In these Terms and Conditions:
“Company” means RACV Security Pty Ltd ABN 49 079 148 342, trading as RACV Home Security, Security Licence (Vic.) 733-411-10S and Security Registration (Vic.) 733-411-31S.
“Effective Date” means the date on which the Member pays the deposit for installation in accordance with section13
“Equipment” means Home Security equipment supplied by the Company under this Monitoring Contract.
“Member” means the person, or company to whom this agreement is addressed.
“Equipment” means the home security monitoring equipment supplied by the Company under this agreement.
“Monitoring Station” means the Company’s station which monitors alarm signals.
“Maintenance” means the maintenance of home security equipment in accordance with Australian Standards.
“Monitoring” means monitoring of alarm signals subject to the terms and conditions described herein, and actioning of alarm signals.
“Multi-Activation Intruder Alarm Event” is defined as receipt of two or more intruder alarm signals by the Monitoring Station for the monitored premises within a 15 minute period, which is not cleared by either disarming of the security system or verbal advice from either the member or an authorised contact.
‘Metropolitan Melbourne” means such areas or postcodes as determined by RACV from time to time, having regard to the Metropolitan & Outer Suburban Taxi Zones contained in the Melway Greater Melbourne Street Directory from time to time.
“Nominated Regional Centres” are defined as the urban areas of Geelong, Ballarat, Bendigo, Mildura, Wodonga, Shepparton, Warragul, Traralgon and Sale and other areas nominated by the Company from time to time.
“Service” or “Services” mean the installation, monitoring, and home security patrol services supplied by the Company under this Agreement.
1. Term and Termination
a) This Monitoring Contract commences on the Effective Date and will remain in force for an initial period of one year.
b) This Monitoring Contract will be automatically renewed on each anniversary of the Effective Date unless it is terminated by written notice from the Member at least one (1) month prior to the anniversary of the Effective Date.
c) The Company may terminate this Contract immediately upon notice to the Member where:
i. the Member is in breach of any of the Monitoring Contract conditions; or
ii. if the Member commits an act of bankruptcy, makes any arrangement or composition with its creditors, has a receiver or manager appointed over any part of its undertaking or assets, has any petition presented for its winding up or goes into liquidation on a voluntary or compulsory basis.
d) Where the Company terminates this Monitoring Contract in accordance with clause 1c), the Member is responsible for the reasonable costs incurred by the Company to decommission the Equipment and Monitoring Service, together with any ongoing telephone call charges or other communication charges incurred by the Member.
2. Changes to the Monitoring Contract Terms
a) Where Company must (because of legislative changes or similar unavoidable circumstances) alter this standard Monitoring Contract, the Member agrees to adopt the new wording as at the date of the renewal of the Contract. Company will use reasonable endeavours to advise the Member of any such change by posting notification of changes on its website at www.racv.com.au/in-your-home/home-security/home-security-terms-and-conditions.html
b) The Company may increase the service fee rates for monitoring and/or service response by giving not less than 30 days written notice to the Member. The Member shall have the right to terminate the Monitoring Contract by notice to the Company prior to the 30 day notice period expiring if it does not agree to the increase in service fee rates.
a) Quotations for installation and Services are valid for 30 days from the date of quotation and are inclusive of GST and any applicable discounts.
b) Prices quoted are subject to acceptance by the Member of the Equipment (and installation thereof) or Services (or both) as set out in this Monitoring Contract.
c) Prices quoted are based on the following:
i. labour, material, storage and transport costs and costs incurred in fulfilling statutory requirements (if any) at the date hereof; and
ii. installation of the Equipment being effected during normal working days.
d) The Company reserves the right to alter any quotation (whether or not it has already been accepted) should there be any change to the underling circumstances on which the quotation was based or, in the case of Equipment, if installation is to be effected other than as stated.
4. Supply of Equipment
a) In consideration of payment of the fees by the Member, the Company agrees to supply the Equipment and Services in accordance with this Monitoring Contract.
b) RACV will use all reasonable endeavours to deliver the Equipment by the time specified to the Member. The Member acknowledges and agrees that delivery dates or periods quoted by Company are estimates only, and are subject to timely receipt of all Member information, other material, and permits from the Member necessary to allow Chubb to proceed with the delivery of the Equipment. Company shall not be liable to the Member in any event for any direct for indirect loss, damage, and expense or cost of any nature and howsoever arising, suffered or incurred by the Member as a result of any delay or failure to deliver the Equipment at the time specified.
