These Master Terms & Conditions (“Terms”) apply to goods and services supplied by Sterling Security Systems Ltd (“Sterling”, “we”, “us” or “our”).
These Terms must be read together with the Customer’s accepted quotation, service agreement, work order, service schedule and the applicable Sterling Security warranty terms.
Residential and consumer customers are subject to Sterling’s Residential & Consumer Warranty Terms. Commercial and business customers are subject to Sterling’s Commercial & Business Warranty Terms.
Where specific written terms agreed between Sterling and the Customer expressly differ from these Terms, those specific terms take priority to the extent of that inconsistency.
Customer means the person, company, organisation, body corporate, partnership, trust or other entity purchasing or receiving goods or Services from Sterling.
Consumer Customer means a Customer to whom the Consumer Guarantees Act 1993 applies.
Commercial Customer means a Customer acquiring goods or Services in trade for business purposes.
Equipment includes alarms, detectors, CCTV equipment, access control equipment, fog security equipment, communicators, batteries, cabling, network equipment, monitoring equipment and associated security products.
Initial Term means the fixed contractual period specified in the Customer’s quotation, agreement or service schedule.
Premises means the location at which Sterling provides Services or installs, monitors or services Equipment.
Recurring Services means Services provided on an ongoing basis, including monitoring, mobile patrols, alarm response, static guarding, maintenance and other recurring security services.
Services includes monitoring, alarm response, mobile patrols, static guarding, technical services, installations, maintenance, fault finding, CCTV, access control, alarm systems, fog security systems, after-hours services, call centre services and associated security services.
The Customer accepts these Terms when the Customer accepts or electronically approves a Sterling quotation or agreement; signs an agreement incorporating these Terms; instructs Sterling to proceed with work after receiving these Terms; or otherwise enters into an agreement that incorporates these Terms.
The version of these Terms applicable to an agreement is the version made available to the Customer at the time the relevant quotation or agreement is accepted, unless a lawful variation is subsequently agreed.
Unless expressly stated otherwise, quotations remain valid for the period specified; pricing is based on information available when prepared; estimated labour may vary according to actual time required; additional work outside scope is chargeable; unforeseen site conditions may result in additional charges; Customer-requested changes may be treated as variations; and supply remains subject to product availability.
Sterling will seek Customer approval before undertaking material additional work where reasonably practicable.
Prices are exclusive of GST unless expressly stated otherwise. Sterling may charge applicable minimum attendance fees, technician labour, travel time, vehicle charges, equipment and materials, consumables, freight, parking, access equipment, permits, subcontractor costs, after-hours rates, public holiday rates and other reasonably incurred costs associated with providing the Services.
Sterling may reasonably adjust recurring Service charges to reflect increases in the cost of providing those Services, including changes to wages, employment costs, CPI/inflation, fuel, vehicles, telecommunications, monitoring infrastructure, insurance, licensing, regulatory costs and supplier charges.
Sterling will provide reasonable notice of material increases where practicable. Nothing in this clause permits Sterling to vary pricing in a manner prohibited by applicable law.
Invoices are payable by the due date stated on the invoice unless otherwise agreed in writing. The Customer must promptly advise Sterling of any genuine invoice dispute. A dispute concerning one invoice does not entitle the Customer to withhold payment of unrelated undisputed amounts.
Where an account becomes overdue, Sterling may, subject to applicable law, seek immediate payment, suspend non-essential Services after reasonable notice, require payment before further work, withdraw credit facilities and refer overdue amounts to a debt collection agency.
The Customer is responsible for reasonable debt collection, legal and recovery costs actually incurred by Sterling in recovering amounts properly due, to the extent permitted by law.
Nothing in these Terms excludes, restricts or modifies rights or remedies available to a Consumer Customer under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or other applicable legislation where those rights cannot lawfully be excluded.
Consumer Customers are subject to Sterling’s Residential & Consumer Warranty Terms, which form part of the agreement.
Where the goods or Services are supplied and acquired in trade; both Sterling and the Customer are in trade; the agreement is in writing; the parties agree that the Consumer Guarantees Act 1993 will not apply; and it is fair and reasonable that the parties be bound by that agreement, the parties agree pursuant to section 43 of the Consumer Guarantees Act 1993 that the provisions of that Act will not apply to the supply.
Where the statutory requirements for contracting out are not satisfied, nothing in this clause excludes rights that cannot lawfully be excluded.
Commercial Customers are subject to Sterling’s Commercial & Business Warranty Terms, which form part of the agreement.
Unless otherwise agreed, technical attendances may attract applicable minimum attendance fees, technician labour, vehicle/travel charges, materials, specialist equipment costs and after-hours/public holiday charges.
A report of a suspected fault does not automatically establish that Equipment or Services supplied by Sterling are defective. Sterling may reasonably investigate a reported issue before determining responsibility.
Where Sterling reasonably investigates a reported problem and no covered fault can be identified or reproduced, the attendance may be classified No Fault Found (NFF). Subject to applicable consumer rights, normal diagnostic, labour, attendance and travel charges may apply. An NFF attendance does not create an entitlement to unlimited subsequent attendances without charge.
