Installation and Warranty Terms

Last updated: 8 October 2024

Welcome to Paradigm Dynamix!

These terms and conditions outline the terms and conditions related to any business conducted by Paradigm Dynamix Pty Ltd or any subsidiary of Paradigm Dynamix Pty Ltd

We are located at:

For Cape Town – 49 Porterfield Road, Table View, 7441.

For Johannesburg – 71 Kalk Street, Beckedan, 1739

By engaging in business with Paradigm Dynamix Pty Ltd or any subsidiary of Paradigm Dynamix Pty Ltd,  we assume you accept these terms and conditions.

The following terminology applies to these Terms and Conditions and all Agreements: “Client”, “You” and “Your” refers to you, the person or company engaging in business with Paradigm Dynamix Pty Ltd and complying with the Company’s terms and conditions. “The Company”, “Paradyn”, “Paradigm Dynamix”, “Akronos Technologies”, “My Attendance”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company, Paradigm Dynamix Pty Ltd and any subsidiaries thereof. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. “Carry-in” refers to an item which, for warranty purposes, would need to be delivered to one of our physical locations. “Physical location” refers to our office located at our physical address. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our providing a service to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services, in accordance with and subject to, prevailing law of The Republic of South Africa. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to same.

TERMS AND CONDITIONS APPLYING TO SYSTEM INSTALLATIONS DONE BY PARADIGM DYNAMIX PTY LTD OR ANY PARADIGM DYNAMIX SUBSIDIARY

Our Installation Terms:

We agree to install any equipment listed on an accepted quotation, invoice, or Pro-forma invoice, in a workmanlike manner in accordance with the following conditions:

  1. The client will make premises available without interruption during Company’s normal working hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays.
  2. The client understands that the installation will necessitate drilling into various parts of the premises. The company intends, generally, to conceal wiring in the finished areas of the premises, however, there may be areas in which due to construction, decoration, or furnishing of the premises, the Company determines, in its sole discretion, that it would be impractical to conceal the wiring and in such cases, the wiring, essential to the system being installed or maintained,  will be exposed.
  3. The client agrees to provide suitable electrical outlets at the designated locations for equipment requiring electrical power.
  4. The client agrees to provide for any lifting equipment and civil works not covered by the company’s schedule or proposal for works.
  5. The client understands that installation requires drilling holes in interior and exterior walls. Company limits its liability to the patching of said holes and Company cannot be responsible for providing paint or wall coverings to match those colors or coverings existing within Customer’s premises.
  6. The client agrees to provide network points (IEEE Standard) at the designated locations for equipment requiring network connectivity.
  7. The client is responsible for armed response/monitoring station connectivity. Company and its’ employees are within their right to refuse to make such connections.
  8. The client agrees that the company shall not be held liable for any consequences, financial or other, due to any system faults, false alarms, power failures, or network connectivity issues.
  9. The client agrees that the company shall not be held liable for any damages that occur to property, paving, gas, plumbing, electrical equipment, and underground fiber during the installation or maintenance process.
  10. The client agrees to clearly demarcate any underground cabling, plumbing, gas, or other items that may be at risk of being damaged or pose a risk to the Company and Client during or after the installation or maintenance process.
  11. The client agrees to clearly demarcate the perimeter or location of equipment to be installed.
  12. The Company shall reserve the right to refuse to carry out any specified works should it be determined that the correct demarcations have not been provided for. Furthermore, the Company shall reserve the right to charge, at its normal rates, for any standing time that is required while corrections or remedies to any of the above are being carried out.

System Ownership:

Ownership of any equipment supplied or installed is to remain vested with Company until the full purchase price is paid in full. Failure to pay the purchase price of the installed equipment, when due, shall give Company the right, without obligation, to repossess that equipment with or without notice, and to avail itself of any legal remedy.

Any costs for collection, including reasonable legal fees are at the Customer’s expense.

