Terms & Conditions
Maura Holdings Pty Ltd T/A Golden Electronics – Terms & Conditions of Trade
Part I – General Terms and Conditions
1. Definitions
1.1 “Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting Golden to provide the Services as specified in any proposal, quotation, order, invoice, or other documentation, and:
- ( a ) if there is more than one Client, is a reference to each Client jointly and severally; and
- ( b ) if the Client is a partnership, it shall bind each partner jointly and severally; and
- ( c ) if the Client is on behalf of or part of, a Trust, shall be bound in its own capacity as a trustee; and
- ( d ) includes the Client’s executors, administrators, successors, and permitted assigns.
1.2 “Client Information Sheet” shall include the Client’s written instructions to Golden detailing response procedures and the Client’s voice codes and/or passwords (this is applicable to Monitoring Services only).
1.3 “Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, Contracts, client information (including “Personal Information” such as name, address, D.O.B, occupation, driver’s license details, electronic contact details, medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.
1.4 “Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.
1.5 “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website and can be accessed either by the web server or the client’s computer. If the Client does not wish to allow Cookies to operate in the background when using Golden’s website, then the Client shall have the right to enable/disable the Cookies first by selecting the option to enable/disable provided on the website, prior to making enquiries via the website.
1.6 “Extra Work” means work authorised by the Client and carried out by Golden for which an extra charge is payable at Golden’s normal rates in addition to work accepted by the Client in a written quotation. Extra Work includes:
- (a) service work undertaken on a ‘do and charge’ basis and is not necessarily specified as exclusions in any quotation;
- (b) repairs and replacement parts, except where such work is completed under warranty as agreed by Golden;
- (c) system maintenance, unless otherwise agreed by Golden in writing.
1.7 “Golden” means Maura Holdings Pty Ltd T/A Golden Electronics, its successors and assigns or any person acting on behalf of and with the authority of Maura Holdings Pty Ltd T/A Golden Electronics.
1.8 “Products” means all Products or Services (including ‘Monitoring Services’) supplied by Golden to the Client at the Client’s request from time to time (where the context so permits the terms ‘Products’ or ‘Services’ shall be interchangeable for the other).
1.9 “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).
1.10 “Price” means the Price payable (plus any GST where applicable) for the Products as agreed between Golden and the Client in accordance with clause 6 below.
1.11 “Site” means the address nominated by the Client where the Products are to be delivered.
2. Acceptance
2.1 The parties acknowledge and agree that:
- (a) they have read and understood the terms and conditions contained in this Contract; and
- (b) the parties are taken to have exclusively accepted and are immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of the Products.
2.2 In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.
2.3 Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.
2.4 The Client acknowledges that the supply of Products on credit shall not take effect until the Client has completed a credit application with Golden and it has been approved with a credit limit established for the account.
2.5 In the event that the supply of Products requested exceeds the Client’s credit limit and/or the account exceeds the payment terms, Golden reserves the right to refuse delivery.
2.6 It shall be the Client’s responsibility to ensure that all security software and updates, any firewalls that should be activated, appropriate user practices and any other security measures recommended by Golden are carried out. Failure by the Client to comply with Golden’s security recommendations which could then result in a breach of security measures (such as targeted cyber-attacks, internet outage or any other situation beyond anticipation by Golden), then Golden accepts no responsibility or liability for any loss (including loss of income), damages, or costs however resulting from these events.
2.7 Where the Client is a tenant (and therefore not the owner of the Site) then the Client warrants that the Client has obtained the full consent of the owner for Golden to deliver the Products to the Site. The Client acknowledges and agrees that they shall be personally liable for full payment of the Price for all Products supplied under this Contract, and to indemnify Golden against any claim made by the owner of the Site (howsoever arising) in relation to the supply of Products by Golden, except where such claim has arisen because of the negligence of Golden when supplying the Products.
2.8 These terms and conditions may be meant to be read in conjunction with Golden’s Hire Form, and where the context so permits, the terms ‘Products’ and ‘Services’ shall include any supply of Equipment, as defined therein.
2.9 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with the applicable Electronic Transactions legislation (as applicable in the relevant jurisdiction).
3. Errors and Omissions
3.1 The Client acknowledges and accepts that Golden shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
- (a) resulting from an inadvertent mistake made by Golden in the formation and/or administration of this Contract; and/or
- (b) contained in/omitted from any literature (hard copy and/or electronic) supplied by Golden in respect of the Services.
3.2 Where the Client is required to place an order for Products, the Client is responsible for supplying correct order information (including measurements and quantity) (“Client Error”). The Client must pay for all Products it orders from Golden notwithstanding Client Error and notwithstanding refusal to take Delivery. Golden may waive this right at its absolute discretion.
