Terms And Conditions

These terms and conditions set out how you engage with Guarda Systems as your supplier. They explain how orders work, how pricing and payment are handled, what you can expect from delivery and warranty, and the obligations that apply to both parties. Please read them carefully. By placing an order with Guarda Systems, you agree to be bound by these Terms.

Application

Engagement

These Terms govern the supply of goods and services by Guarda Systems to you as the customer. They apply to every order unless we agree otherwise in writing. They supersede any prior understandings or communications on the same subject. If there is any inconsistency between these Terms and another document or communication, these Terms prevail unless we expressly state otherwise in writing. Any variation must be agreed in writing by Guarda Systems.

Our process in plain English

You contact us with your needs. We review your brief and issue a written quotation with scope, price, and indicative timeframes. If you accept, you issue a written purchase order or written instruction to proceed. We then schedule, manufacture or configure, and arrange delivery or performance. On completion or as milestones are achieved, we issue a tax invoice. You pay in line with the payment terms below. If something changes along the way, we work with you to agree on a written variation before doing the extra work.

Orders

All orders must be made in writing. By placing an order you accept these Terms. Orders may only be cancelled with our written consent. If you ask us to cancel and we agree, you must indemnify us for any cost, loss, or damage we incur because of that cancellation. You are liable for all orders placed by your employees or by an agent acting on your behalf.

Pricing and GST

Unless we expressly state otherwise, all prices are exclusive of Goods and Services Tax under the A New Tax System Goods and Services Tax Act 1999. If GST is payable, the amount you pay is increased so that after we remit the GST, we retain the original price. Written quotations are open for acceptance for thirty 30 days from the date of issue. If you do not accept within that period, we may vary the quote at our discretion.

How pricing works in practice

Prices are driven by scope, materials, complexity, and lead times. Your quote states what is included and the price for that defined scope. If your requirements change, or you request additions, we will price those separately and seek your written approval before proceeding. Cartage, special packaging, test reports, permits, and on site works are charged as stated in your quote or, if not stated, at our prevailing rates.

Terms of payment

You agree to pay every tax invoice within thirty 30 days from the end of the month in which the invoice is issued unless we state a different term on the invoice or in the quote. If any amount is not paid when due, then without limiting our other rights

Costs and interest

You must pay our costs and expenses of recovery on a solicitor’s own client basis. We may charge interest on any overdue amount at the rate of ten and a half percent 10.5 percent per month from the due date until the date of payment. We may suspend supply without notice. If you default on any payment, all amounts that would otherwise fall due later become immediately due and payable without further notice.

Credit facility

You may apply for a commercial credit account using our credit application form. We may grant, decline, suspend, or withdraw credit at our discretion and without notice.

Delivery

Unless we agree otherwise in writing, you are charged for cartage on all deliveries. Any delivery date or period we give is an estimate only. We will use best endeavours to meet estimated dates, but we are not liable for any loss or damage arising from failure to meet an estimate. You must accept delivery promptly and you are responsible for any storage, demurrage, and attempted delivery charges that arise if you do not.

Warranty and limitation of liability

We do not exclude any guarantees, warranties, or conditions that cannot lawfully be excluded under the Competition and Consumer Act 2010 or any other applicable law. To the extent permitted by law, all other warranties, guarantees, and conditions are excluded.

What we will do if there is a defect

Our liability arising from supply of goods is, at our election, limited to re supply of all or part of the relevant goods or a refund of an amount not exceeding the price you paid for the relevant goods. To the extent permitted by law, we are not liable for indirect or consequential loss or expense.

Passing of title and security interest

Title in the goods does not pass to you until we have received payment in full of all amounts you owe us. Any cheque or negotiable instrument is not treated as payment until cleared. Until title passes, you must not remove our labels or documentation affixed to the goods.

If payment is overdue, we may enter any premises where we reasonably believe the goods are located, using reasonable force if necessary, to repossess the goods. You grant us an irrevocable licence to do so and agree to indemnify us against liability to third parties arising from that repossession. We may sue you for the price whether or not the title has passed.

Until all amounts you owe are paid in full

Fiduciary obligations

You hold the goods as fiduciary trustee for Guarda Systems. You must store the goods separately so that they are readily identifiable as our property. You may only on sell in the ordinary course of your business, and if the buyer does not pay immediately, you must notify the buyer of our interest. Where you are paid, you hold the proceeds on trust for us in a separate account. You must keep proper records of any re-sale.

