ADDRESS
- Address: 7 Seaside Parade, North Shore 3214
- Email: admin@geelongdataandsecurity.com.au
- Website: www.geelongdataandsecurity.com.au
- Tel/Mob: 03 5215 0449
Foreword:
GDS offer services & products and are wholly committed to providing quality products installed by suitably qualified technical staff. Please observe the following before engaging our services and in the event of a fault - claiming a warranty. Failure to properly identify a warrantable item may result in further costs to you.
"job" by definition means project, works undertaken, quote acceptance throughout this document
"GDS" by definition means any and all of the following throughout this document:
GDS
Allister Davidson T/As Geelong Data & Security
We do not provide advice in any way, all information supplied by GDS is to be taken on an opinion only basis and legal and/or professional advice should be taken where you see fit. We will not be held liable for any information being taken as advice. This includes but is not limited to:
Brand Suggestions and Selections
Materials Suggestions
Parts Suggestions
Methods and Procedures
1.1 The client will pay the technician on completion by Cash,
EFTpos, Credit Card or Direct Bank Deposit (EFT) unless the client holds
a trading credit account with our office.
1.2 Direct Bank Deposit payments will be accepted if the transaction
is completed while the technician is on site & a receipt is produced
however we do carry mobile POS devices to make payments easier.
1.3 Project works exceeding 2 weeks will have progress invoices sent
throughout the works every 7-14 days. These will be sent with a 7
day payment expectation.
1.4 GDS reserves the right to grant a 7 Day account to approved
clients at our discretion should the need arise.
1.5 GDS reserve the right to retain 50% of all deposits paid to them in
the event that a client cancels a job and/or dismisses GDS from a job after a deposit is made and goods
have been purchased. The deposit retainer will be 50% of deposit AFTER
any purchased materials are accounted for and any time
spent preparing works are also remunerated.
1.6 Un-paid subscriptions (such as CCTV VMS subscriptions, Alarm
Subscriptions) that lapse more than 28 days will be cancelled and
clients will be unable to use the services. This may result in
your premises being unprotected and/or notifications not being received.
1.7 Should the client delay or default in respect to any payment due,
GDS reserve the right to charge a late fee equal to 21% of the total
outstanding balance plus a $45 fee should the debt be referred to our
collection agent.
1.8 We are flexible with our terms if we are asked from the beginning
and we are contacted should difficulties arise, however it is our strict
policy that goods will be removed from premises should no attempt at
payment or contact be made beyond 28 days after invoice falls due. At
this time debt collection action will be taken without any further
correspondence. Our agent's fees are $45 PLUS 21% of any outstanding
balance.
1.9 Should goods need to be removed, a site visit fee of $350 is
payable to re-connect / re-supply goods on top of our hourly labour cost
to install those goods.
1.10 Un-paid accounts / accounts with un-paid late fees will not be
eligible for warranty repairs claims.
1.11 Any progress invoices sent during a project are not final invoices
and as such are not subject to the S009 statement clause, meaning any
works we have undertaken to date will not necessarily be deemed ACMA
compliant until final sign off. As such you agree to waiver the
statement we make on our invoices regarding such.
1.12 If a progress invoice remains unpaid during a project by more than
7 days, GDS reserve the right to halt works on an ongoing project. Such
a stoppage may impact on completion times and as such GDS will not be
held responsible and liable for such delays. Delayed payments may
also impede our ability to supply materials.
1.13 If 3 invoices in succession are paid late during a project GDS will
terminate the contracted works and all invoices will be immediately
payable. If payment is not receipted then GDS reserves the right
to remove all and any equipment on site as reimbursement. GDS will
not reinstate works once this has been initiated unless client agrees to
pay all remaining invoices plus an additional 15% fee on initial project
works as a re-engagement fee.
1.14 Quote prices are estimate only. Purchase orders lock in the
price of works excluding any variation requests and purchase orders.
The project contract price is determined by the Purchase Order
agreement and may differ from a quoted price due to exceeeding 30 days
quote price lock in or due to verbal requests and/or discussions.
1.15 Deposits made will cover some materials and administration costs
such as meetings, alteration preparations, etc. Once materials are supplied
they cannot be returned and are billed out at our supply rate. Once a
deposit is paid any goods purchased with the deposit will be supplied to
the client in the case a job is cancelled by the client.
2.1 All quotations supplied are in no way a final offer of our
services. We reserve the right to alter quotations if we find it
necessary to due to omissions on job scopes.
2.2 Any works requiring rectification work afterward i.e. making good on
any: holes, chasing, ceiling panel access or similar shall be remedied by
the client unless otherwise specified in our quotation.
2.3 Quotations are valid for a period of 30 days only - on most
occasions these can be extended however prices can vary for any number
of reasons - we reserve the right to refuse quotation acceptances after
30 days.