3.3 Where any alarm system/device/equipment/wiring/software/communication pathway has been supplied/installed/maintained/programmed/altered/serviced by a third party and Golden Electronics is engaged solely to provide monitoring services, Golden Electronics does not accept responsibility or liability for third-party information, defects, faults, misconfiguration, incompatibility, failure, activation/transmission/receipt failures, or third-party warranties/workmanship. The Client and/or installer is responsible for accurate commissioning details and confirming all devices/zones/signals/paths are operational with the Control Room prior to commencement. Monitoring does not constitute inspection/certification/verification/approval/acceptance. Nothing excludes rights that cannot be excluded under the Australian Consumer Law.
4. Change in Control
4.1 The Client shall give Golden not less than fourteen (14) days prior written notice of any proposed change of ownership and/or other change in the Client’s details. The Client shall be liable for any loss incurred by Golden as a result of failure to comply.
5. Specifications
5.1 The Client acknowledges and accepts that:
- (a) descriptive specifications/illustrations/drawings/data/dimensions/weights are approximate only and do not form part of this Contract unless expressly stated in writing; and
- (b) supply may be subject to availability and Golden may substitute comparable Products (or components) and vary the Price as per clause 6.2, notifying the Client and placing the order on hold until agreement is reached.
6. Price and Payment
6.1 At Golden’s sole discretion, the Price shall be either:
- (a) as indicated on any invoice; or
- (b) the Price as at the date of Delivery according to Golden’s current price list; or
- (c) Golden’s quoted Price (subject to clause 6.2) valid for the stated period or otherwise thirty (30) days.
6.2 Golden reserves the right to change the Price:
- (a) for variations to quotation/specifications/Extra Work including hidden/unidentifiable difficulties discovered upon delivery (e.g. non-compliant cabling, access limitations, safety issues including asbestos, etc.); or
- (b) due to increases in costs of materials/labour/transport/freight/storage/handling/insurance/regulatory charges/currency fluctuations beyond Golden’s control (to be detailed in writing and shown as variations on the invoice).
6.3 Variations will be detailed in writing and shown on the invoice. The Client must respond within ten (10) working days or Golden may add the cost to the Price. Payment for variations must be made in full at completion.
6.4 A reasonable non-refundable deposit may be required.
6.5 Time for payment is of the essence. The Price is payable on dates determined by Golden, which may include (without limitation) on/before delivery, progress payments, end-of-month + 30 days, invoice date, or otherwise 7 days after invoice.
6.6 Payment methods may include cash, cheque, bank cheque, electronic/on-line banking, credit card (surcharge may apply), or other agreed method.
6.7 Golden may allocate payments to any invoice at its discretion and may re-allocate on default.
6.8 The Client is not entitled to set off/deduct/withhold. Any dispute must be notified in writing within three (3) business days; the invoice remains due for the full amount until review completed. Non-payment may result in default interest per clause 18.1.
6.9 Unless otherwise stated the Price does not include GST. GST and other applicable taxes/duties are payable by the Client as required.
7. Delivery and Installation
7.1 Subject to clause 7.2 it is Golden’s responsibility to ensure Services start as soon as reasonably possible.
7.2 Commencement/completion dates may be extended where delayed by events beyond Golden’s control, including Client failures to make selections, have the Site ready, or notify readiness.
7.3 Where software is provided, Golden retains ownership and grants a licence. The Client must use software strictly per licence and must not modify/change/copy it.
7.4 Delivery is taken to occur when Golden (or its carrier) delivers to the nominated address, even if the Client is not present.
7.5 Delivery cost is payable as per quotation or otherwise notified prior to order.
7.6 Products may be delivered in separate instalments, invoiced and payable accordingly.
7.7 The Client must take Delivery when tendered.
7.8 Delivery times are estimates only; Golden is not liable for late delivery. If failure to supply is due solely to Client action/inaction, Golden may charge a reasonable redelivery/storage fee.
7.9 The Client must provide clear access to the Site on the installation date. Delays due to Client causes may incur additional fees.
7.10 Any telecommunications connection required will be arranged and paid for by the Client unless otherwise agreed in writing.
8. Client’s Warranties
8.1 The Client:
- (a) will provide mains power connection at the Client’s cost to enable installation/service;
- (b) warrants information supplied is true/accurate and acknowledges reliance by Golden;
- (c) acknowledges Golden has not warranted suitability/performance for the Site;
- (d) warrants they have not relied on any such representation/warranty;
- (e) warrants structures and electrical/plumbing infrastructure are suitable and compliant with applicable laws/standards; and Golden may delay Services if the Site is not safe;
- (f) acknowledges non-compliant systems may require repair/replacement at Client cost prior to Delivery.