Personal Property Securities Act

The retention of title arrangement constitutes a purchase money security interest under the Personal Property Securities Act 2009. You must do all things we reasonably require to perfect that security interest. You must not enter into any arrangement that permits another person to have or register a security interest in the goods or their proceeds until our security interest is perfected. For goods not used predominately for personal or domestic purposes, to the extent permitted, the parties contract out of sections 95, 118, 121 4, 130, 132 4, 135, 142 and 143 of the Personal Property Securities Act, and you waive any rights you may otherwise have under that Act.

Risk and responsibility

Risk in the goods and all responsibility for theft, damage, or loss passes to you on delivery to you or on collection from our premises as applicable. From that point you indemnify us against claims arising from handling, transport, storage, display, installation, neglect, or use of the goods. Risk remains with you unless we retake possession under the provisions above.

Cancellation by you

Unless we agree otherwise in writing, you may not cancel an order we have accepted. If we agree to cancellation, any deposit already paid is forfeited unless we agree otherwise in writing.

Insolvency and default

We may terminate any unperformed part of our agreement with you by written notice if you breach these Terms, enter into any arrangement with creditors, commit an act of insolvency, or suffer any event of bankruptcy or winding up. We may also terminate if judgment is entered against you for more than twenty thousand dollars and remains unsatisfied or unappealed for twenty one days, or if we reasonably believe you are likely to fail to perform your obligations.

On termination, you must immediately deliver up any goods to which we retain title, failing which we may repossess them in line with the provisions above. We may declare all outstanding amounts immediately due and payable and claim damages for breach and legal costs on a solicitor’s own client basis. We are not liable for any loss you suffer as a result of termination.

Guarantee and indemnity

Where a director or other person has provided a guarantee, that guarantor is bound by the terms of the guarantee and indemnity provided to us for all amounts you owe and your performance of your obligations.

Further assurances

Each party must promptly do all things and sign all documents necessary to give full effect to these Terms and any transaction under them.

Assignment

We may assign our rights under these Terms to a successor or transferee at any time. Your rights and obligations continue in full force and are not affected by our assignment.

Force majeure

We are not liable for failure to perform our obligations due to causes beyond our reasonable control, including strike, lockout, shortage of raw materials, plant breakdown, transport or equipment failure, or similar events. If such an event continues for thirty 30 days, we will notify you in writing.

Governing law and jurisdiction

These Terms are governed by the laws of the State of Western Australia. Each party submits to the non-exclusive jurisdiction of the courts of Western Australia and any courts that may hear appeals from those courts.

Entire agreement

These Terms constitute the entire agreement between the parties on their subject matter and cancel all prior agreements, understandings, and negotiations on that subject. Any change must be in writing signed by all parties.

Waiver

A failure or delay by a party to enforce a provision is not a waiver of its rights. A waiver of any breach is not a waiver of any other breach. Any waiver must be in writing signed by the waiving party.

Severability

Each provision of these Terms is severable. If any provision is held to be invalid or unenforceable in any circumstance, that provision is deemed deleted to the extent necessary, and the remaining provisions continue to apply.

How we work with you

Experience, expertise, authority and trust

You can expect experienced technical advice, clear scopes, and workmanship that meets the specification. We document orders, variations, and test results where required. We comply with applicable standards and safety requirements. You agree to provide accurate information, suitable access, and any site inductions we need to perform our work safely and on time. Where third party approvals, permits, or certifications are required, we will identify these in your quote and either obtain them on your behalf or cooperate with you to obtain them, as agreed.

Service and support

If an issue arises after delivery, contact us as soon as possible with details. We will assess the issue promptly and, where a warranty claim is made within the warranty period and the law permits, we will remedy in line with the Warranty section above. If the issue falls outside warranty, we can quote for replacement parts, repairs, or service visits as needed.

Pricing clarity

Prices are stated before GST unless we say otherwise. Quotes are open for thirty 30 days. Labour rates, travel, cartage, and site costs are as stated in your quote or at our prevailing rates if not stated. If you request an urgent turnaround or an out of hours response, we will do our best to help and we may apply urgent or out of hours rates, which we will tell you about before you commit.

Communication

We keep you updated through order acknowledgement, estimated delivery advice, and invoice notifications. If a delay becomes likely, we will let you know promptly and work with you on a revised plan.