ASSA ABLOY AUSTRALIA PTY LIMITED

ACN 086 451 907

INSTALLATION TERMS OF SERVICE (“Terms of Service”)

Definitions

In these Terms of Service:


1. Any word, term, or phrase which is defined in the Terms and Conditions of Trade has the same meaning in these Terms of Services unless the contrary intention appears.
2. Agreement has the meaning given to it in the Terms and Conditions of Trade and includes:
   1. These Terms of Service;
   2. Any Order Confirmation as defined in clause 1.19 hereof; and
   3. Any warranty which exists with respect to the Goods.
3. ASSA ABLOY means ASSA ABLOY Australia Pty Ltd (ACN 086 451 907), its successors and assigns or any person acting on behalf of and with the authority of ASSA ABLOY Australia Pty Ltd.
4. Australian Consumer Law refers to Schedule 2 of the Competition and Consumer Act 2010 (Cth).
5. Authority includes a statutory corporation, government instrumentality, local council, water/drainage or fire regulatory or health or safety authority, Owners Corporation, Community/Neighbourhood Association or other person having a regulatory function, jurisdiction, ownership or control over the Premises or with respect to the Premises.
6. Business Day has the meaning given to it in the Terms and Conditions of Trade.
7. Customer has the meaning given to it in the Terms and Conditions of Trade.
8. Contractor means an Accredited Service Agent as appointed by ASSA ABLOY, or any other Person which ASSA ABLOY may retain from time to time to deal with, deliver, install or otherwise provide the Goods or Services.
9. Date of Supply means the date at which the Services were first supplied by ASSA ABLOY.
10. Document(s) means and includes approvals, specifications, drawings, outlines, emails, letters, file notes, memoranda and proposals.
11. Goods means any goods supplied by ASSA ABLOY to the Customer as part of the Services or at the Customer’s request from time to time.
12. Installation Warranty means the Express Warranty defined in clause 22 of Schedule 1 of these Terms of Service.
13. Installation Warranty Period means a period of up to 24 months from the Date of Supply.
14. Invoice(s) has the meaning given to it in the Terms and Conditions of Trade.
15. Law(s) shall mean and include any Federal, State or Local Acts, Regulations, By-Laws, Codes of Conduct, Ministerial Orders etc. and, for the avoidance of doubt, shall include any local laws, regulations or ordinances that apply in the State, Territory or municipality in which the Premises are situated and in which the Services are to be performed.
16. Lock Installation Services means the services provided or work done by ASSA ABLOY or its Contractors for the Customer in relation to installing, fitting or affixing the goods specified in the Order Confirmation.
17. Person(s) includes individuals, companies, partnerships or trusts.
18. Premises shall mean the land, property, building, site, location or premises where the Services are to be provided.
19. Order Confirmation(s) means the online order form located on ASSA ABLOY’s website by which Customers order Yale, Lockwood and Whitco branded locks with Lock Installation Services.
20. Relating to or in relation to includes arising out of, incidental to, affecting or in any way connected with.
21. Services has the meaning given to it in the Terms and Conditions of Trade and includes the Lock Installation Services and any services performed by a Contractor retained by ASSA ABLOY.
22. Terms and Conditions of Trade means the ASSA ABLOY’s Terms and Conditions of Trade as amended from time to time.
23. Terms of Service means these terms of service as amended from time to time.

Acceptance

1. ASSA ABLOY’s Terms and Conditions of Trade shall apply and form part of any Agreement and any sale and supply of Services by ASSA ABLOY to the Customer.
2. To the extent of any inconsistency between these Terms of Service and the Terms and Conditions of Trade, these Terms of Service shall apply.
3. These Terms of Service:
   1. May only be amended with the written agreement of ASSA ABLOY and the Customer; and
   2. Shall prevail to the extent of any inconsistency with any other document or agreement between ASSA ABLOY and the Customer, whether made orally or in writing, unless such document or agreement is in writing and expressly amends, varies or overrides these Terms of Service in accordance with clause a).

Scope of Services

1. The scope of Services includes only such services and/or work and/or goods as expressly specified in the Order Confirmation or any Invoice, unless otherwise varied or agreed between ASSA ABLOY and the Customer in writing.
2. ASSA ABLOY shall be entitled to charge further fees and/or costs for any additional Goods or Services, where any such additional Goods or Services and the additional fees or costs have been agreed to by the Customer. ASSA ABLOY is otherwise under no obligation to provide any such additional Goods or Services.

Authority

1. ASSA ABLOY is, during reasonable times agreed with the Customer, authorised to:
1. Access and work in the Premises;
2. Give any lawful direction in relation to the Premises including in relation to the performance of the Services or the safety of its employees, contractors or agents.