Limited warranty:

All materials, equipment, and labor used are covered by a 30-day warranty following installation, after which materials and equipment are on a 12 month ‘carry-in warranty’. After 30 days, at the company’s discretion, a call-out fee will be applied to rectify any faults deemed to be covered by our warranty. All materials and equipment will be repaired or replaced at the company’s option with a new or functionally operative part. Labour and material required to repair or replace such defective components or to make mechanical adjustments to the system will be free of charge for a period of ninety (90) calendar days following the completion of the original installation. The customer’s remedies hereunder and under any implied warranties, including the implied warranties of merchantability and fitness, are expressly limited to repair or replacement as stated above. The Company shall in no event be held liable for any consequential damages whatsoever. The warranty printed above does not apply to the conditions listed below. In the event, that customer calls the Company for warranty related service and, upon inspection by the company representative, it is found that one of these conditions has led to the inoperability or apparent inoperability of the system, a charge will be made for the call-out of the company representative whether or not he/she actually performs any work on the system. Should it actually be necessary to make repairs to the system due to one of the “conditions not covered by warranty”, a charge will be made for such work at the Company’s then applicable rates for labor and material.

Conditions Not Covered by Warranty

  1. Damage resulting from accidents, theft, attempted theft, acts of God, alteration, misuse, tampering, and abuse.
  2. Damage resulting from corrosion or other environmental factors.
  3. Failure of Customer to properly follow operating instructions provided by Company at time of installation.
  4. Network outages or interruption to commercial power.
  5. Damage resulting from power surges, no matter the cause.
  6. Incorrect usage of the supplied system.
  7. Any fines, fees, or other costs due to false alarms.
  8. Equipment not covered by warranty: Batteries, resistors, cable, glue, fixing material, brackets, and other consumable or perishable items.

Installation Errors:

Errors or omissions in construction or installation of the agreed-upon system must be called to the attention of the Company by the Customer, in writing, within ten (10) calendar days of completion of installation. Upon expiration of said ten (10) days, the installation and the functionality provided shall be deemed accepted by the Customer.

Exclusions:

The Company shall reserve its’ right to forego any responsibility for honoring any Warranty based on the below:

  1. Defects or alterations to the security system caused by or arising from any circumstances beyond the control of the Company. For example, fire, burglary, flood, lightning, the act of God, war, civil disturbance, malicious damage, vandalism, negligence, interference, modification to the premises, misuse, or failure to operate the security system by the customer or any other person. The cost of repairs or replacement due to defects of the security system caused by environmental conditions or processes not normally found at the premises or introduced after the installation are excluded and shall be chargeable.
  2. Malfunctions due to mains power supplies, power spikes, corruption, or radio interference.
  3. Adjusting, operating of, or tampering with equipment by any person other than the authorized Company.\
  4. Internal and external cable damage either over or underground.
  5. The addition of any non-Paradigm Dynamix approved equipment, changing any programming settings, moving of any equipment, replacement of any equipment, or additions of any equipment not performed by the Company.
  6. Equipment that has been stolen or damaged by attempted theft.

The Hiring of Equipment:

  1. The hiring of hoists or other specialized climbing apparatus will be charged to the client when such equipment is required. The maintenance agreement (if applicable) assumes that all parts of the security system are at such height as to be accessible safely using secured steps or ladders, as per our Health and Safety Policy.
  2. The hiring of any other tools will be charged to the client when such equipment is required.

Installation & Maintenance Considerations

  1. The effectiveness and reliability of existing cabling are excluded and rectifications are to be charged to the client.
  2. Any work not included in the original quotation, Pro-forma invoice, or invoice, such as repositioning or resetting of existing equipment, such as; detectors, cameras, keypads, etc, are excluded. Any works requested and performed are to be billed for as an additional item.
  3. It is the responsibility of the client to ensure that any internet line fault or other network-related service outage is dealt with prior to the Company arriving to complete an installation. The Company will in no way accept any responsibility for any network issues before, during, or after installation. Additionally, The Company reserves the right to charge for any standing time caused by factors out of the Company’s control.
  4. It is the sole responsibility of the customer to arrange insurance of the equipment specified in this quotation against theft or damage. The client shall also arrange insurance from the moment that equipment to be installed is delivered to the premises of the client. The Company will take no responsibility for any loss which occurs while equipment is housed on the client’s premises.
  5. Rental or loan equipment shall be returned in a clean, serviceable, and working condition. Any damages shall be charged to the client.
  6. The Company reserves the right to refuse to carry out any work when it is determined to be unsafe or unconducive to do so.
  7. When carrying out an installation, The Company reserves the right to charge for any extra equipment supplied or installed that may not have been included in the original quotation, Pro-forma invoice, or invoice.

