Terms of Service

TERMS AND CONDITIONS

1. General
   1. These Terms and Conditions constitute an entire agreement (Agreement) between 247 Local Services Pty Ltd (Company) and you, the customer (Customer).
   2. The Customer is taken to have accepted and to be immediately bound by this Agreement once the Customer accepts Quotation for the supply of Goods and/or Services.
   3. This Agreement is governed by the laws of the State of Queensland and the parties submit to the jurisdiction of the Courts of Queensland.
   4. If any provision of this Agreement is found to be unlawful, invalid or otherwise unenforceable, pursuant to any statute or rule of law, then the remaining provisions of this Agreement shall continue in full force and effect notwithstanding.
   5. These Terms and Conditions do not create a relationship of agency, partnership, joint venture or employment between the Customer and 247 Local Services Pty Ltd. Neither party has any authority to act for or incur any liability or obligation on behalf of the other party in any manner.
2. Definitions
   1. ACL means the Australian Consumer Law as contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth) applying as a law in Queensland.
   2. Customer means the person, persons or entity who orders the Goods or Services from 247 Local Services Pty Ltd, and includes that person’s or entity’s subsidiaries, affiliates, associated companies, successors or assignees.
   3. Due Date has the meaning given to that term in clause 3.6
   4. Goods includes locks, cylinders, keys, security hardware, door hardware, safes, access devices, electronic security components and other materials supplied or sold by 247 Local Services Pty Ltd to the Customer.
   5. GST has the same meaning as in the A New Tax System (Goods & Services Tax) Act 1999 (Cth), as amended from time to time.
   6. Order means the acceptance by the Customer of 247 Local Services Pty Ltd Quotation for the supply of Goods and/or Services.
   7. Quotation includes the price, GST and the scope of works.
   8. Services means all services provided by 247 Local Services Pty Ltd to the Customer, including but not limited to locksmith services, emergency lockout assistance, lock repairs, lock replacement, rekeying, key cutting, security upgrades, installation of security hardware and related services.
   9. Works means the scope of works as contained in the Quotation, which may be amended in writing, and includes Goods and/or Services.
3. Quotations and Payment
   1. Quotations that are provided by 247 Local Services Pty Ltd the Customer will be valid for 30 days from the Quotation date after which, they may be subject to change without notice.
   2. The price and scope of works in the Quotation will be binding on 247 Local Services Pty Ltd and the Customer, unless modified.
   3. 247 Local Services Pty Ltd reserves the right to amend any Quotation provided to the Customer where a site inspection has not been undertaken by 247 Local Services Pty Ltd.
   4. The Customer acknowledges that quotations for Goods and/or Services may be provided verbally, including by telephone or by the Company’s technician on arrival at the premises.
   5. Prices quoted for Goods and/or Services do not include GST, credit card surcharges, duties, levies or other government fees and charges, shipping and delivery costs, which are separate and additional costs and charges.
   6. The Customer agrees that acceptance of a verbal quotation constitutes acceptance of the Quotation and authorisation for the Company to proceed with the Works.Payment is not required before commencement of the Works unless otherwise agreed in writing.
   7. Payment in full is due immediately upon completion of the Works unless otherwise agreed in writing (Due Date).
   8. Payments made to 247 Local Services Pty Ltd by credit card will incur an additional surcharge of 2.8 per cent.
   9. If payment is not received by the Due Date, 247 Local Services Pty Ltd is entitled to charge interest on default of payment at a  reasonable commercial rate determined by the Company from time to time.

