Terms and Conditions

        1. “Watchdog” shall mean Watchdog Security Group, or any agents or employees thereof.
        2. “Customer” shall mean the customer, any person acting on behalf of and with the authority of the customer, or any person purchasing goods and services from Watchdog.
        3. “Goods” shall mean all goods, chattels supplied by Watchdog to the customer and shall include any fee or charge associated with the supply of goods by Watchdog to the customer.
        4. “Services” shall mean all services provided by Watchdog to the customer and shall include without limitation the provision of all alarm monitoring services and supplies, patrol services, all charges for labour and work, hire charges, insurance charges, or any fee or charge associated with the supply of services by Watchdog to the customer. Each of the standard services offered by watchdog which are selected by the customer, shall be carried out in accordance with the specified details in the schedule of services.
        5. “Price” shall mean the cost of the goods or services as agreed between Watchdog and the customer subject to clause 4 of this contract.
        1. Any instructions received by Watchdog from the customer either verbally, by phone, email, or any other written instruction for the supply of goods and services shall constitute acceptance of the terms and conditions contained herein.
        1. The customer authorises Watchdog to collect, retain and use any information about the customer, or for the purpose of assessing the customer’s credit worthiness, enforcing any rights under this contract, or marketing any goods and services provided by Watchdog to any other party.
        2. The customer authorises Watchdog to disclose any information obtained to any person for the purposes set out in clause 3.1.
        3. Where the customer is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purpose of the Privacy Act 1993.
      4. PRICE
        1. Where no price is stated in writing or agreed to orally the goods or services shall be deemed to be sold at the current price as such goods are sold by Watchdog at the time of the contract.
        2. The price may be increased by the amount of any reasonable increase in the cost of supply of the goods or services that is beyond the control of Watchdog between the date of the contract and delivery of the goods or providing of the services.
      5. PAYMENT
        1. Prior to technical work proceeding, a 50% deposit of parts and estimated labour, or 100% of parts (whichever is greater), is required as acceptance of this proposal and any outstanding amount is to be paid within 7 days of completion of work. The customer acknowledges all equipment remains the property of Watchdog until paid for in full and authorises Watchdog or its representative’s access to this equipment until paid for in full.  Payment not received by the due date is likely to incur penalty interest on a daily basis on the amount outstanding at the rate of fifteen percent (15%) above the current base lending rate.
        2. Payments should be made to:
          Watchdog Security Group
          Bank Account 06-0413-0321136-00

          Please ensure you use your name and proposal number as a reference on any deposits made. In the event this proposal is amended, cancelled or terminated, any incurred costs to Watchdog may be recovered from any deposit made.

        3. Watchdog shall at the commencement of each month render a monitoring or other services invoice to the Customer and the Customer shall pay all fees within 7 days of rendering of the invoice. No fees paid during the term of this agreement shall be refundable to the customer, except to the extent which watchdog deems reasonable in the circumstances.
        4. Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.
        5. Any expenses, disbursements and legal costs incurred by Watchdog in the enforcement of any rights contained in this contract shall be paid by the customer, including any reasonable solicitor’s fees or debt collection agency fees.
        1. The customer accepts any additional work or materials required over and above the proposal to complete the work set out under the proposal will be charged to the customer, including the actual labour component of any proposal, required to complete the work.
        2. Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
        1. Monitoring or other service fees payable by the Customer hereunder may, on account of any variation in the costs of labour, materials, transport, or other costs, be varied by Watchdog, by giving one months notice in writing to the customer. This notice shall set the date from which the new fees shall be effective.
      8. AGENCY
        1. The customer authorises Watchdog to contract as principal or agent for the provision of goods or services that are the matter of this contract. Where Watchdog enters into a contract of the type referred to in this clause it shall be read with and form part of this agreement and the customer agrees to pay any amounts due under that contract.
      9. LIABILITY
        1. Watchdog Security Group will not be liable for any loss or damage that is outside the control of Watchdog Security Group employees, representatives, agents or contractors, or was caused by any action taken by a Watchdog Security Group employee, representative, agent or contractor reliant in good faith upon information supplied to them by the customer or their representatives.

          The customer accepts liability for additional costs of all materials and labour incurred (due to unforeseen circumstances or a change in customer requirements) that are over and above the cost outlined in this proposal.