Where a reported fault cannot reasonably be reproduced, Sterling may recommend continued monitoring, event collection, remote diagnostics, additional testing, equipment substitution, precautionary replacement or further attendance. Replacement of a component for diagnostic or precautionary purposes does not by itself establish that the component was defective.
Where Sterling installs Equipment into, connects to, modifies or services an existing system, Sterling does not automatically assume responsibility for existing or third-party equipment, wiring, networks or infrastructure. Sterling remains responsible for its own goods and Services to the extent required by the agreement and applicable law.
Unless expressly agreed otherwise, Sterling does not warrant Customer-supplied Equipment. Work associated with installing, diagnosing, removing or replacing Customer-supplied Equipment is chargeable.
Security Equipment may depend upon internet, Wi-Fi, cellular networks, electricity, telecommunications, cloud services and third-party platforms. Sterling cannot guarantee the continuous availability or performance of services outside its reasonable control.
Monitoring involves receiving and processing signals transmitted by compatible Equipment. Sterling cannot guarantee that every event occurring at the Premises will generate a signal or that every signal will successfully reach the monitoring centre where Equipment, communications networks, electricity supply or third-party infrastructure fails.
The Customer must maintain accurate contact details, keyholder details, telephone numbers, site instructions, access information and response instructions. Sterling may rely upon the latest information supplied by the Customer.
Where alarm response is included or requested, Sterling will use reasonable endeavours to dispatch an available patrol officer according to the Customer’s instructions. Unless expressly guaranteed in writing, response times are estimates and may be affected by traffic, emergencies, distance, workload, weather, road conditions and other operational circumstances.
Responses to false alarms may be chargeable unless otherwise agreed. Customers are responsible for reasonably maintaining their systems and addressing recurring false alarm causes.
Customers must follow Sterling’s approved testing procedure before intentionally activating monitored alarm, panic or duress devices.
Mobile patrols are generally shared security Services unless expressly agreed otherwise. Sterling will use reasonable endeavours to perform agreed patrol duties within the applicable service period. Exact patrol times are not guaranteed unless expressly agreed.
Sterling may use NFC, QR, GPS, photographs, GDS, electronic run sheets, occurrence reports and similar technology to record Service delivery and incidents.
Where Sterling holds Customer keys, cards, remotes or other access devices, the Customer authorises Sterling personnel and approved subcontractors to use them for agreed Services. The Customer must promptly notify Sterling of relevant changes to locks, access codes or access arrangements.
Static guarding is provided according to agreed hours, duties and site instructions. Security personnel provide a reasonable security presence and agreed security functions but cannot guarantee that criminal activity, loss or damage will not occur.
Minimum engagement periods may apply. Where guarding is cancelled at short notice, Sterling may charge reasonable costs already committed, including employee wages and subcontractor costs.
The Customer must provide accurate site information and disclose relevant hazards and requirements. Material changes to duties, risk or hours may result in revised pricing.
Sterling does not guarantee that CCTV will capture every incident, identify every person or vehicle, provide usable footage in every circumstance, or prevent criminal activity. Performance depends upon matters including camera placement, lighting, image quality, storage capacity, configuration and environmental conditions.
Recording periods are estimates unless expressly guaranteed. Actual retention depends upon storage capacity, activity, resolution, frame rate and system settings. The Customer is responsible for requesting or preserving important footage before it is overwritten.
Access control reduces the risk of unauthorised access but cannot guarantee that unauthorised access will never occur. Customers must promptly report lost credentials, cards, remotes and compromised access codes.
Fog security systems must be operated and maintained according to manufacturer instructions.
Sterling may classify technical attendances as: W1 – Confirmed Sterling Equipment Warranty Fault; W2 – Confirmed Sterling Workmanship Fault; NFF – No Fault Found; EXT – External / Third-Party Cause; CUS – Customer Damage / Misuse / Interference. This classification assists in determining responsibility and applicable charges.
Where repeat attendance is necessary because Sterling has failed to remedy a confirmed fault for which Sterling is responsible, Sterling will continue to meet its applicable contractual and statutory obligations. Normal charges may apply to repeat attendances involving unrelated, intermittent, NFF, external or Customer-caused issues.
Recurring Services are supplied for the Initial Term specified in the Customer’s accepted quotation, agreement or service schedule. Initial Terms may vary according to the Service and commercial arrangement agreed with the Customer.
Unless otherwise expressly stated in the Customer’s agreement, following expiry of the Initial Term, all Recurring Services automatically renew for successive periods of 12 months.
Sterling may, at its discretion, agree to a shorter renewal period or permit Services to continue on a month-to-month basis. Sterling may also agree with the Customer in writing to another renewal arrangement.
Either party may prevent automatic renewal by giving at least 30 days’ written notice prior to the end of the applicable Initial Term or renewal term.
Where valid notice is received after a new renewal term has commenced, the agreement remains subject to that renewal term unless Sterling agrees otherwise or applicable law provides the Customer with a right to terminate.
Cancellation must be given in writing using Sterling’s nominated cancellation contact method. Sterling will acknowledge receipt where reasonably practicable. Unless otherwise agreed, cancellation takes effect at the end of the applicable Initial Term, renewal term or valid notice period, as applicable.