1. 1. Any delay in charging interest does not constitute a waiver of the right to do so.
   2. The Customer is liable for all reasonable expenses (including contingent expenses such as debt collection commission) and legal costs (on a full indemnity basis) incurred by 247 Local Services Pty Ltd for enforcement of obligations and recovery of monies due from the Customer to 247 Local Services Pty Ltd.
   3. Any payments received from the Customer on overdue accounts will be applied firstly to satisfy interest which may have accrued, to reasonable expenses and legal costs referred to in Clause 3.10, then to the principal sum.
2. Delivery and Supply
   1. 247 Local Services Pty Ltd reserves the right to cease supply of Goods and/or Services at any time if the Customer fails to provide  247 Local Services Pty Ltd with access to the premises, to facilitate 247 Local Services Pty Ltd performance of the Works, or to comply with 247 Local Services Pty Ltd  reasonable requests in relation to health and safety.
   2. If the Customer does not, or indicates to 247 Local Services Pty Ltd it will not take or accept delivery of the Goods or Services, then the Goods or Services will be deemed to have been delivered to the Customer. The Customer will be liable for any costs, charges and expense howsoever incurred by 247 Local Services Pty Ltd.
   3. No Order may be cancelled, modified or deferred by the Customer without the prior written consent of 247 Local Services Pty Ltd, If such consent is given at 247 Local Services Pty Ltd election, it is given subject to 247 Local Services Pty Ltd being reimbursed all losses, including loss of profits, and paid a reasonable cancellation fee, being not less than 20 per cent of the invoice price of the Goods or Services.
3. Property, Risk and Title
   1. Until full payment has been made for all Goods and Services, or any other sums in any way outstanding from the Customer to 247 Local Services Pty Ltd:

1. All sums outstanding become immediately due and payable by the Customer to 247 Local Services Pty Ltd if the Customer makes default in paying any other sums due to 247 Local Services Pty Ltd becomes bankrupt, or commits any act of bankruptcy, compounds with its creditors, has judgment entered against it in any court or, being a company, has a provisional liquidator, liquidator, receiver, receiver manager or administrator appointed, notwithstanding the provisions of any other clause in this Agreement;
2. All rights, title and interest in the Goods will not pass to the Customer and the Customer will hold the Goods and as bailee for  247 Local Services Pty Ltd returning the same to 247 Local Services Pty Ltd on request. The Goods shall nevertheless be at the risk of the Customer from the time of delivery or supply;
3. The Customer is only authorised to sell the Goods (or any portion of them) to third parties as the fiduciary agent of  247 Local Services Pty Ltd, provided that there shall be no right to bind  247 Local Services Pty Ltd to any liability to such third party by contract or otherwise. All payments (direct or indirect) received from such third parties by  247 Local Services Pty Ltd for the Goods (or any portion of them) shall be held on trust for 247 Local Services Pty Ltd pursuant to the fiduciary relationship;
4. In the event that the Customer incorporates or transforms the Goods (or any portion of them) into any other goods or products produced by the Customer (or third party) then the Customer must hold a portion of any payment (Relevant Proportion) received by the Customer for such goods or products on trust for  247 Local Services Pty Ltd. The Customer expressly acknowledges that the Relevant Proportion shall be equal to the dollar value of the Goods incorporated or transformed, and the Customer further acknowledges that any part payment (not exceeding the Relevant Proportion) received by the Customer for such goods or products is received as payment first for the Relevant Proportion; and
5. 247 Local Services Pty Ltd is irrevocably authorised to enter any premises where the Goods are kept, and to use the name of the Customer and to act on its behalf, if necessary, to recover possession of the Goods without liability for trespass or any resulting damage.

