for all amounts owing by the Customer so that the Customer’s total indebtedness to LTS Security Australia under the terms and conditions of sale is discharged.
In the event that the Customer fails to make payment for the goods in accordance with the terms of this contract then LTS Security Australia shall have the right to recover from the Customer the goods and for that purpose the servants or agents of LTS Security Australia may enter upon the Customer’s premises in order to effect recovery and use any reasonable means of force in order to effect recovery. LTS Security Australia shall have the right to resell or otherwise dispose of the goods so recovered without reference to the Customer.
If any of the goods are incorporated into or used by the Customer as parts components or materials in respect of any other product of the Customer before payment in full has been made for the goods then the property in the whole of the product into which the part or components have been incorporated shall be and become that of LTS Security Australia and remain the property of LTS Security Australia until such time as payment in full has been made by the Customer.
Notwithstanding the provisions of the terms and in particular Clause 13 hereof payment shall become due immediately upon the Customer (being a natural person) committing any act of bankruptcy or if the Customer (being a company) commits any act which entitles any person to apply to wind up the Customer or if a receiver or receiver and manager of the Customer is appointed. The Customer acknowledges that until his/her total indebtedness to LTS Security Australia is discharged he holds the goods sold as bailee of LTS Security Australia and that a fiduciary relationship exists between LTS Security Australia and the Customer for the goods has been made then the Customer in a position of fiduciary shall:
(a) assign to LTS Security Australia the benefit of any claim against such customers,
(b) account fully to LTS Security Australia for the proceeds of the sale of the goods sold or any part thereof until the Customer’s total indebtedness to LTS Security Australia is discharged.
12. GST & other taxes
Unless otherwise stated, the prices offered are exclusive of GST or other Government imposts.
13. Terms of payment
For both Account and non-account paying customers, at the discretion of LTS Security Australia, A fee of 1.5% will be incurred by the Payor in the case of a credit card payment.
Payment for goods by a non-authorised LTS Security Australia account holder must pre-pay for all goods and services.
If Authorised by LTS Security Australia, A COD (Cash on Delivery) payment may be made.
LTS Security Australia Active Account
Unless agreed to the contrary by LTS Security Australia and the Customer in writing, payment for the goods must be made by the Customer. Payment is subject to NSW Security of Payments Act, In the case of goods to be dispatched or delivered to an address in Australia, net thirty (30) days payment due before the end of the month following that in which the goods are invoiced.
If payment is not made on the due date, LTS Security Australia has the right, without prejudice to any other rights it may have, to suspend delivery of or at it’s option, cancel any contract to supply goods to the Customer.
If the customer defaults in payment of any monies payable to LTS Security Australia:
a) LTS Security Australia may until payment is made in full and without prejudice to any other rights at law or in equity require the Customer to pay interest to LTS Security Australia on the amount outstanding at the rate of 4% per annum higher than the rate for the time being fixed under Section 2 of the Penalty Interest Rates Act New South Wales 1983 computed upon the money overdue during the period default.
b) the Customer cannot make any deduction from the price of goods or claim any set or counter claim against LTS Security Australia.
c) LTS Security Australia, its servants and agents may enter the Customers premises and without liability for trespass or otherwise repossess goods for which payment has not been made.
14. Goods returned for Credit
Goods will be accepted for credit only by prior agreement ( within 10 working days of Despatch of goods ) or to the extent that they have been wrongly or over supplied. Returned goods shall be delivered to LTS Security Australia free of charge, in good order and condition, unused and in the original packaging, accompanied by a despatch note stating the original invoice number, date of supply and reason for return. Except where goods have been wrongly or over supplied, a charge as determined by LTS Security Australia will be made for handling costs.
Goods made to special order cannot be returned or credited unless not to specifications or otherwise not in accordance with any expressed or implied term of the contract. Goods returned after 10 working days and authorised by LTS Security Australia to be returned will incur a 20% re-stocking fee.
15. Shortfall in Delivery and Damaged Goods
The Customer must notify LTS Security Australia within seven (7) days of delivery for any shortfall in or damaged goods failing which the Customer will not be entitled to any remedy in respect to the shortfall or damage
LTS Security Australia shall make good by repair or at LTS Security Australia’ option by replacement within a reasonable time after notification by the Customer defects caused by LTS Security Australia’ failure to comply with the contract, or which appear in the goods arising from faulty design, material or workmanship provided always that
- such goods have been properly handled and used and have been operated and maintained in accordance with instructions issued by LTS Security Australia and
- such defects (whether apparent or not) occur within a period of twelve (12) months after the goods have been delivered
- LTS Security Australia is notified in writing within seven (7) days of the alleged defect occurring and the Customer has stated the date and place of purchase.
Where in accordance with the foregoing, the Customer has notified LTS Security Australia of an alleged defect, he shall if LTS Security Australia so requires promptly, and at his/her own expense and risk, return the defective part(s) to LTS Security Australia.
The removal of the defective part and the installation of any repaired or replacement part shall be performed by the Customer at his/her own expense. Where any defective part(s) has been replaced such part(s) shall become the property of LTS Security Australia.
This express warranty is in lieu of any other rights that would otherwise be conferred on the Customer under any law save that this express warranty does not exclude any conditions or warranties implied into this contract by the provisions of the Trade Practices Act or by any other Federal or State Laws to the extent that such condition or warranties may not be excluded by express agreement.
[ NVR's/DVR's ]: have a Warranty period of three (3) years on Platinum Series Products, two (2) years on standard HD-SDI and Analog Products, from the date of original purchase through LTS Security Australia.