2.4 All quotations are provided on an as-is basis and are not to be
taken as professional advice. Should professional advice be required
before having works undertaken it is best to check that our quotation
addresses all your requirements.
2.5 Our quotations are based on scope of works required and are not to
be considered as engineered solutions. We are not a design
business and are only an installations service. You are urged to
have our solutions checked by a certified engineer in the applicable
field (e.g. structural engineer, mechanical, network, fire services
etc.).
2.6 It is assumed all current cable infrastructure in a client
premises meets all OHS and Australian Standards as well as regulations.
Should any infrastructure be previously installed that impedes access
for new cabling GDS may be unable to install new cabling in accordance
with client's wishes.
2.7 Cabling involving underground works can only be undertaken when an
open trench is supplied and backfilled by the client.
2.8 Any earthworks must be arranged by the client including the
arrangement of pipe and services identification using Dial B4 U Dig
service
2.9 By accepting our quote and subsequently engaging our services you
agree to all of our terms and conditions set out here in this terms and
conditions document. Acceptance of a quote and our terms is by either
Email acceptance, payment of a deposit or payment of a progress invoice.
2.10 All of our quotes exceeding a value of $2000 AUD including GST are
subject to a commencement deposit of no less than 30% of the quoted
total price. Deposits are to be paid by Bank Transfer or Credit Card.
Commencement of works at our discretion without receipt of a deposit are
not a waiver of this clause and a deposit is still applicable.
2.11 It is assumed clients will provide access to all work areas during
works. This includes providing free and easy access to ceiling
spaces, risers, confined spaces, under buildings and any space where
cabling is to be installed. If access to these areas are limited
and/or blocked then it's the client's responsibility to provide access
by means of making necessary panel access.
2.12 Unless specifically stated in client specs, we assume all relevant
information regarding works to be undertaken has been supplied to GDS by
the client. It is the client's responsibility to provide any relevant
drawings and measurements. This includes but is not limited to floor
plan dimensions, carpentry dimensions, ceiling height clearances,
air-conditioning vent locations, rack equipment width and depth, rack
dimensions. GDS will not be held liable for cabling installed in the
direct path of such equipment if the client fails to advise of such
obtrusion potential.
2.13 GDS do not provide 'As Built' drawings or similar unless requested
prior to quote. If client requires drawings after the fact then
these will be supplied at an additional cost to the client, if we agree
to complete such.
3.1 If your works have a scheduled completion date, this needs to be
passed on in writing and/or Email PRIOR to works commencing, failure to
provide a completion date may result in delays to your project and/or
handovers. Do not assume we can meet your deadline simply by stating
after commencement of a project that you have an expected finish date.
3.2 Work hours are assumed to be Monday to Saturday 8AM to 5PM unless
otherwise arranged. Restriction of hours may result in extension
of days on works.
3.3 Delays caused by client and/or client's third parties or client's
own clients may result in additional costs or delays to our completion.
We accept no responsibility should a project get delayed and in turn
our completion is delayed. This includes delays in deposits and
progress payments which result in a stop work.
3.4 It is expected that the client will provide all necessary dates
in writing or Email and keep GDS a up to date at all times on key dates.
We use a 'best practice' approach to our works and as such will make a
best effort to complete on times when delays have occurred however you
waive your rights to any claim if a delay occurs.
3.5 Failure to supply completion dates and/or a schedule of works
waives any client's rights to a claim for damages and / or loss should
our works over-run a client's scheduled completion - otherwise known as
liquidated damages or incidental damages.
3.6 If delays are expected client agrees to give GDS a minimum 48
hours notice. Should works be halted we reserve the right to bill for
financial losses incurred at our discretion.
3.7 Unless otherwise agreed by us in writing, we require 14 days'
notice of any completion deadline, failure to do so will not guarantee
our completion will coincide with your required completion.
Giving this notice does NOT guarantee we can meet your deadline and does
not form a binding agreement.
3.8 We are not responsible for any financial losses incurred if our
completion does not meet client's deadline. By engaging our services,
you waive your right to any claim to liquidated damages against GDS or
any of it's contractors, employees and/or it's director.
3.9 Covid has changed the way we do business. As a result, should
I or any of my contractors be tested as Covid Positive during works, we
must follow the Victorian mandated guidelines on isolation and/or
isolate per a work site's requirement to do so and/or take time to
recover if such illness stops us performing our work. This
means we will be unable to perform any works on a job site until we have
served that minimum mandated period. As such any time losses will
not be compensated for as this is a legal requirement beyond our
control.
3.10 Any mandated requirements introduced during a project may result in
delays of works. As such we are not liable for any such delays.
These maybe mandates such as local paperwork requirement, OH&S
procedures introduced, health advice mandates such as disease testing,
mask wearing, QR Code procedures etc.