The Company will retain title to the Equipment until payment in full of the total charge for the Equipment and Installation is received. Risk in relation to loss or damage to the Equipment by (other than where such loss or damage is caused by the Company) transfers to the Member upon installation of the Equipment.
The Company, its employees, servants and agents shall have full and free access at all necessary times to the Member’s premises and full use of the Member’s facilities for the sole purpose of, and to the extent reasonably necessary to install, maintain or repair the Equipment and to remove any Equipment. In addition to its other remedies if the Member fails to pay the contract price for the Equipment and/or installation within the due period for payment and such payment remains overdue for a period of more than 60 days, the Member expressly grants the Company and its agents the right to enter the Member’s property and premises to remove such Equipment.
a) If the Member has elected Equipment Installation, Company will install the Equipment at the nominated site on the nominated date.
b) The Company shall not be liable for any loss, injury, damage or expense because of delay in installation other than where such damage is caused by the negligence of the Company, its employees, servants or agents. Delay or failure will not entitle the Member to cancel this agreement or refuse to accept delivery and installation of the Equipment.
c) Continuous supply of 240VAC power will be required at the Member’s premises at the location of the control panel prior to installation.
d) A working telephone line may be required at the Member's premises if Monitoring of the system is to occur via a landline. If these services are unavailable or reconfiguration is required, a separate charge may apply.
e) Wireless monitoring may be available (a separate charge applies).
f) Ongoing monitoring of the system via a landline is dependent upon a working telephone line and its configuration at the time of installation. The Member shall at its expense through the Company, or a qualified licensed technician, ensure that the system is effectively communicating to the monitoring station following any changes to the telephone line or the configuration thereof (for example, the installation of ADSL Broadband).
g) The Member acknowledges that the Equipment is designed to communicate alarm and subsidiary signals to the Monitoring Station through the use of telephone calls or other communication channels (e.g. 3G) and that the Member is responsible for all charges related to such communication.
h) The Company hereby indemnifies the Member and agrees to pay any reasonable amounts required to rectify any damage to roof tiles directly caused by the Company’s installation of CCTV cables at the Member’s premises (Installation Site).
a) The Member is liable to ensure the Installation Site will at all times be a safe working environment for the Company’s employees, contractors, agents and authorised representatives and (without limitation) does not contain asbestos or similar hazards or any infections or building diseases.
b) The Member must notify The Company in advance of any unsafe condition at the Installation Site that may affect the performance of work at the Installation Site. The Company reserves the right to refuse to perform any work at the Installation Site (including without limitation Equipment installation, maintenance, or warranty work) without any liability to the Member, if in the Company’s reasonable opinion the Installation Site is not a safe working environment, until such time as the Installation Site has been made safe at the Member’s cost (including professional removal of all asbestos product from that part of Installation Site where asbestos is present). Any such delay or suspension of the warranty work, Equipment installation or other Services will not constitute a breach of this Monitoring Contract.
c) The Company reserves the right to reschedule any work at the Installation Site (including without limitation Equipment installation, maintenance, or warranty work) without any liability to the Member, if in the reasonable opinion of the Company, performance of such works would breach the Company’s occupational health and safety obligations to its employees and contractors (for example, during wet weather or extreme heat).
d) RACV reserves the right to refuse to perform any works, provide the Service or renew this Monitoring Contract if the Member (or any person associated with the Member) is acting or behaving in a manner that is inappropriate, improper, hostile, threatening, abusive or dangerous (whether at Installation Site or by phone) or otherwise in a manner that threatens the safety of any Company employee or contractor.
9. Member Acknowledgments
a) The Member acknowledges:
i. that the Equipment has been selected by the Member in accordance with its express requirements and assessment of security risk;
ii. that the Company does not represent and there is no implied term that the Equipment or monitoring system or services will remain in proper working order or always carry out their functions and any such implied term is expressly excluded;
iii. that the Equipment or services cannot prevent unlawful entry or damage to the Member’s property;
iv. that the Member shall by responsible for taking out insurance against fire, theft, damage, injury or any other cause at its own cost;
v. that the Company shall not be liable for any injury to persons or death or loss or damage to property or any loss or damage including consequential loss suffered by the Member or any other person including but not limited to loss or damage caused by the installation of the Equipment, Equipment failure or breakdown, delay, failure to properly monitor or follow up any signal or alarm and/or failure to receive such signal other than where such fault or loss is caused by the negligence of RACV and/or its servants, agents or contractors or otherwise; and
vi. the Company shall not be liable for the performance of any equipment or programming thereof which has not been supplied and installed by the Company.