Access

1. The Customer shall ensure that ASSA ABLOY has clear and free access to the Premises during the agreed reasonable times to enable ASSA ABLOY to provide the Services. ASSA ABLOY shall not be liable for any loss or damage to the Premises unless such loss or damage arises due to the negligence of ASSA ABLOY.
2. The Customer warrants that it has obtained all necessary permissions from any Authority whose consent or permission is required for ASSA ABLOY to have unimpeded access to the Premises during the agreed reasonable times in order to provide the Services.

Customer Obligations

1. The Customer shall:
1. Specify in writing any and all of its requirements relating to the Services;
2. Promptly reply to all requests by ASSA ABLOY for information or instructions;
3. Cooperate with ASSA ABLOY in the completing of the Services and shall not do anything to obstruct, prevent or restrict the timely and efficient provision of the Services;
4. Do all things and sign all documents necessary to allow ASSA ABLOY unimpeded access to the Premises during the agreed reasonable times in order to provide the Services; and
5. Pay, in accordance with clause 8, all amounts owed, due or payable to ASSA ABLOY under the Agreement.

Latent Defects

1. The Customer warrants it is not aware of any latent defects in the Premises that would prevent or restrict the performance of the Services.
2. Where there are any such latent defects, ASSA ABLOY will be entitled to any extensions of time reasonably required to perform the Services.
3. Where, in the reasonable opinion of ASSA ABLOY, such latent defects make the provision of the Services unreasonably difficult, not commercially viable for ASSA ABLOY or otherwise impossible or impractical, ASSA ABLOY will be entitled to terminate the Agreement to provide the Services.

Payment

1. Unless otherwise agreed in writing, the Customer must pay for the Services and any related Goods at the time they submit an Order Confirmation.
2. Payment must be made in the amounts and in the manner described in the Order Confirmation, any Invoice, these Terms of Service, and the Terms and Conditions of Trade (in that order of priority).
3. Receipt by ASSA ABLOY of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and received by ASSA ABLOY.

Title

1. As provided for in the Terms and Conditions of Trade.

Delay

1. ASSA ABLOY shall not be liable for any delay or failure in performing the Services caused by any event beyond its reasonable control including, without limitation, strikes, riots, storms, floods, earthquakes, fires, explosions, acts of God, war, governmental action, epidemic or pandemic. In those events, the time for performance of the Services shall be extended as reasonably required by ASSA ABLOY.

Default and Consequences of Default

1. As provided for in the Terms and Conditions of Trade.

Limitation of Liability

1. To the maximum extent permitted by the law, ASSA ABLOY’s liability will be limited, at its own option and cost, to:
1. supplying the Services again; or
2. Paying the cost of having the Services supplied again.
2. To the maximum extent permitted by the law, ASSA ABLOY shall have no greater liability than the above in relation to the Installation Warranty or the supply of the Services.

Termination

1. Notwithstanding anything contained in these Terms of Service, ASSA ABLOY may terminate the Agreement without notice:
1. If ASSA ABLOY is no longer able to provide the Services; or
2. Otherwise in accordance with the Terms and Conditions of Trade.

Suspension

1. In the event of any breach of the Agreement by the Customer, ASSA ABLOY shall, without prejudice to any other rights or remedies that are available to it, be entitled to suspend the Services (or any part of the Services) until such time as the breach is rectified. In these circumstances, the Customer shall be liable for any damage or delay arising out of such suspension.

Confidentiality

1. Any Documents provided by ASSA ABLOY to the Customer shall be treated as confidential by the Customer and shall not be disclosed to any third party except as required by law or as necessary to complete the Services.
2. The Customer shall do all things necessary to ensure the protection and confidentiality of any Documents.

Privacy

1. ASSA ABLOY requires the full name, company name (if applicable), address, phone number and email address of the Customer in order to provide the Services. The personal information of the Customer will be used and disclosed to its Contractors in order to supply the Services. Without the Customer’s personal information, ASSA ABLOY may be unable to provide the Services.
2. ASSA ABLOY may add the Customer’s details to its database for the purposes of this Agreement and any Installation Warranty claims thereunder, as well as to send the Customer ASSA ABLOY’s newsletter and other material from time to time, unless the Customer advises ASSA ABLOY that they no longer wish to receive such material.
3. ASSA ABLOY does not actively disclose Customer’s personal information to overseas entities. However, ASSA ABLOY may store such information on backup servers located overseas. ASSA ABLOY’s overseas storage of Customer’s personal information is compliant with applicable privacy laws, including the General Data Protection Regulations of the European Union
4. ASSA ABLOY’s privacy policy contains information about how Customers may access their personal information and seek its correction, if necessary. It also details how to complain about an alleged breach of the Australian Privacy Principles and how ASSA ABLOY will deal with such a complaint. The privacy policy can be viewed without charge here.
5. ASSA ABLOY Contractors must, comply with ASSA ABLOY’s privacy policy and all applicable privacy laws and only use and disclose Customers’ personal information as necessary to provide the Services.