9. Risk
9.1 Risk passes to the Client on Delivery and the Client must insure the Products on or before Delivery.
9.2 If Products are damaged/destroyed after Delivery but before ownership passes, Golden is entitled to insurance proceeds.
9.3 If Products are left for collection or delivered to an unattended location at Client request, they are left at Client’s sole risk.
9.4 Golden is only responsible for parts it replaces; subsequent failures of other components are indemnified by the Client.
9.5 Golden accepts no responsibility for installation damage where third parties have removed positioning references; placement then at Golden’s discretion.
9.6 Client must notify Golden of wiring repositioning; Client indemnifies Golden for additional costs.
9.7 Golden is not responsible for rubbish removal/clean-up unless agreed in writing.
9.8 If asbestos/hazardous materials are discovered, Golden may suspend Services; Client is liable for additional costs; removal (if agreed) is at Client cost.
9.9 Client indemnifies Golden for damage caused by other trades; rectification by Golden is a variation charged per clause 6.2.
9.10 Security systems/devices are for monitoring/detection only and do not guarantee prevention of loss/damage.
9.11 Client responsibilities include testing/maintenance, phone calls emanating from the panel, and keeping protected areas free of obstacles.
10. Access and Damage
10.1 The Client must ensure clear access and a safe working environment. Golden is not liable for Site damage unless due to Golden’s negligence.
10.2 The Client must advise of changed circumstances that affect safe Delivery.
10.3 Golden is not responsible for damage to cut/dug cabling by outside agents; additional Services may be charged.
11. Compliance with Laws
11.1 Both parties must comply with applicable laws.
11.2 The Client must obtain licences/approvals at the Client’s expense.
11.3 Work will be tested for electrical safety and comply with relevant wiring rules/standards.
12. Underground Locations
12.1 Prior to Delivery, the Client must advise and clearly mark all underground services.
12.2 Golden will take care to avoid damage, but Client indemnifies Golden for damage where services were not precisely located/notified.
13. Title
13.1 Ownership does not pass until the Client has paid all amounts owing and met all other obligations.
13.2 Non-cash payments are not deemed paid until honoured/cleared/recognised.
13.3 Until ownership passes, the Client is a bailee and must comply with conditions including returning Products on request, holding insurance proceeds on trust, not disposing except in ordinary course for value, and allowing Golden to enter premises to recover Products.
14. Personal Property Securities Act 2009 (PPSA)
14.1 Definitions apply as per the PPSA.
14.2 These terms constitute a security agreement and create a security interest in Products supplied and to be supplied, and proceeds.
14.3 The Client must sign documents/provide information to enable registration/correction, reimburse registration expenses, and not register competing interests without consent.
14.4–14.8 The Client waives certain PPSA rights/notices as set out in the Contract and must ratify actions taken under clause 14.
14.9 Nothing is intended to contract out of PPSA provisions except as expressly provided.
15. Security and Charge
15.1 The Client grants Golden a security interest by way of a floating charge over present and after-acquired assets to secure monies owed and/or permit receiver appointment.
15.2 The Client indemnifies Golden for costs (including legal costs on a solicitor and own client basis) in exercising rights under this clause.
15.3 If security is insufficient on default, the Client grants a charge enabling a caveat over real property/land to secure obligations.
16. Defects, Warranties and Returns (CCA)
16.1 The Client must inspect on Delivery and notify evident defects/shortage/failure within seven (7) days; other defects as soon as reasonably possible; and allow inspection.
16.2–16.3 Certain statutory guarantees may apply and are not excluded.
16.4–16.7 Subject to statutory guarantees, warranties are limited as set out, including section 64A limitations where applicable.
16.8 Returns are only accepted if notice given, Golden agrees Products are defective, returned within reasonable time (at Client cost if not significant), and in close-to-delivered condition.
16.9–16.10 Golden is not liable for defects/damage caused by misuse, poor maintenance, continued use after defect, failure to follow instructions, fair wear and tear, accident, or act of God; and returns required by law follow legal conditions.
17. Intellectual Property
17.1 Copyright in designs/drawings/documents created by Golden remains Golden’s property and cannot be used without written approval.
17.2 The Client warrants instructions will not infringe IP and indemnifies Golden for claims.
17.3 Golden may use created documents/designs/drawings/Products for marketing or competitions at no cost.
17.4 Documentation (including monitoring reports) is confidential and must not be reproduced/provided to third parties without approval.
