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Terms & Conditions

Mobile Sounds and Security Limited: Terms and Conditions of supply of goods and services Acceptance of Terms and Conditions 1.1 Contracting Mobile Sounds & Security Ltd to carry out work or acceptance of a quote provided by Mobile Sounds & Security Ltd constitutes acceptance by the customer of these terms and conditions. Quotes and Estimates 2.1 All quotes or estimates are valid for 30 days, after which we reserve the right to amend if necessary to allow for price variances. 2.2 That the work quoted for will proceed smoothly and there are no unforeseen difficulties with the work or time delays caused by the customer or for reasons outside the suppliers control. 2.3 If additional work is required that could not be foreseen by Mobile Sounds & Security Ltd at the time of providing the quote, then Mobile Sounds & Security Ltd may as its option either cancel this contract or charge for such additional work at Mobile Sounds & Security Ltd‘s usual rate. 2.4 No variations to the work originally quoted for shall be carried out without the agreement of both the customer and Mobile Sounds & Security Ltd. 2.5 Where the customer and Mobile Sounds & Security Ltd have agreed to the variation, Mobile Sounds & Security Ltd will be entitled to charge for the work involved in such variation at their usual rate. Price 3.1 All goods and services are supplied at the price ruling at delivery date and Mobile Sounds & Security Ltd reserves the right to pass on to the customer any price increase incurred after the date of any quote. 3.2 All prices as quoted are inclusive of goods and services tax unless otherwise stated. Payment 4.1 The Customer shall pay the price (including any additional charges) to Mobile Sounds & Security Ltd in the following manner: 4.1.1 As set out by Mobile Sounds & Security Ltd in the written quotation/estimate/contract. Payment terms may be 7 days, 14 days or 20th of the following month. Progress payments will be required in some instances and this will be outlined in the quotation/contract supplied by Mobile Sounds & Security Ltd. 4.2 If full payment is not made by the customer to Mobile Sounds & Security Ltd in accordance with clause 4.1.1 then the customer will be in default under this contract and Mobile Sounds & Security Ltd may exercise all of the rights and remedies set out in this contract and otherwise available within the law; and 4.2.2 The customer will pay an administration fee on overdue accounts of $15.00 per calendar month as well as interest at Mobile Sounds & Security Ltd’s discretion. This will be at 2% above the banks current overdraft interest rate. 4.2.3 The customer will be liable for all expenses incurred by Mobile Sounds & Security Ltd in recovering the debt including but not limited to collection agency fee, legal fees and court costs inclusive of the disputes tribunal.. Liability on Claims 5.1 All claims against Mobile Sounds & Security Ltd by the customer must be made in writing within 7 working days of receipt of Mobile Sounds & Security Ltd’s invoice. 5.2 Mobile Sounds & Security Ltd reserves the right at its discretion to repair or replace goods or to credit the portion of the price applicable to the goods and services in respect of any claims accepted. 5.3 Mobile Sounds & Security Ltd will use its best endeavors to enforce any guarantees or warranties given by the manufacturer of goods supplied Mobile Sounds & Security Ltd. 5.4 In any event the total liability of Mobile Sounds & Security Ltd for any loss arising from any defect or non-compliance of the goods and services or any other breach by Mobile Sounds & Security Ltd of its obligations under this agreement, will not in any circumstances exceed the price quoted by the Mobile Sounds & Security Ltd. 5.5 If there is an event where a software update is carried out by an external service provider due to copyright changes etc, Mobile Sounds & Security Ltd is not liable for any impact the update may have on any equipments functionality. Any call backs will be charged out at our normal hourly rate. Ownership 6.1 Property in and ownership of the goods remains with Mobile Sounds & Security Ltd until all money the customer owes to Mobile Sounds & Security Ltd has been paid in full. 6.2 Mobile Sounds & Security Ltd reserves the right to register its financial interest in the goods or service on the Personal Property Securities Register. 6.3 If the customer is in default under these terms and conditions, then Mobile Sounds & Security Ltd will be entitled without notice to repossess the secured goods. The customer authorises Mobile Sounds & Security Ltd or its representatives, servants, agents or employees to enter the property where the secured goods are situated for the purpose of repossession. Mobile Sounds & Security Ltd will not be liable for any costs, expenses, damage or loss of any kind suffered by the customer as a result of repossession. 6.4 Any repossessed goods may be disposed of at the discretion of the supplier and any monies gained shall first be deducted from any money the customer owes Mobile Sounds & Security Ltd including any interest due and any expense occurred by Mobile Sounds & Security Ltd in enforcing its rights. Any surplus will pass to the customer. Consumer Guarantees Act 7.1 Where Mobile Sounds & Security Ltd is supplying goods and services to the customer for business purposes within the meaning of the Consumer Guarantees Act 1993, pursuant to section 43 the provision of that act will not apply to this agreement. Information and Privacy Act 8.1 For the purpose of facilitating the efficient running of Mobile Sounds & Security Ltd’s business, the customer authorizes Mobile Sounds & Security Ltd to collect all information it may require from any third parties and authorizes those third parties to release that information to Mobile Sounds & Security Ltd 8.2 The customer agrees that this information may be passed to a third party or to any other person to facilitate collection of debts from the customer. 8.3 Such information will be accessible to any of Mobile Sounds & Security Ltd‘s employees and agents who need access to it for the efficient running of the Mobile Sounds & Security Ltd‘s business. 8.4 The customer may request access to and correction of this information at any time. Construction Contracts Act 2002 9.1 Where not covered in these terms of trade or altered under mutual agreement, the default provisions in the Construction Contracts Act 2002 will be applied to any payment claims 9.2 Disputes will be referred to the adjudicator under the provisions in the Act. 9.3 We reserve the right to suspend work as allowed in the provisions in the Act Delivery & Risk 10.1 Risk in goods supplied will pass to the customer when the goods are delivered to the delivery point.