Where a Customer seeks to cancel during an agreed fixed term, Sterling may charge a reasonable Early Termination Charge where permitted by law.
For Consumer Customers, the charge will be limited to an amount reasonably necessary to protect Sterling’s legitimate interests and may include unrecovered installation or equipment subsidies, promotional benefits, committed third-party costs and reasonable losses directly arising from early termination.
Commercial early termination will be governed by the applicable commercial agreement and these Terms. Nothing in this clause removes a statutory right of cancellation.
Cancellation of monitoring does not automatically physically disconnect or reprogramme the Customer’s alarm system, communicator, SIM/data service or other communications Equipment.
Following termination, Sterling may need to undertake remote work and/or attend the Premises to deprogramme monitoring communications, disable or remove communications services, deactivate SIM/data services, remove Sterling programming, recover Sterling-owned Equipment and complete associated technical and administrative work.
Except where cancellation results from a breach by Sterling or applicable law requires otherwise, the Customer is responsible for Sterling’s reasonable costs of completing the technical disconnection. These may include technician labour, minimum attendance, vehicle/travel, remote programming, communicator deprogramming, SIM/data deactivation, administration and recovery of Sterling-owned Equipment.
Where reasonably practicable, Sterling will advise the Customer of the applicable charge or charging basis.
The Customer must provide reasonable access where required to complete disconnection or recover Sterling-owned Equipment, keys or access devices. Additional costs resulting from the Customer failing to provide agreed access may be chargeable.
Recurring charges cease on the effective cancellation date except where the Customer remains within a fixed contractual term, Services have been requested to continue, the parties agree otherwise, or applicable charges remain payable under the agreement.
Equipment expressly supplied on loan, rental or as Sterling-owned infrastructure remains Sterling’s property unless expressly sold to the Customer.
Following termination, Sterling may recover Sterling-owned Equipment. The Customer must provide reasonable access. Lost, damaged or unreturned Sterling-owned Equipment may be charged at its reasonable replacement value where permitted by law.
Customers must provide a reasonably safe environment for Sterling personnel. Sterling may stop, postpone or refuse work where it reasonably considers the work cannot be performed safely.
Customers must disclose known hazards relevant to Sterling’s work, including hazardous substances, asbestos, electrical hazards, aggressive animals, restricted areas and working-at-height risks.
Sterling may use suitably qualified employees, contractors and subcontractors to perform Services. Sterling remains responsible for its contractual obligations subject to these Terms and applicable law.
Security systems and Services are intended to reduce risk but cannot eliminate all risk. Sterling does not guarantee that burglary, theft, fire, vandalism, unauthorised access, personal injury or other incidents will never occur.
Nothing in these Terms excludes or limits liability or remedies that cannot lawfully be excluded or limited.
To the maximum extent permitted by law, Sterling is not liable for indirect, consequential or special loss, loss of profit, loss of revenue, loss of opportunity or loss of data arising from the provision or failure of Services. Any specific agreed liability cap may be stated in the applicable commercial agreement. Nothing in this clause excludes liability that cannot lawfully be excluded.
Sterling is not responsible for delay or failure caused by events beyond its reasonable control, including natural disasters, severe weather, fire, flood, major telecommunications or electricity failure, industrial action, civil disturbance, government action, road closures or comparable events. Sterling will use reasonable endeavours to resume affected Services.
Sterling may collect, use and retain information reasonably required to provide Services, administer accounts, investigate incidents, manage warranties, recover debts, comply with legal obligations and protect Customers, Sterling and its personnel. Information will be handled in accordance with applicable privacy law.
Records may include monitoring history, telephone records where lawfully recorded, patrol records, photographs, CCTV supplied to Sterling, GPS/NFC/QR information, technician reports, warranty records and correspondence.
Customers must provide accurate information, maintain current contacts, use Equipment reasonably, promptly report known faults, provide reasonable access, pay properly due amounts, disclose material changes affecting Services and follow reasonable operating instructions.
Material variations specifically agreed between Sterling and the Customer should be recorded in writing. No variation removes statutory rights that cannot lawfully be removed.
If any provision is unlawful or unenforceable, it will be modified to the minimum extent necessary or severed without affecting the remaining Terms.
Failure or delay in exercising a contractual right does not automatically waive that right.
The Customer may not assign a recurring Service agreement without Sterling’s prior written consent, such consent not to be unreasonably withheld. Sterling may assign its agreement as part of a genuine sale, transfer or restructuring of its business, subject to applicable law.
Notices may be delivered personally, by post or electronically to the latest contact details supplied by the relevant party.
These Terms are governed by New Zealand law.
The accepted quotation, applicable service agreement or schedule, applicable Sterling Warranty Terms and these Master Terms together comprise the agreement relating to the relevant supply.
Sterling Security Systems Ltd
49 Mahana Road, Te Rapa
Hamilton 3200
New Zealand.
Phone: 07 849 9355.
Need some clarification or want to contact us? Call us on 0800 189 089 or complete the form below and a Sterling Security team member will contact you.