[ CAMERAS ]: have a Warranty period of three (3) years on Platinum Series cameras; two (2) years for Platinum series PTZ high speed dome; one (1) year for HD-SDI, Analog, IP and PTZ cameras from the date of original purchase through LTS Security Australia.
[ ACCESSORIES ]: have a Warranty period of one (1) year on all accessories and a period of two (2) years on power supplies from the date of original purchase through LTS Security Australia.
For all other Products supplied from "LTS Australia" please refer to the [ Warranty Claims ] Link forth :
Return Merchandise Authorization (RMA) Policy
For all warranty service, "Customers" must return defective items with a completed fully detailed RMA [ Return Merchandise Authorization ] form. ( Available from the LTS Australia web site )
The following Details are an essential requirement on RMA form :
1. Date of Return
2. Customer or Company Name
3. Product Item Code
4. Product Serial Number
5. Original Invoice Number
6. Brief description of Defect
Note: Before you deliver your product for warranty service it is your responsibility to keep a separate backup copy of the system software, application software and data. Data recovery is not included in the warranty service, "LTS Australia" will not be responsible for data that may be lost or damaged during transit, repair or replacement. "LTS Australia" will not install or reinstall any software that is not of the original system configuration.
17. Liability of LTS Security Australia
Subject to clauses 15 LTS Security Australia shall not be under any liability whether in contract, tort or otherwise from any cause whatsoever, whether occasioned by negligence or otherwise, for any injury, damage or loss, including consequential damage or loss whether to persons or property, arising out of this contract or the goods supplied pursuant hereto including any defects therein or anything connected therewith or with repair or replacement or any other work related thereto.
The Customer cannot assign or transfer any of its rights or obligations under or in connection with the goods sold and delivered to by LTS Security Australia.
19. Governing Law
All contracts made between LTS Security Australia and the Customer are governed by the laws of the State of New South Wales and LTS Security Australia, and the Customer agrees to submit to the exclusive jurisdiction of the Courts of New South Wales
The LTS Security Australia Website is comprised of various Web pages offered with conditional acceptance to the "Customer(s)" without modification of the terms & conditions and notices contained herein operated by LTS Security Australia.
The "Customer(s)" use of the LTS Security Australia Website constitutes your agreement to all such terms & conditions, and periodical changes.
LTS Security Australia reserves the right to change the terms & conditions, and notices under which the LTS Security Australia Website is offered, including but not limited to the charges associated with the use of the LTS Security Australia Website.
The LTS Security Australia Website may contain links to Manufacturer's Websites; LTS Security Australia has no control of these Linked Sites and holds no responsibility for the contents on any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. LTS Security Australia is providing these links to the "Customer(S)" purely as a convenience and is not responsible for webcasting or any other form of transmission received from any of these Linked Site.
LTS Security Australia has taken every possible precaution in adapting and using a reputable third party provider of our customised Website specifically developed to suit the LTS Security Australia online Wholesale & Distribution model; As the "Customer(S)" your Credit Card Payment details are secured by the highest level 128 bit encryption currently available as per the following Links [ Eway / Paypal ]
Any private and or personal information provided on the LTS Security Australia website when the "Customer(S)" signs up will be protected by the terms & conditions of the Third Party Website developer; LTS Security Australia will be exempt from any responsibility or liability for this information regardless of its authenticity as originally provided by the "Customer(S)"...
ACCESS RESTRICTION & TERMINATION
LTS Security Australia can at any time in its sole discretion, reserves the right to terminate your access to the LTS Security Australia Website and the related services or any portion thereof, without notice.
20. Exclusions and Limitations
LTS Security Australia will not be held liable for any damage to or loss of any programs, data, or other information stored later by the user on the DVR, NVR, CAMERA, or associated ACCESSORIES. Recovery and reinstallation of programs and user data is not covered under this Limited Warranty. This Limited Warranty does not apply:
(a) to damage caused by accident, negligence, mishandling, misuse, abuse, or products not supplied by LTS Security Australia;
(b) to damage caused by faulty installation, mis-configuration, mis-application, improper operation, alteration or modification without prior written permission from LTS Security Australia, or service performed by anyone other than a LTS Security Australia authorised staff;
(c) to damage caused by power surge, improper voltage supply, lightning strike, flood, earthquake, or damage that is attributable to natural disasters or acts of Terrorism.
(d) if the [ Original Equipment Manufacturer] serial number has been removed or defaced;
(e) to mis-applications in other environment and/or used with unrelated non [ Original Equipment Manufacturer] products.
In no case shall LTS Security Australia, it's DIRECTORS, EMPLOYEES or AFFILIATES be held LIABLE for any Direct, Indirect, Incidental, Punitive, Circumstantial, or Consequential Damages arising from the use of any [ Original Equipment Manufacturer ] Products provided, or any breach of Warranty or Condition, or under any other Legal Theory, including but not limited to the Loss of Profits, Loss of Contracts, Downtime, Goodwill, Damage to or Replacement of Equipment and Property, Any Costs of Recovering, Reprogramming, or Reproducing any Program or Data stored in or used with the [ Original Equipment Manufacturer ] Products, and any failure to maintain the Confidentiality of data Stored on the Products specifically does not represent that it will be able to repair any product under this Warranty or make a Product exchange without risk to or loss of Programs or Data.
LTS Security Australia does not guarantee, represent, or warrant that the use of its product or service will be free from interruptions, error, loss, corruption, attack, viruses, interference, hacking, or other Security intrusion, and LTS Security Australia disclaims any liability relating thereto.
LTS Security Australia specifically disclaims any and all implied Warranties, including, without Limitation, Warranties of Merchantability and fitness for particular purpose.
(Terms and Conditions are subject to change without Notice)