b) These Terms and Conditions are subject to any implied term, conditions or warranties imposed by the Competition and Consumer Act 2010 (Cth) as amended and/or under similar State legislation and if the Equipment and Services under this Contract are supplied to the Member as a “consumer” and/or for personal domestic or household purposes as defined under that legislation then the Member shall have the benefit of non-excludable rights and remedies under that legislation and nothing in this Contract excludes or restricts such rights.
c) Notwithstanding 4(c), as far as possible and where the Equipment and/or Services are not ordinarily acquired by the Member as a “consumer” and/or for personal domestic or household use pursuant to Clause 64A of the Competition and Consumer Act 2010 (Cth) and/or similar provisions in State legislation, the Company’s liability shall be limited:
i. in the case of Equipment to any one or more of the following as the company in its sole discretion may determine:
A. the replacement of the Equipment;
B. the repair of the Equipment;
C. the payment of the cost of replacing the Equipment or of acquiring equivalent Equipment;
D. the cost of having the Equipment repaired; or
ii. in the case of Services to either of the following as the Company in its sole discretion may determine:
A. the resupply of the services again;
B. the cost having the services supplied again.
d) If notwithstanding the above the Company is found liable to the Member and/or other person the Company’s liability for breach of this contract and/or negligence of the Company, its servants or agents is limited to a sum not exceeding $10,000 (which shall include legal costs) in respect of the aggregate of all claims during any consecutive period of 12 months.
e) The Company shall not be liable for any default or failure to perform its obligations under this Contract where the failure or default arises from acts of God, war, act of terrorism, accident, fire, explosion, earthquake, lightning strike, floods, strikes, industry disputes, shortage of parts, any action of the Member including any interference with misuse, damage or abuse to the Equipment by the Member and/or other person, any failure by the Member to perform its obligations under Clause 11 hereof any/or any other circumstance beyond the control of the Company.
10. Express Warranty of Equipment and Labour
a) In addition to any other rights and remedies available to the Member under the law, the Company warrants that the Equipment and labour supplied pursuant to this Contract will be free of material defects for a period of 3 years from the date of initial installation (the Warranty Period)
b) The Member must inspect all Equipment upon delivery, and must, within five (5) business days of delivery, give notice to the Company if the Equipment or any part thereof is not in accordance with this Monitoring Contract.
c) If the Member experiences any operational faults or defects in the Equipment during the Warranty Period, the Customer must contact the Company as soon as possible to permit the Company to carry out the warranty work. Any Equipment or part thereof that is proved to be defective will be repaired or replaced by the Company at its option, at no cost to the Member.
d) The Member must notify the Company of the alleged defect by the Member contacting the Company by calling 13 27 56 or writing to RACV Home Security at Level 7, 485 Bourke Street Melbourne VIC 3000 upon the defect first coming to the Member’s attention
e) The Member acknowledges and agrees that the Equipment warranty provided under this clause 9 does not cover:
i. any defect, fault, damage or malfunction caused by the Customer’s failure to regularly maintain and test the Equipment in accordance with the applicable Australian Standards and the manufacturer's recommendations;
ii. fair wear and tear;
iii. any defect, fault, damage or malfunction caused by the Member’s negligence, fault, neglect, abuse or incorrect installation,
iv. connection or use of the Equipment or as a result of vandalism, fire, water damage, power surge, lightning, electrical storm or any other circumstance outside of Company’s control or that of the manufacturer;
v. any defect, fault, damage or malfunction caused by the Member’s failure to replace consumables required for the use and operation of the Equipment (such as, without limitation, batteries or light bulbs); or
vi. any actual or attempted unauthorised repair, modification, removal or reinstallation of, interference with or work on, the Equipment by any person other than the Company
f) Warranty work will be performed when reasonably requested by the Member during business hours unless otherwise agreed. The Company will not be liable to the Member for any claims made for injury, loss or damage to any person, resulting from the Company’s failure to provide the warranty work if the Customer fails to give the Company access to the Member’s premises.
g) If, after the expiry of the Warranty Period, the Member requests (either in person, in writing or via telephone) the Company to diagnose and rectify a defect, fault or malfunction in the Equipment, the Company may charge the Member a fee for such diagnosis, rectification or advice at its standard rates.