Compliance with Laws

1. The Customer and ASSA ABLOY shall comply with the provisions of all Laws that may be applicable to the Services.
2. The Customer shall obtain (at their own expense) all approvals that may be required from any owner or Authority of the Premises.

No Waiver for Delay in Enforcement

1. The failure by a party to enforce any provision of these Terms of Service shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision.

Interpretation and Severance

1. If any provision of these Terms of Service is invalid, void, illegal or unenforceable then it shall be read down until it is valid, legal or enforceable. If it cannot be so read down, then it shall be severed. The severance of any provision shall not, as far as is possible, affect, prejudice or otherwise impair the validity, existence, legality or enforceability of the remaining provisions.

Applicable Law

1. These Terms of Service and any contract to which they apply shall be governed by the laws of the State of Victoria and are subject to the jurisdiction of the courts in that State.

Freedom to License or Sub-contract

1. ASSA ABLOY may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.

SCHEDULE 1 – INSTALLATION WARRANTY PROVISIONS

Installation Warranty

1. Subject to the limitations and exclusions set out below, ASSA ABLOY guarantees that the Services will be provided in accordance with the Australian Consumer Law, including that they will be:
1. rendered with all due care and skill; and
2. reasonably fit for any purpose, or the achievement of any result, which the Customer makes known to ASSA ABLOY upon submitting an Order Confirmation.
2. The Installation Warranty described in clause 22.1 exists in addition to any other Warranty ASSA ABLOY may provide in relation to other Goods or Services which ASSA ABLOY supplies. For the avoidance of doubt, this Installation Warranty does not override, alter, replace or vary the interpretation of any other Warranty provided by ASSA ABLOY in respect of any Goods supplied by ASSA ABLOY. This Installation Warranty only applies with respect to the Services as described in clause 1.21 of these Terms of Service.
3. This Installation Warranty is offered by ASSA ABLOY only and not by any Contractors, as described in clause 1.8 of these Terms of Service, which ASSA ABLOY may retain to supply the Services from time to time.
4. 22.4. This Installation Warranty will not apply with respect to:
   1. any fair wear and tear that could be reasonably expected to occur through ordinary use; or
   2. any damage, fault or failure caused by improper or unreasonable use, where such use was not clearly disclosed to ASSA ABLOY upon submitting an Order Confirmation.

Claiming on the Installation Warranty

1. All claims under the Installation Warranty defined in clause 22 must be submitted to ASSA ABLOY before the expiration of the Installation Warranty Period in accordance with the following process:
1. Customer’s claiming under the Installation Warranty must first contact the ASSA ABLOY’s Australian Customer Service Department at the contact details specified in clause 24.1 to:
1. Provide ASSA ABLOY with details of the claim on the Installation Warranty;
2. Organise to provide ASSA ABLOY with proof of original purchase; and
3. Obtain a Case Number (the issuance of which by ASSA ABLOY is not acceptance of the Installation Warranty claim).
2. ASSA ABLOY will assess any claim you make on the Installation Warranty and if, in ASSA ABLOY’s reasonable opinion, the Installation Warranty applies, ASSA ABLOY will at its own option and cost either:
   1. supply the Services again; or
   2. pay the cost of having the Services supplied again.
3. ASSA ABLOY or its Contractors will take reasonable steps to assess whether the Installation Warranty applies to a claim before attending the Premises. In some circumstances, it may not be possible to determine whether the Installation Warranty applies without attending the Premises. If the Installation Warranty does not apply for any reason including but not limited to the reasons specified in clause 22.4, then the Customer will be liable for the cost of any attendances ASSA ABLOY or its Contractors make on the Premises pursuant to this clause. The cost of such an attendance will be a callout fee of $150 + GST plus any replacement parts, unless otherwise specified by ASSA ABLOY in the Order Confirmation.
4. To the maximum extent permitted by the law, ASSA ABLOY shall have no greater liability than the above in relation to this Installation Warranty or the supply of the Services.

Australian Consumer Law Requirements

The Australian Consumer Law also requires ASSA ABLOY to state, in relation to the Installation Warranty, that:

1. ASSA ABLOY gives the Installation Warranty and the name, address, telephone number and email address of ASSA ABLOY are:
   ASSA ABLOY Australia Pty. Ltd.
   ACN 086 451 907
   235 Huntingdale Road, Oakleigh, Victoria 3166
   Email: 1300warranty@assaabloy.com
   Tel: 1300WARRANTY (1300 9277 2689)
2. ASSA ABLOY’s Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, the Customer is entitled:
   1. To cancel their service contract with ASSA ABLOY; and
   2. To a refund for the unused portion, or to compensation for its reduced value.
3. The Customer is also entitled to choose a refund or replacement for major failures with Goods. If a failure with the Goods or Service does not amount to a major failure, the Customer is entitled to have the failure rectified in a reasonable time. If this is not done, the Customer is entitled to a refund for the Goods and to cancel the contract for the Service and obtain a refund of any unused portion. The Customer is also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Goods or Service.