1. 1. In addition to any lien to which 247 Local Services Pty Ltd may, by statute or otherwise, be entitled, 247 Local Services Pty Ltd in the event of the Customer’s Insolvency, bankruptcy or winding up, be entitled to a general lien over all property or goods belonging to the Customer for the unpaid price of any Goods sold or delivered to the Customer.
   2. In the event of the Customer’s Insolvency, bankruptcy or winding up, the Customer consents to 247 Local Services Pty Ltd or its representatives to enter the Customer’s premises, without a requirement to give any notice, and without committing a trespass, to search for and remove any Goods, without in any way being liable to the Customer. 247 Local Services Pty Ltd may dispose of, or retain such Goods as 247 Local Services Pty Ltd fit, without being required to give notice or account to the Customer. If the Goods, or any of them, are wholly or partially attached to or incorporated in any other item, the Company may disconnect them in any way necessary to remove any of the Goods.
   3. The Customer indemnifies 247 Local Services Pty Ltd from and against all loss suffered or incurred by 247 Local Services Pty Ltd as a result of it exercising its rights under this Agreement.
   4. The Goods are entirely at the risk of the Customer from the moment of delivery to the Customer’s point of delivery or upon collection, even though the title to the Goods may not have passed to the Customer.
   5. The Customer must, at its own expense, maintain the Goods and insure them for the benefit of  247 Local Services Pty Ltd against theft, breakdown, fire, water and other risks as from the moment of delivery to the Customer and until title to the Goods has passed to the Customer.
2. Defects, Warranties and Returns
   1. Where the Customer is a consumer within the meaning of the ACL, the consumer guarantees will apply to this Agreement. 247 Local Services Pty Ltd makes no other warranties or representations in relation to the Goods and/or Services.
   2. Upon completion of the Works, the Customer must inspect the Works and notify 247 Local Services Pty Ltd within three (3) days of any defect, claim (including missing quantum) that the Goods or Services are not in accordance with the Quotation or Order. If the Customer fails to give such notice within the stipulated time, then the Works will be deemed to be in all respects in accordance with the Quotation or Order and the Customer will be deemed to have accepted the Works.
   3. Unless clause 6.1 applies, the Customer must not return any Goods to  247 Local Services Pty Ltd without obtaining prior written authorisation from 247 Local Services Pty Ltd and, unless a cancellation charge has been paid which, as determined by  247 Local Services Pty Ltd will indemnify 247 Local Services Pty Ltd against all loss, without limitation.
   4. If written authorisation has been provided by 247 Local Services Pty Ltd, the Goods must be returned at the Customer’s expense. The Customer will be responsible for all damage incurred during storage, transport and handling, howsoever incurred.

1. Force Majeure
   1. 247 Local Services Pty Ltd will be released from its obligations under this Agreement in the event of a national emergency, war, prohibitive governmental regulations, or if any other cause beyond the control of 247 Local Services Pty Ltd renders provision of the Goods or Services impossible.
   2. Any money due to 247 Local Services Pty Ltd for the supply of Goods or performance of Services shall be paid immediately and, unless prohibited by law, 247 Local Services Pty Ltd may elect to terminate the Agreement.
2. Failure to Act
   1. 247 Local Services Pty Ltd failure to enforce or insist upon the timely performance of any term, condition, covenant or provision of this Agreement, or Gem Insurance’s failure to exercise any right or remedy available under this Agreement or at law, or Gem Insurance’s failure to insist upon timely payment of monies when due, or to demand payment of any charges or fees which accrue under this Agreement shall not constitute a waiver of any subsequent default or a waiver of 247 Local Services Pty Ltd’s failure to demand timely payment of future obligations or strict compliance with this Agreement.
3. Limitation of Liability
   1. 247 Local Services Pty Ltd is not subject to, and the Customer releases 247 Local Services Pty Ltd from, all liability, including but not limited to incidental, indirect, general or consequential loss or damage, as a result of any delay in delivery or fault or defect in the Goods or Services.
4. Indemnities
   1. The Customer releases and indemnifies 247 Local Services Pty Ltd its officers, employees, consultants and agents from and against all actions, claims, proceedings and demands, which may be brought against them or 247 Local Services Pty Ltd, whether on their own or jointly with those indemnified, and whether at common law, in equity or pursuant to statute or otherwise, in respect of any loss, death, injury, illness or damage (whether personal or property, and whether direct or consequential, including consequential financial loss) arising out of a breach of warranties or obligations contained in this Agreement, including those brought by third parties.
5. Customer Authority
   1. By requesting locksmith services, the Customer warrants that: they are the lawful owner or authorised occupier of the property or vehicle, or are otherwise authorised to request the services,  and that they have the legal authority to request entry, modification, replacement or repair of locks or security hardware
   2. The Customer acknowledges that locksmith services may require: drilling, cutting, forced entry, modification of locks, doors or security hardware and the Customer expressly authorises such work where reasonably necessary to complete the requested service.
   3. The Customer acknowledges that locksmith services may involve drilling, cutting, forced entry or modification of locks, doors, frames, safes, ignition systems or other security hardware where non-destructive entry is not possible. The Customer accepts that such actions may result in damage to locks, doors, frames or related hardware and expressly authorises the Company to perform such work where reasonably necessary to complete the requested service.
   4. The Company may request identification or proof of authority before commencing work and may refuse service where such authority cannot be verified.
   5. The Customer indemnifies 247 Local Services Pty Ltd from any claim arising from false or misleading representations regarding authority to access the property or vehicle.