1. All and any business undertaken by Arc AUTOMATION, SECURITY & ELECTRICAL LIMITED, its agents, sub-lessees or sub-contractors is transacted subject to the conditions hereinafter set out and each and every condition of any agreement between the Company and the Customer.
2. In these General Conditions of Monitoring Service the expression "the Company" shall mean Arc AUTOMATION, SECURITY & ELECTRICAL LIMITED and its agents, sub-lessees or sub-contractors. The expression "the Customer" shall mean the Customer described in the Company’s Alarm Monitoring Service Agreement form and the Client described in the Company’s Request for Alarm Monitoring Services form. The expression "the Agreement" shall mean this Alarm Monitoring Service Agreement, which also includes the provisions contained in the Request for Monitoring Services form and these Conditions and any alterations made thereto pursuant to Condition 4 hereof. The expression "the Monitoring Service" shall mean the Alarm Monitoring and other Services as specified in the Company’s Client Request for Services form.
3. Except as provided in Condition 4 hereof no servant, agent or representative of the Company is authorised to make any representations, statements, warranties, conditions or agreements not expressly set forth in the Agreement and the Company is not in any way bound by any of them nor can any be taken to form part of a contract with the Company collateral to the Agreement.
4. No variations of the Agreement will bind the Company unless in writing and signed by the Company's Manager.
5. The charges in respect of the Monitoring Service shall be paid on the first day of the month in which the Monitoring Service was invoiced. All payments due from the Customer to the Company shall be made payable to Arc AUTOMATION, SECURITY & ELECTRICAL LIMITED. If at any time payment from the Customer to the Company shall be in arrears, the Company shall not be bound to perform any of its obligations listed herein and shall not be under any liability to the Customer during such period.
6. The charges of the Company in respect of the Monitoring Service provided have been based on wages and conditions of employment enjoyed by employees of the Company, costs of parts and accessories and all other materials used in the provision of the Monitoring Service prevailing at the date hereof, and not withstanding anything contained herein, the Company may increase fees payable above, to meet increases on operating and other costs by giving notice in writing to the Customer, stating the amount of the increase and the date (being a date not earlier than one calendar month from the date of service of the notice) from which the increase shall be effective.
7. Notwithstanding anything otherwise contained in these conditions and subject at all times to the fullest extent permitted by the provisions of the Consumer Guarantees Act 1993 ("The Act") or otherwise implied by Law: The Company shall not be liable for or in respect of any loss or damage suffered by the Client arising out of or incidental to: The failure of the Customer to comply with the Agreement, riot, civil commotion, strikes, lockouts, trade or union disputes, labour disturbance, and acts of malicious persons, stoppage or restraint of labour from whatever cause, mechanical accident, breakdown or failure of any nature, electrical power failure, Telecom line failure, reduction in voltage, or interruption of any source of power or energy by any cause, fire, wind, storm, vehicle impact, of aircraft impact, earthquake, flood, lightning or any other inevitable accident, any other causes whatsoever outside the reasonable control of the Company.
8. In addition to the provisions of Clause 7 hereof it is understood and accepted between the parties hereto: That the Company is not an insurer and that any insurance will be obtained by the client at his own cost. That the fee payable as set out above is based solely on the value of the Monitoring Service provided and is unrelated to the value of the Customer’s property or the property of the others located in the Customer’s premises.
That the Company does not represent that the Company's Control System or the connecting Telecom lines may not be circumvented or will in all cases carry out the function for which each was designed. That should the Company notwithstanding the provisions of Conditions 7 hereto and the foregoing provisions be found liable for any loss or damage sustained or suffered by the Customer whether such a loss or damage arises from the breach of the Company of any contractual or statutory provision or is due to or arises from any negligence or act of commission or omission on the part of the Company, its servants or agents in any respect the liability of the Company hereunder and at Common law shall be limited to a sum not exceeding $500.00 (which shall include legal costs) in respect of the aggregate of all claims .
9. The Customer shall notify the Company of any proposed structural alteration to the premises. Any alteration to the monitoring equipment control system, which may thereby become necessary, shall be carried out at the expense of the Customer.
10. If at any time the Company is unable to obtain or retain the necessary rights or privileges for the transmission of signals between the Customer's premises and the Company's monitoring service provider the Monitoring Service may be terminated and such termination shall not give rise to any claim by the Customer against the Company.
11. Notice of any claim by the Customer against the Company must be given by the Customer to the Company within 48 hours of the day upon which the existence of such claim came or should come to the knowledge of the Customer and such notice shall state the amount (as best as can be ascertained), nature and grounds of the claim and in default of such notice the Customer shall be deemed to have waived and abandoned completely any such claim. Moreover, any such claim shall not after the expiration of the time stipulated for such notice be allowed or admitted. Time shall be strictly of the essence of this condition. This Agreement shall be governed and construed in accordance with the laws of New Zealand and any action or proceedings against the Company shall be brought in the New Zealand Courts and not elsewhere within twelve months of the date of the occurrence giving rise to the action or proceedings any rule of law to the contrary notwithstanding.
12. The Monitoring Service shall commence from the agreed date and shall continue thereafter to cover a full period as shown on page one, if either party shall desire to terminate the Monitoring Service at the expiration of such period, the party so desiring shall give at least one calendar month's notice in writing of the other party and the Monitoring Service shall expire at the expiration of the said period; if no such notice be given then the Monitoring Service shall continue for successive periods as shown on page one until terminated in the above manner.
13. The Company reserves the right to inspect any alarm installation requiring connection to its monitoring system to ensure compliance with relative NZ Standards and level of specification.