18. Default and Consequences of Default
18.1 Interest on overdue invoices accrues daily at 2.5% per calendar month (and may compound monthly), before and after judgment.
18.2 The Client indemnifies Golden for recovery costs including legal costs, internal administration fees, contract default fees/recovery costs, and bank dishonour fees.
18.3 If a transaction is reversed, the Client is liable for the reversed amount and further costs where reversal is illegal/fraudulent/contrary to obligations.
18.4 Golden may cancel unfulfilled orders and all amounts become immediately payable if payment is overdue, credit limits exceeded, insolvency events occur, or a receiver/liquidator is appointed.
19. Cancellation
19.1 If either party breaches obligations, the other may suspend/terminate supply/purchase immediately by written notice.
19.2 If Golden cannot deliver due to reasons beyond control, it may cancel before delivery and repay monies paid; not liable for loss/damage from cancellation.
19.3 The Client may cancel by written notice within forty-eight (48) hours of order placement (deposit may still apply). Failure to accept Delivery otherwise is a breach.
19.4 Cancellation of made-to-specification/non-stock items is not accepted once production has commenced or order placed.
20. Privacy Policy
20.1 Recorded information held/used by Golden is Personal Information and Confidential Information. Golden acknowledges obligations under the Privacy Act 1988 (including NDB scheme) and, where relevant, EU data privacy laws including GDPR, including notification of eligible data breaches.
20.2 Cookies/tracking technologies may collect Personal Information including IP address/browser/email client details, website usage, and email reporting/engagement. Consent can be withdrawn via browser controls.
20.3–20.7 The Client agrees Golden may exchange certain information with credit providers/related bodies and CRBs for credit assessment, default notifications, creditworthiness checks and related purposes, including specified details in the Contract.
20.8 The Client may request access/correction of Personal Information and request no disclosure for direct marketing.
20.9 Golden will destroy Personal Information upon request or when no longer required, except where needed to fulfil obligations or required by law.
20.10 Privacy complaints can be made via email; Golden will respond within seven (7) days and aim to decide within thirty (30) days; escalation may be made to the OAIC.
21. Unpaid Seller’s Rights
21.1 If the Client leaves an item with Golden and monies owing remain unpaid, Golden has a lien and may retain or sell the item in accordance with applicable uncollected goods legislation.
21.2 The lien continues despite proceedings or judgment.
22. Service of Notices
22.1 Notices are deemed served when delivered in person, left at address, sent by registered post, sent by fax with confirmation, or sent by email to the last known email address.
22.2 Posted notices are deemed served in the ordinary course of post unless contrary is shown.
23. Trusts
23.1 If the Client acts as trustee/agent for a trust, the Client covenants that the Contract extends to trust indemnity rights and the Client has authority to enter the Contract, and will not take actions that prejudice indemnity rights, including specified trust events without consent.
24. Other Applicable Legislation
24.1 At Golden’s sole discretion, security of payment legislation may apply (by State/Territory as listed in the Contract) for disputes/claims for unpaid Services/Products.
24.2 Nothing is intended to contract out of those Acts except to the extent permitted.
25. General
25.1 Failure to enforce is not a waiver. Invalid provisions are severed without affecting remaining terms.
25.2 Governing law is the State/Territory where Products/Services were provided; disputes requiring court are subject to Tasmania courts where Golden’s principal place of business is located. These terms prevail over Client terms.
25.3 Golden may assign/licence rights/obligations without consent if no detriment to Client.
25.4 The Client cannot assign/licence without written approval.
25.5 Golden may subcontract; the Client cannot instruct subcontractors without authority.
25.6 Golden may amend terms for future contracts by written disclosure, effective upon Client acceptance or further request for Products/Services.
25.7 Force majeure applies for events beyond reasonable control (excluding Client payment obligations once the event ceases).
25.8–25.10 Both parties warrant authority/capacity and that obligations survive delivery; severability applies.
Part II – Service, Maintenance, Monitoring, Patrol, Alarm Response Services
26. Provision of Patrol Services
26.1 The Client acknowledges:
- (a) patrol services are shared; patrols may be late/missed due to high priority events or unforeseen circumstances; ongoing inability to complete agreed patrols exceeding 10% will be notified and adjustments/credits negotiated; and
- (b) any associated patrol services are charged additionally.
26.2 The Client will inform Golden of Site changes that may restrict patrol services or cause harm to patrol officers.
27. Golden’s Responsibilities
27.1 Golden agrees to use due care and skill to provide Services for alarm signals and/or recurring services selected by the Client.
27.2 Golden shall action alarm signals in accordance with the Client’s documented instructions and Golden’s Standard Operating Procedures.