11. Monitoring: Member’s Duties and Warranties
a) The Member shall give the Company written detailed instructions (“Member’s Instructions”) prior to Monitoring commencing. These Member’s Instructions may be varied with the Company’s agreement. Variations shall be in writing by the Member but the record kept by the Company will be conclusive evidence as to all oral variations.
b) The Member shall at its expense through the Company, or a qualified and licensed technician:
i. carry out regular testing of the Security System and fix defects without delay and maintain the Security System in accordance with Australian standards; and
ii. seek re-assessment of its security requirements if the use or layout of the Premises or the level of risk changes from that applying at the Date of Quotation.
c) The Member undertakes not to write security codes in public or unsecure places and to ensure that key cards, keys and other security access devices are kept under secure care and not given to or allowed to remain with unauthorised persons and that code holders be cautioned not to make known the code to others.
12. Sub Contractors
The Company may sub-contract the performance of all or any of its obligations under this Contract to any person, firm or Company without giving notice to the Member.
13. Fees and Payments
a) The Company may request that the Member pay a deposit to prior to commencement of installation.
b) If installation occurs within 30 days of the deposit date, the unpaid balance of the total charge for Equipment and Installation is payable upon completion of the installation.
c) Where installation occurs more than 30 days from the deposit date, the Company may request that the Member make a progress payment for work done or deliveries made in connection with supply and/or installation of the Equipment. The Company will agree a progress payment plan with the Member in advance of installation work commencing.
d) If the Member defaults in making any of the above payments the Company may, in addition to its other remedies at law, cease installing the Equipment and/or may remove the Equipment. The Member shall bear any reasonable costs incurred by the Company as a consequence of the cessation and removal of the Equipment. Any deposit paid by the Member will be retained by the Company as reasonable reimbursement to the Company for the costs of installation.
e) The company may offer the Member a 12 month Interest Free loan through R.A.C.V. Finance Limited ABN 82 004 292 291 Australian Credit Licence No. 391488. ("RACV Finance"). Any such arrangement is subject to approval by RACV Finance. A $20 application fee applies and is subject to RACV Finance normal lending criteria.
f) Cancellation within 24 hours of installation will incur a cancellation fee of the deposit taken. This applies subject to any legislative cooling off period under the Fair Trading Act 1999 (Vic.).
g) No reimbursements/refunds will be provided to customers for amounts below a dollar value equivalent to one month’s monitoring.
h) Fees for Monitoring Services are payable in advance
i) Fees for technical services and associated Equipment are payable on provision of the service
j) Fees for patrol response services are payable within 30 days of provision of the service
k) If payment for monitoring and/or service response is in arrears at any time RACV shall not be bound to perform any or all of such services and may cease such services without notice to the Member
l) RACV may offset any overdue amounts against amounts paid in advance for monitoring services, with the term of monitoring reduced pro-rata for the set-off amount.
14. Monitoring: Actioning of Alarm Signals
a) After receipt of the alarm signal the Monitoring Station will use all reasonable efforts to respond to the alarm in accordance with the RACV Alarm Response Options selected by the Member.
b) In the event that the Monitoring Station is not able to respond to the alarm in accordance with these instructions, or believes the instructions not to be appropriate to the circumstances of an alarm and is not able to obtain oral instruction from either the Member or Member’s authorised representative, the Member authorises the Monitoring Station to take such action as considered necessary to ensure an appropriate response.
c) The Member shall pay for all services provided by the Company in response to alarms, whether those services are provided in accordance with the written or oral instruction of the Member, Member’s authorised representative or at the discretion of the Monitoring Station in accordance with Clause 12(b) at the rate of the Company or service provider/s.
d) If the premises are found to have been physically damaged and the Member or their authorised representatives cannot be reached, the Monitoring Station at its discretion shall place a static guard and/or take other measures at the Monitoring Station’s discretion to secure and/or protect the premises and contents thereof, as an agent of necessity, until the next working day, and the Member agrees to pay the Company and/or its agent for the additional work at the Company’s rates.
e) The Monitoring Station must record all telephone conversations to or from its monitoring premises in compliance with AS 2201 and the Member expressly agrees to this condition.
15. Patrol Response and Key Pick Up
If your system is being monitored, a patrol response may be required to attend in the event of an alarm activation. A separate charge is applicable for each patrol attendance. A key pick up service is available if you require patrols to hold keys to your premises. A separate charge may be applicable for this service.
16. Service Limitations
RACV Home Security services may be limited or unavailable in areas outside of Metropolitan Melbourne and Nominated Regional Centres. Services provided in these areas may attract additional surcharges. The Member will be reasonably advised of any additional surcharges.