Maintenance of Existing systems:

  1. Installer/Administration lockouts – It is the sole responsibility of the client to provide Company with any installation or access codes required for maintenance or repairs on existing systems. Should a system be locked by means of the installer or administration code, Company reserves the right to charge for any standing time and/or quote for a complete system reset and reprogram.
  2. With reference to the above, should the company not be able to perform its contracted work due to any system lockouts and should the client refuse to accept a quotation for the rectification thereof – The Company shall reserve the right to charge for a call-out and labor as per normal rates, even though no work may have been carried out.
  3. The Company shall make every attempt to maintain and service an existing system to the best standard possible. However, The Company shall not be held liable for any failures, losses, or other consequences on systems installed by others.

Quotation. Pro-forma invoice, and invoicing Terms & Conditions:

  1. Errors and omissions excepted (E&OE).
  2. Any quotations supplied are valid for a period of twenty-four (24) hours unless otherwise specified in writing.

Payment:

  1. A deposit shall be required unless specified in writing, prior to the scheduling and carrying out of any works.
  2. Unless specified in writing, as standard, the deposit required for an installation shall be 60% of the complete amount inclusive of VAT.
  3. Unless agreed upon in writing, Final payment is due within 7-calendar days of sign-off of works.
  4. For maintenance, unless agreed upon in writing, payment for work performed is due within 7-days of invoicing.
  5. Should the client fail to make payments as agreed upon in writing or as outlined above, The Company reserves the right to remove any equipment or de-activate any service that may have been part of, or linked to, the work carried out. Furthermore, the Company reserves the right to levy a penalty fee, at its discretion, at a maximum rate of 2% per month.
  6. In addition to the penalty levy as above, should the client fail to make payments as agreed upon in writing or as outlined above, The Company reserves the right to cancel any discounts which may have been levied on the quotation, Pro-forma invoice, statement, or final invoice.
  7. Should the client fail to make any payments as agreed upon, following a final letter of demand and pursuant to the above, The Company reserves the right to resort to legal action and to seek compensation for the costs thereof in a court of law. Furthermore, at the discretion of the Company, a listing or judgment from the credit bureaus may be sought.

Non-Solicitation of Employees 

Upon acceptance of any quote provided by Paradigm Dynamix, the customer (the “Client”) agrees that they shall not, directly or indirectly, solicit, induce, recruit, encourage, or in any manner attempt to influence any employee, contractor, agent, or representative of Paradigm Dynamix to leave their current employment or contractual relationship with Paradigm Dynamix during the performance of the contracted work or within a period of 12 months following the completion of said work (the “Non-Solicitation Period”).

In the event that the Client breaches this clause by hiring or engaging any current or former employee, contractor, agent, or representative of Paradigm Dynamix during the Non-Solicitation Period, the Client agrees to pay Paradigm Dynamix a placement fee equivalent to 50% of the annual salary or fee that would have been paid to the employee or contractor by Paradigm Dynamix, as liquidated damages.

This clause is designed to protect Paradigm Dynamix from losses associated with the solicitation and hiring of its personnel by the Client. The Client acknowledges that this protection is reasonable and necessary to safeguard Paradigm Dynamix’s legitimate business interests, including its investment in its employees and contractors.

Agreement:

By accepting a quote, Pro-forma invoice, statement, or final invoice, by means of a client signature on a quote, or job-card, or by the client paying any amount towards the specified works, the client shall have been seen to have agreed to be bound to the terms contained within this agreement.

Change to this Agreement:

The Company reserves the right to make changes to this agreement without notice. However, the Company will indicate the date that any changes have occurred within this agreement. It is the responsibility of the client to periodically check this document for any changes.