27.3 No warranty is given that patrol response will be available at any time. Golden is not liable for loss/damage in connection with any response or absence of response.
27.4 Golden cannot guarantee emergency services response times or attendance.
27.5 Golden will retain archived security logs/recordings for seven (7) years, after which it will be destroyed unless otherwise requested.
27.6 Golden warrants compliance with ASIAL grading certification requirements and can provide evidence on request (as per conditions listed in the Contract).
28. Client’s Responsibilities
28.1 Prior to commencement of CCTV Services, the Client must ensure fixed IP (where applicable), supply correct modem credentials, ensure modem operational, and ensure modem supports required configuration (e.g. port forwarding).
28.2 The Client accepts that modem faults are not covered under warranty and that data/electrical charges and plan upgrades are the Client’s responsibility.
28.3 The Client must keep contact details and response requirements updated, maintain the alarm to manufacturer requirements, and provide keys/cards/codes/access as needed. Golden’s liability for loss of keys/cards etc. is limited to replacement cost or $5,000 (whichever is lesser).
28.4 Unclaimed keys/cards/codes/access controls may be destroyed after thirty (30) days following termination/expiration.
28.5 Voice codes/passwords/radio keys/security devices must be kept secure and shared only as reasonably required.
28.6 The Client cannot transfer the right to receive Services to any other party.
28.7 On termination, the Client must arrange alternative service if required and ensure panel is deprogrammed to stop reporting to Golden.
28.8 Golden is not responsible for communication costs post cancellation; signals received after termination will not be actioned.
28.9 Client pays costs associated with Police/Ambulance/Fire or other emergency services attending the Site.
29. Monitoring Services
29.1 Monitoring services include monitoring (including camera/video monitoring) of signals programmed into the Client’s system as per the Client Information Sheet.
29.2–29.4 Remote programming and remote arm/disarm may be performed; alarm responses are treated as Extra Work and charged at normal rates (subject to clause 29.11).
29.5 Golden will endeavour to action signals generally as described in the Contract (including duress/panic, hold up, fire/smoke, medical, system events).
29.6 If the Site is violated and the Client cannot be contacted, the Client authorises Golden to arrange guard attendance and/or temporary securing work as agent, with Client to pay as applicable.
29.7 The Client is entitled to one (1) false alarm response per calendar year; additional false alarms may be charged.
29.8 Calls to Golden may be recorded for lawful reasons including training/security/monitoring.
29.9–29.10 Where Golden acts as agent engaging third parties (e.g. locksmiths/glaziers), the Client must pay those invoices; disputes about third-party services are to be raised with the third party first.
29.11 Patrol response may be provided by independent contractors; fees vary and the Client agrees to pay/reimburse fees (including possible admin fee). Fees will be advised on request.
29.12 Monitoring may be suspended during communication failure between Site and monitoring centre; Golden’s obligations are suspended while the link is disrupted.
29.13 Cancellation of Services requires one (1) month written notice or payment of one (1) month charges in lieu.
29.14 Where the Client does not have a body corporate for monitoring/billing purposes, Golden is not responsible to notify the Client; this remains the responsibility of dealers/operators engaging Golden.
30. Special Conditions for CCTV
30.1 Golden may abandon remote view setup if unreasonable delays are caused by factors outside Golden’s control (e.g. router/modem compatibility, IT delays, unknown passwords, etc.).
30.2 Basic training for one (1) staff member for up to one (1) hour is provided if on Site at completion.
30.3 If existing cameras/wiring are faulty/inadequate, Golden may omit those items; full payment remains due.
30.4 Existing faulty equipment is not repaired for free; Golden may quote rectification.
30.5 Training and commissioning will not occur until final payment is made.
30.6 Additional training/technician visits not covered by warranty are charged at normal rates.
30.7 Unreasonable delays outside Golden’s control may incur additional charges.
30.8 Cameras require periodic cleaning by others.
31. Welfare Services
31.1 Client must ensure welfare devices are charged (minimum 24-hour battery life); low battery warnings at 20%.
31.2 Devices allow immediate assistance alert when required.
31.3 On SOS activation, device may provide voice communication, GPS positioning, and accelerated tracking as per the Contract.
32. Client’s Acknowledgements
32.1 Services may not prevent unlawful entry; loss/damage/injury/death may occur even where Golden’s obligations are satisfied.
32.2 Performance records/history/reports are issued direct to the Client unless stated otherwise.
32.3 The Client acknowledges call recording, that Golden’s employees are not required to carry out illegal duties, that Golden is not an insurer and Client should maintain prudent insurance, and that outages/communications disruption/network coverage limitations may affect monitoring of network-based devices/GPRS devices as set out in the Contract.