4.1 The client shall inspect the Goods and, within14 days of
installation, give notice to Geelong Data & Security of any defect
evident, this excludes active work sites where other trades may have the
ability to damage goods at any time after they have been supplied and/or
installed, in this instance there is no period for defect.
4.2 If the client fails to give such notice in that time, the goods
shall be deemed to be in good condition & acceptable for the
installation.
4.3 The client shall inspect any project within 14 days of
installation, giving notice to GDS of any works which do not meet
expectation and/or specification documentation in order for
consideration of rectification. This includes but is not limited to any
sockets, cable and infrastructure supplied by us as well as test results
and certification tests.
4.4 If the client fails to give such notice (in 4.1, 4.2 and 4.3) in
that time, the project shall be deemed to be completed as per
requirement. Any rectification after such time will be billable at our
discretion and as per GDS's hourly charge out rate which is currently
$143.00 per hour per technician inclusive of GST.
5.1 GDS will not be responsible for faults/damages to any cabling or
parts installation which was not installed by it's own employees or
sub-contractors. This includes structured cabling systems.
5.2 We will not issue any TCA or relevant compliance if cabling
infrastructure was installed by any one other than GDS.
5.3 Tests results will be supplied where appropriate however any
faults are assumed to be due to previous installation of infrastructure.
5.4 Any defects found will be rectified as directed and costs will be
applicable on an agreed or hourly basis.
5.5 GDS assumes all previous installed infrastructure and/or components
meet minimum Australia Standards and are compliant with Australian
approval for use (i.e. C or A Tick compliance)
5.6 GDS assumes all previously installed infrastructure complies with
any state regulatory laws and / or rules. Where noncompliant
cabling exists on a premises and prevents us installing compliant
cabling we shall match cabling to existing standard attempting to keep
within the cabling provider rules AS009 in its current release.
5.7 GDS will not be responsible for time over run should faults be
found on previously installed infrastructure.
5.8 GDS expect that access to all work areas be provided by clients in
order to be able to meet installation guidlines setout by S009, failure
to do so cannot guarantee compliance 100%.
6.1 Any completion of a project is classed as a "practical
completion" only and any dates agreed upon by way of contract or other
such means will be deemed to be practical completion only. This
allows for any defect rectification works.
6.2 GDS will test all cabling at the completion of installation by
minimum of wire map for data cabling, tone testing for telephone cabling,
light testing for fibre cabling and tone testing for coaxial cabling
6.3 Clients have 7 days to raise any concerns over testing results,
after which time any claims are null and void.
6.4 Test results will be made available as soon as possible after
testing. These will be Emailed and are deemed to be accurate at time of
submission. GDS are not responsible for varying test results thereafter.
6.5 Any certification testing required must be outlined before
commencement of cabling and we must be provided with the manufacturer's
and/or supplier's specific testing regime and standards including but
not limited to: cable NVP, shielding testing requirements, screen
testing requirements, standards and class requirements, channel,
permanent link requirements. Default testing assumes copper AS3080
standard requirements only.
6.6 Test results will be submitted at end of works by raw and PDF
format. Copper testing by either Fluke Cable IQ file for non certified
test or by Fluke DTX/DSX file for all certification tests. Fibre
cabling test will be submitted by OTDR Fluke file.
6.7 All test results with a pass assume cabling complies with
installation including but not limited to certification testing.
6.8 Certification testing can be performed on request and additional
costs will apply subject to availability
6.9 OTDR fibre optic testing can be performed on request and
additional costs will apply subject to availability
6.10 Official completion of project work will be defined by 'hand-over'.
Hand-over is deemed to have occurred once final invoice is paid in full.
6.11 Failure to pay final invoice means hand-over cannot occur and in
turn any works completed are : A. Not warrantable, B: incomplete
and therefore are deemed to be 'works in progress' C: not subject to
compliance and regulations at that point as they are deemed to be
incomplete works.
6.12 Should a contract be terminated due to breach of progress payments
or final payment be delayed by 60 days or more then hand-over will be
deemed to not have occurred. After 60 days contract will be
terminated and hand-over will not occur.
7.1 GDS will endeavour to clean work areas to a general acceptable
standard during and after completion of works including vacuuming and
wiping down areas
7.2 Any work areas deemed to require repair such as access holes, man
holes, inspection holes, cores holes and similar will be made good by
the client or main contractor unless our quotation (as an itemised
line item) specifically states GDS will undertake such repairs .
7.3 Any furniture and fixture items in the way of the proposed works
must be moved by the client or risk damages and/or delays to your
project. We will move furniture if required but any time spent
moving furniture will be either A. billable and/or B. not factored into
time frame.