        2. Watchdog expressly excludes liability for consequential loss or damage which may arise in respect of the provision of the equipment or services provided by Watchdog hereunder, or arising otherwise.
        3. Watchdog shall not be liable for and the Customer shall indemnify Watchdog, its servants, agents, or contractors in respect of all losses, claims, costs or damages suffered by Watchdog, its servants, agents, and contractors arising out of any default or negligence by the Customer.
        4. The Customer agrees that no claim or allegation shall be made against any servant, agent or contractor of Watchdog which attempts to impose any liability whatsoever in connection with the performance, manner of performance or non-performance of the companies obligations hereunder and if any such claim or allegation should nevertheless be made, to indemnify Watchdog and any such servant, agent or contactor against all the consequences thereof. It is hereby expressly agreed and declared that for the purposes of the Contracts Act 1982 all provisions limiting or excluding the liability of Watchdog herein contained shall be for the benefit of all servants, agents or contractors of watchdog.
        5. If notwithstanding the foregoing, watchdog shall be liable in law to the Customer in anyway, Watchdog’s liability shall be limited to the total amount of fees payable to watchdog under the term of this agreement.
      10. TITLE
        1. If electronic components (goods) are supplied as part of this agreement, title in the goods passes to the customer when the customer has made full payment for all goods supplied by Watchdog.
        2. Where the customer has not paid for any goods in its possession property is such goods shall remain with Watchdog and the goods shall be held by the customer as bailee; and
        3. If the goods are attached, fixed, or incorporated into any property of the customer, by way of any manufacturing or assembly process by the customer or any third party, title in the goods shall remain with Watchdog until the customer has made full payment for all goods, and where those goods are mixed with other property so as to be part of or a constituent of any goods, title to these new goods shall be deemed to be assigned to Watchdog as security for the full satisfaction by the customer of the full amount owing between Watchdog and the customer.
        4. The customer gives irrevocable authority to Watchdog to enter any premises occupied by the customer, at any reasonable time, to remove any goods not paid for in full by the customer. Watchdog shall not be liable for costs, damages or expenses or any other losses incurred by the customer or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever.
        1. The customer shall be deemed to have accepted the goods unless the customer notifies Watchdog otherwise within two (2) working days of delivery of the goods or the providing of services to the customer.
          No goods will be accepted for return by Watchdog without prior approval.
      12. WARRANTY
        1. Watchdog will only warrant goods to the extent of the supplier.
        2. This warranty refers to the goods installed by Watchdog and excludes misuse and negligence or any other cause beyond Watchdog’s control including lightning/power surges. Watchdog will not be obliged to honour any warranty where any other person has either directly or indirectly dealt with the products without Watchdog’s prior consent or the customer has not notified watchdog in writing about a potential warranty fault within two (2) working days of becoming aware of a potential warranty claim.
        3. Normal service/warranty hours are Monday – Friday 8:30am – 5:00pm except public holidays.
        4. After hours Technical phone support is available at $50 + GST per ½ hour.
        5. After hours callout is available at $135 + GST plus $95 + GST per hour.
        6. Phone support, callouts or time going into any part of a public holiday will incur a $300 public holiday fee plus GST plus $95 + GST per hour.
        7. Normal travel charges will apply.
        8. Employment law and Holidays Act 2003 are unavoidable; therefore warranty claims will also be charged at the above rates.
      13. DEFAULT
        1. If the Customer shall commit any breach of any provision of this agreement, from the date of such breach and so long as it continues, Watchdog’s obligations hereunder shall be suspended.
        1. This agreement may be terminated immediately by Watchdog by notice in writing to the customer if: (i) The customer fails to pay any moneys payable hereunder on due date or commits any other breach of the terms hereof; (ii) The Customer becomes bankrupt, goes into receivership or liquidation, or being an individual, dies.
        2. Upon termination hereof, all Watchdog’s obligations hereunder shall cease and Watchdog shall be entitled to repossess all equipment of which it is the owner and for that purpose to enter upon the Customer’s premises without being liable to the Customer or any third party in any respect of any loss or damage caused thereby.
        3. Any cancellation or suspension under clause 14.1 of this agreement shall not affect Watchdog’s claim for money due at the time of cancellation or suspension or for damages for any breach of any terms of this contract or the customer’s obligations to Watchdog under this contract.
        1. Neither the interests of the Customer under this agreement nor this agreement shall be transferred without the prior written consent of Watchdog, which may be withheld for any reason.
        1. This agreement contains the whole of the terms of the agreement between the parties hereto and all other terms, conditions and warranties which might otherwise have been implied by law or have had any application are hereby expressly excluded and all prior agreements, arrangements or understandings between the parties shall be deemed to be cancelled from the date hereof.
      17. NOTICES
        1. Any notices given under this agreement shall be signed by or on behalf of the party giving such notice and shall be served by delivering the same or forwarding the same by ordinary prepaid post to the registered office or usual or last known address of the party to receive it, and any such notice shall be deemed to be duly served on the date of such delivery or on the third day after the date of its posting by ordinary prepaid post.
        2. The Customer shall advise Watchdog in writing as to any changes to the detailed information contained in the schedule of services at least forty eight (48) hours prior to such changes becoming effective.
      18. VARIATIONS
        1. No variation of the terms of this agreement shall be binding on Watchdog or the Customer unless in writing signed by or on behalf of both parties.
        1. The terms and conditions set out herein apply to all quotations given by Watchdog and shall be deemed to be incorporated in and form part of all agreements made with Watchdog.
        1. Watchdog shall not be liable to the Customer for any failure to carry out its obligations hereunder or for any loss or damage suffered by the Customer where such failure or such loss or damage is caused by mechanical breakdown of any equipment, weather conditions, strikes, lockouts, labour disputes or restraint of labour, act of God, war (whether declared or not), any act, restriction or regulation imposed by Government, riot or civil commotion, any act or omission by the Customer, its servants or agents, or any cause beyond the control of Watchdog.
        1. If at any time Watchdog is unable to obtain or retain the necessary rights and privileges for the transmission of signals between the Customer’s premises and Watchdog central station or Watchdog equipment at any other location, the service may be terminated and such termination shall not give any rise to any claim by the customer against Watchdog.
        2. The customer acknowledges that the transmission facilities are provided by communication companies that are outside the control of Watchdog.
        1. The customer shall not assign all or any of its rights or obligation under this contract without the written consent of Watchdog.
        2. Watchdog shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
        3. Failure by Watchdog to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Watchdog has under this contract. The law of New Zealand shall apply to this contract except to the extent expressly negated or varied by this contract.
        4. Where the terms of this contract are at variance with the order or instruction from the Customer, this contract shall prevail.
        5. If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
        6. Any dispute between the parties is to be dealt with in accordance with the Arbitration Act 1996.
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