TERMS AND CONDITIONS OF SERVICE
Services provided to you (“the Customer”) from King Gate Secure Pvt. Ltd. are provided on the basis of these Terms and Conditions of Service (“Agreement”). By placing an Order with King Gate Secure Pvt. Ltd., you agree that this Agreement applies to the provision of such services. Unless an authorised person of King Gate Secure Pvt. Ltd. gives an acknowledgement by notice in writing, no variation of the provisions of this Agreement is permitted. A binding contract is formed between you and King Gate Secure Pvt. Ltd. upon this Agreement or King Gate Secure Pvt. Ltd. Monitoring Agreement (“Order”) being signed by both parties. The terms and conditions described in this Agreement shall apply to the exclusion of any other terms and conditions whatsoever.
1. PRICE
1.1 The prices to be paid under this Agreement are as detailed in the Order. In the event that the price of any service is omitted, you shall pay King Gate Secure Pvt. Ltd.‘s standard price for the relevant Service current at the time of performance of the Services.
1.2 In the event prices are stated to include duties and taxes, these have been calculated on rates applicable at the time of quotation. Prices shall be adjusted to take into account the amount of duties and taxes actually paid or payable.
1.3 Any tax, impost, duty, or other levies are to be borne by you. If any such sums are required by law to be withheld, collected or paid, King Gate Secure Pvt. Ltd. will be entitled to add those amounts to the price. GST is not included in the price and will be added.
1.4 Any charges not expressly included in the price are payable by you.
1.5 King Gate Secure Pvt. Ltd. reserves the right to raise invoices to be paid for progress claims. Progress claim invoices for Services may be raised by King Gate Secure Pvt. Ltd. in accordance with the payment schedule referred to in an Order or, in the absence of any such payment schedule, progress claims may be made by King Gate Secure Pvt. Ltd. at its option.
1.6 Any quotations given by King Gate Secure Pvt. Ltd. are subject to written confirmation.
2. PAYMENT
2.1 You shall pay the full price of the Services at the time of Order unless otherwise provided in an Order or specifically agreed in writing by King Gate Secure Pvt. Ltd.
2.2 Payment shall be made within fourteen (14) days of delivery of an invoice by King Gate Secure Pvt. Ltd. by:
(a) cheque, electronic funds transfer, direct deposit, cash funds; or
(b) an irrevocable letter of credit issued or confirmed by a bank on terms and conditions acceptable to King Gate Secure Pvt. Ltd.
2.3 All prices are in Indian INR.
2.4 All moneys owing to King Gate Secure Pvt. Ltd. pursuant to an invoice which remains unpaid for thirty (30) days after the due date shall bear interest from that date at the prevailing Commonwealth Bank overdraft rate applicable to unsecured monies.
3. THE SERVICES
King Gate Secure Pvt. Ltd. reserves the right to revise at any time the extent or type of Services it agrees to supply to you if it reasonably believes that such other services can fulfil the same function.
4. ACCEPTANCE
4.1 Services performed by King Gate Secure Pvt. Ltd. shall be deemed accepted unless you notify King Gate Secure Pvt. Ltd. in writing within seven (7) days of completion of any deficiencies, providing reasonable evidence.
5. WARRANTY AND LIMITATION OF LIABILITY
5.1 Where Services are defectively performed, King Gate Secure Pvt. Ltd. shall re-perform the services to correct the defect.
5.2 Liability is limited to the fee paid by you. King Gate Secure Pvt. Ltd. is not liable for direct or indirect loss including profit loss, production loss, or any other consequential damage.
5.3 If a law implies a warranty or condition that cannot be excluded, King Gate Secure Pvt. Ltd. limits liability to:
(a) the re-supply of the relevant Services; or
(b) the payment of the cost of re-supplying the Services.
5.4 This liability only applies where services were wholly provided by King Gate Secure Pvt. Ltd.
5.5 You acknowledge that these limitations are fair and reasonable.
5.6 These provisions are subject to the Trade Practices Act 1974 and other applicable laws.
6. DELAY AND FORCE MAJEURE
6.1 Services are provided during regular business hours on Business Days. If requested otherwise, additional charges apply.
6.2 Costs incurred due to your instructions (or lack thereof), interruptions, or errors for which King Gate Secure Pvt. Ltd. is not responsible shall be reimbursed by you.
6.3 King Gate Secure Pvt. Ltd. shall not be liable for failure due to causes beyond its control including fire, flood, strikes, government orders, transport delays, etc.
6.4 In case of such delays, performance deadlines shall be extended accordingly.
7. DEFAULT
If:
7.1 you become insolvent or bankrupt,
7.2 default materially,
7.3 fail to make payments,
7.4 assign rights without consent, or
7.5 cause King Gate Secure Pvt. Ltd. to breach a law—
Then, King Gate Secure Pvt. Ltd. may suspend or cancel services or require advance payment without prejudice to other rights.
8. LICENCES AND PERMITS
8.1 You must obtain all necessary licences and permits before service.
8.2 You are responsible for ensuring compliance with all statutory requirements.
9. GENERAL PROVISIONS
9.1 An Order attaching or containing this Agreement constitutes an offer.
9.2 The offer is binding once accepted and signed by King Gate Secure Pvt. Ltd.
9.3 This Agreement and Order together form the complete contract.
9.4 This Agreement is governed by the laws of New South Wales, Australia.
9.5 If any provision is void or illegal, the rest remain valid.
9.6 No change is binding unless in writing and signed by King Gate Secure Pvt. Ltd.
9.7 Any unresolved dispute must first be referred to arbitration. If unresolved, an arbitrator shall be appointed by the President of the Law Society of New South Wales.
10. DEFINITIONS AND INTERPRETATIONS
10.1 Business Day: A day when banks are open in New South Wales.
10.2 Order: An approved service order form.
10.3 Services: Any security services provided under a King Gate Secure Pvt. Ltd. Monitoring Agreement.