7.4 Where GDS undertake drilling through fire block materials (e.g.
gyprock fire rated walls, property dividing walls, etc.), GDS will fire
fill such penetrations using a fire rated sealant administered by
silicone gun, bean bag or combination there of. Final check must
be done by client and any concerns raised prior to GDS leaving site.
7.5 Any penetrations supplied and/or arranged by the client will be
made good by the client and not by GDS unless GDS have specifically
itemised this in its' quote or scope.
7.6 GDS reserve the right to invoice as variations any remedial works
that are not specifically itemised on its quotes, this includes coring,
drilling, making good, painting, patching and filling.
8.1 We do not warrant that project will function as intended or
envisioned or that the design professional has done its job correctly.
Any warranty shall be void if the total contract price is not paid in
full or if the work or materials supplied by contractor are abused, not
maintained, or modified in any way.
8.2 All warraties shall be for a period of 5 years for all cabling,
workmanship and all wall plates & fittings. As stated by the manufacturer - i.e. Telephone Handsets, Network
Hubs, Routers, Rack Units, Frames, etc. will be covered by manufacturer
warranty only.
8.4 Not transferable after sale of property / business
8.5 If GDS should cease trading withing the warranty period customer
waives right to warranty repairs.
8.7 Tenants employing GDS will not be able to transfer warranty to the
landlord or a new tenant.
8.8 Not transferable after sale of property / business.
8.9 Warranty deemed void should GDS close down, sell to new owners or
change hands for any reason.
8.10 Warranty deemed void should any cabling, patch panel, socket
and/or the likes be modified, removed or relocated by the client. GDS
cannot honour warranty repairs in such cases.
8.11 Tenants employing GDS will not be able to transfer warranty to the
landlord or a new tenant.
9.1 Faults caused by GDS's technicians working on pre-existing
cabling and any cabling suspected to be installed illegally or as
non-standard cabling and installed by other persons.
9.2 Inclement weather, fire, explosion, acts of God or other like
causes, interference from buildings, trees, transmitters, obstructions
etc.
9.3 Non payment of project balance and subsequent contract termination
9.4 Loose plugs or leads.
9.5 Breakage and/or damage of in place cabling during requested
cabinet change overs, relocations or alterations, including copper
cabling and fibre optical cabling. We cannot be held liable for these
types of damages as we cannot be in control of how these were initially
installed.
9.6 Other persons interfering with the cabling other than GDS's
technicians, including but not limited to rectification, removal and
relocation.
9.7 Damage caused to any hidden utilities caused by drilling into
concrete walls or floors.
9.8 Faults in the carrier network (e.g. before the Network Boundary).
9.9 Damage caused by renovations.
9.10 Faulty phone/data cords not supplied by us.
9.11 Pests/animals chewing on wiring.
9.12 Corrosion caused by moisture.
9.13 Pre-existing cabling or parts.
9.14 Damage caused to cabling installed around carpet edge. (This is
sometimes the only economical option to install a point in a desired
location).
9.15 Damage caused by moving furniture or belongings to gain access
for cabling.
9.16 Works and/or equipment that has been modified, removed, relocated
by anyone other than GDS including but not limited to sockets, cabling,
patch panels, switches, hub, alarm panels, keypads, speakers, TV
outlets and similar.
9.17 Other events beyond our control.
9.18 It will be at GDS's discretion as to whether or not a warranty
item is repaired, replaced or refunded for that component.
9.19 Damage, loss of connectivity, system downtime or a combination
there of deemed to have been caused by GDS's and/or it's contractors as
a result of unintended (read accidental) disconnection of client
cabling. Examples of unintentional may be; poorly maintained cable
management that results in a client's cable falling our of a rack or
rack equipment.
10.1 GDS will attempt to resolve any and all disputes as quickly as
possible and hopes none arise but recognises that disputes can arise.
10.2 Any and all disputes do not waive your obligation to paying your
invoice, invoices overdue during disputes can be sent to collection and
are still valid. A dispute in progress does not authorise invoice
delay. All invoices during any dispute are expected to be paid in full
by the due date.
10.3 GDS reserves all rights to settle disputes in a manner of their
choosing. This may be one or some of the following:
a. By full or part refund
b. By rectifying the dispute
c. A combination of A and B
10.4 If a project is terminated by client GDS will charge a
termination fee of 33% of the remaining project balance which client
agrees to settle.
10.5 GDS will not be held liable should the client engage another
contractor to rectify any perceived fault , dispute and/or damage unless
GDS is notified in writing prior to the rectification and GDS agrees
with such a resolution.
10.6 You waive your right to indemnifying GDS in any and all disputes
including termination of the contract,
including any right to liquidated damages.
10.7 Change of scope or client requests made during works are not
guaranteed to accepted by GDS. GDS reserves the right to refuse
works variations at any stage.
GDS RESERVES THE RIGHT TO CHANGE IT'S TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE