GENERAL TERMS AND CONDITIONS

These are the Terms and Conditions of Quotation and Sale (“Terms and Conditions”) of all products and services supplied by Swift Smoke Alarms & Electrical PTY LTD (SWIFT, the Company), except as otherwise expressly agreed upon in writing between the parties, the following Terms and Conditions shall apply notwithstanding any provisions to the contrary which may appear on any document or agreement between the Customer and SWIFT.

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1. Definitions

“Customer” means the person/s placing the order for Works and/or products supplied by SWIFT to the Customer as specified in any invoice, document or order. The customer warrants that they have the power to enter into this agreement and has obtained all necessary authorisations to allow them to do so.

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“Quote” means any document containing a price for Works, including but not limited to Tax Invoices, quotations generated by computer or tablet devices or handwritten quotations.

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“Works” means any services rendered, products delivered or any future or completed work done by SWIFT.

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2. Binding Nature

All orders placed with SWIFT shall only be accepted subject to these Terms and Conditions. The Customer has exclusively accepted and is immediately bound by these Terms and Conditions if the Customer places an order for the product/s or services, accepts any Quote, pays the deposit, continues to provide instructions and/or accepts the product/s or Works.

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3. Pricing

3.1 Upon acceptance of the Quote by the Customer, SWIFT may require a deposit to be paid prior to any Works being commenced by SWIFT. This deposit amount is at the sole discretion of SWIFT.

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3.2 SWIFT reserves the right to invoice in staged payments, stages include pre-work, rough in completion, fit off/ job completion. The requirement for staged payments is at the sole discretion of SWIFT.

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3.4 SWIFT reserves the right to make any changes to the quotation including but not limited to the contract sum if either: (i) a variation is requested by the Customer, or (ii) a Quote has not been fulfilled within 30 days of the date the Quote was produced. Any variation from the quotation, schedule works or specifications will allow SWIFT the right to stop the progress of any works until SWIFT and the Customer agree to changes. Payment for all variations must be made in full at the time which they are raised.

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4. Terms of Payment

4.1 Payment terms are strictly 7 days from invoice date unless otherwise agreed upon and documented in the quote.

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4.2 If the customer fails to make payment in accordance with clause 4.1 SWIFT shall be entitled to:

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(i) Require the payment of cash upon delivery and commencement of any further Works;

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(ii) Charge default interest at the rate of 10% per annum on all overdue amounts (including late payment charges and amounts other than the contract sum) calculated on a day to day basis on any monies due but unpaid, such interest to be computed from the due date for payment AND the parties agree that such default is not a penalty but is a true measure of damages incurred by SWIFT. Payments received from the Customer will be credited first against any default interest and all such charges shall be payable upon demand;

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(iii) Claim from the Customer all costs relating to any action taken by SWIFT to recover moneys or goods due from the Customer including, but not limited to, any legal costs and disbursements on a solicitor-client basis;

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(iv) Cease any further Works for the Customer and terminate any agreement in relation to services and/or products that have not been provided or delivered;

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5. Property and Risk

All equipment supplied and installed by SWIFT remains the property of the SWIFT until all monies outstanding to the Company in connection with these Terms and Conditions have been paid.

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In the event of a default by the Customer, then without prejudice to any other rights which SWIFT may have at law or under this contract:

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i) SWIFT or its agents may without notice to the Customer enter the Customer’s premises or any premises under the control of the Customer for the purposes of recovering the Goods.

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ii) SWIFT may recover and resell the Goods.

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6. Products and Works

If any products and Works specified within this quotation are unavailable at the time of the works being carried out, SWIFT in its absolute discretion may substitute a reasonable alternative.

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7. Warranties

7.1 To the extent required by statute, subject to the conditions of warranty as may be set out in The Australian Consumer Law located in Schedule 2 of the Competition and Consumer Act 2010 SWIFT warrants that if a defect in any of the Works carried out by SWIFT is reported to SWIFT within 12 months of the date of completion, then SWIFT will either replace or remedy the Works subject to these Terms and Conditions.

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7.2 This warranty will not be applicable in any of the following:

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(i) Defect or damage caused which may be caused or partly caused by or arising through the failure of the Customer to properly maintain any Works, follow any instructions or guidelines provided by SWIFT, use of any Works in any other way than is outlined in the quotation, the manufacturers instructions or by the Customer’s negligence.

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(ii) The Customer continues to use any of the works after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user.

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(iii) The Customer allows someone other than a licensed professional to deal with the products.

 

(iv) If the works fail due to fair wear and tear, any accident or act of God.

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7.3 The warranty shall cease and SWIFT shall thereafter in no circumstances be liable under the terms of the warranty if the works are repaired, altered or overhauled without SWIFT express written consent.

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7.4 Components and parts from third party suppliers are subject to the same warranty (if any) as is extended to SWIFT by the supplier.

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8. Work Site Access

We have based our offer on free and unrestricted access to all required work areas.

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9. Personal Property Securities Act 2009 (“PPSA”)

 

9.1 The Customer acknowledges and agrees that:

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(i) this agreement constitute a security agreement for the purposes of the PPSA and creates a registrable security interest under the PPSA in all materials supplied or will be supplied by SWIFT to the Customer;

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(ii) SWIFT has the right to register a financing statement under the PPSA with respect to the security interest created by this agreement;

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(iii) if SWIFT registers a security interest under the PPSA, SWIFT may exercise any or all remedies afforded to it as a secured party, without prejudice to any other rights or remedies arising out of a breach by the Customer of any agreement with SWIFT; and

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(iv) the materials supplied or will be supplied by SWIFT to the Customer are collateral for the purposes of the PPSA.

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10. PRIVACY STATEMENT

All “personal information” (as defined in the Privacy Act 1988) supplied by the customer will be used by SWIFT for the purposes of administering invoices, quotes, collection of monies owed, lodgement of required forms to government bodies (energy safety) only.

 

The personal details of the customer will never be given out without direct permission from the customer or the disclosure is required or authorised by law. For the purpose of enforcing its rights under this Agreement, SWIFT may at times be required to disclose personal information to third parties such as debt collection agencies and legal service providers.

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11. General

11.1 If any clause or part thereof of these Terms and Conditions is invalid or not enforceable in accordance with its terms, all other terms or parts thereof which are self-sustained and capable of separate enforcement without regard to the invalid or unenforceable clause or part thereof is and will continue to be valid and enforceable in accordance with its term.

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11.2 The Customer agrees that these Terms and Conditions are governed by and construed in accordance with the laws of the State of Queensland.

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11.3 Subject to other clauses in these Terms and Conditions and implied provisions, SWIFT shall not be liable whatsoever to the Customer for any indirect, consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by SWIFT of these Terms and Conditions. In the alternative, SWIFT’s liability shall be limited to damages not exceeding the contract sum of the order.

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11.4 SWIFT may assign all or any part of its rights and obligations without the Customer’s consent.

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QLD SMOKE ALARM UPGRADE/INSTALLATION TERMS AND CONDITIONS

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1. Offer
From 1 January 2022, property owners of rental properties have stricter compliance requirements at law (“Compliance Requirements”) with respect to smoke alarms. We offer to ensure the smoke alarms at the property are upgraded to comply with the Compliance Requirements (“Upgrade”) on the basis of these Offer Terms and subject to the Exclusions (“Offer”).

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2. Free Wall Controller

The FREE BONUS wall controller is only offered when a property is fully upgraded to 2022/2027 compliance requirements and at least 4 smoke alarms are installed in the property. 

 

This means that;

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(i)       Smoke alarms need to be installed in every bedroom.  This includes any rooms that may be closed off and used as a bedroom, like a study.

(ii)      Smoke alarms need to be installed in every hallway that connects a bedroom to the rest of the house.  So if you have bedrooms that connect to different hallways, you'll need a smoke detector in each hallway too.

(iii)      Smoke alarms need to be installed in every open area that connects a bedroom to the rest of the house.  So if you have bedrooms that don't open into a hallway, but connect to an open area, you'll need to install a smoke alarm here too.

(iv)      If you've got a multi level house, smoke detectors must be installed on every level, even if there are no bedrooms on one of the levels

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If you do not meet the above requirements, you will not receive the FREE BONUS wall controller.  However, the wall controller is available to purchase for $80 and can be used with 1 or more installed Emerald smoke alarms.

3. Deposit
Where a deposit is payable for the Upgrade, it may be refunded where the property is sold prior to the Upgrade installation date, where evidence is provided.

4. Call-out Fee Chargeable if Property Already Upgraded
Where you accept the Offer and we attend the property, only to find that the property has already achieved the Compliance Requirements, the Upgrade Price will not be payable, but a call-out fee of $99 (incl GST) will be payable.

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5. Call-out Fee Chargeable if Property Access is Denied or Client Changes Mind

Where you accept the Offer and we attend the property, only to find that access to the property is denied or not available or the owner of the property decides not to proceed with the works, a call-out fee of $129 (incl GST) will be payable.  In the case of denied access - the agent/landlord will be contacted and an alternative installation date will be arranged. 

6. Existing Mains Connected Alarm
Where the property has an existing mains connected smoke alarm, in some circumstances, the Compliance Requirements will require it to be relocated.

Where relocation is required, our technician will assess whether the property’s switchboard can support the required RCD/safety switches. If our technician assesses that the switchboard cannot (in their absolute discretion) support the required RCD/safety switches, they will immediately suspend the Upgrade and we will provide a same day quote for an upgrade of the switchboard. The Upgrade installation will remain suspended until the switchboard has been upgraded by us or by a third party, at your discretion.
Where we are satisfied that the switchboard can support the required RCD/safety switches, we will:

i.    install any required RCD/safety switches at a cost of $160 plus GST;

ii.    relocate the mains connected smoke alarm. Our technician will make reasonable efforts to avoid causing damage, but please note, with relocations, there may be unavoidable residual damage from the original installation or from the relocation (“Plaster Damage”) and we exclude all liability for Plaster Damage arising out of the relocation works set out in this paragraph. 

7. Exclusions
The cost of a switchboard upgrade required in order to support the relocation of a mains connected smoke alarm and/or any Plaster Repair Costs are specifically excluded from this Offer.

8. Our Obligations
Where you accept the Offer and upon completion of the Upgrade, we will provide a certificate of compliance with the Compliance Requirements in respect of the Upgrade.

9. Total Bedrooms
You agree that we will determine the number of bedrooms (including studies and offices) at the property requiring smoke alarm installation to complete the Upgrade ("Total Bedrooms"), such determination to be made in our absolute discretion applying the Compliance Requirements then in force. The Total Bedrooms will be used to calculate the Upgrade Price for each property in accordance with the Upgrade Offer.

10. Your Obligations
Upon completion of the Upgrade, you agree to pay Swift Smoke Alarms & Electrical the balance of the Upgrade Price, being the Upgrade Price applicable to the property, less any Deposit paid.  The certificate of compliance will not be issued until payment is received in full.

11. Terms of Service
Our services (including those the subject of this Offer) will otherwise be strictly governed by our Terms of Service, which may be varied from time to time.

 

12. Referral Payments
If you were referred to us, the person/people/company who referred you to us may receive compensation in the form of money, gift vouchers or something else of value for having done so.  By accepting these terms and conditions you are accepting and agreeing to the person/people/company who referred you receiving said compensation.
 

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