Terms and Conditions


  • “Buyer” means the purchaser / person (s), firm, partnership or company having signed this document;
  • “Seller” means TCB Fox Pty Ltd trading as Houdini Lock Service;
  • “Parties” means the Buyer and Seller collectively;
  • “Property” means motor vehicle, house, commercial premises or the like;
  • “Goods and Services”  means the Goods and/or  Services supplied to the Buyer at Buyer’s request;
  • “Price” shall mean the cost of the Goods and/or Services as agreed between TCB Fox Pty Ltd trading as Houdini Lock Service and the Buyer;
  • “Order” means a request by the Buyer to the Seller for the provision of Goods and/or Services.


  • It is the Buyer’s responsibility when ordering to ensure that the goods and services ordered conform to their requirements and are suitable and sufficient for the Buyer’s purpose.
  • It is the Buyer’s responsibility to provide all information necessary to enable performance of the contract and the Buyer be responsible for any costs arising directly or indirectly from any error or omission in that information or in any delay in providing that information.
  • If the Buyer cancels, alters, adds to any Order or part Order for Goods and Services at any time the Seller has received the Order, then without prejudice to any other rights the Seller has against the Buyer, The Seller reserves the right to charge the Buyer costs and charges for materials already acquired for the Order together with the cost of any labour and tooling and keying expended to the date of such cancellation or alteration.
  • Where any Order is to be collected from Seller, the Buyer agrees to collect and pay for the said Order within 30 days of notification of Seller.  Failure to collect and pay for an Order will result in additional charges being made against the Buyer by the Seller for storage and other relevant costs.


  • The Price of the goods and/or services as well as GST will be as indicated on the invoice(s) provided by the Seller to the Buyer. The invoice does not necessarily reflect the totality of the Order as Orders may be large and as such invoices may be progressive, staggered and/or split.
  • A deposit as specified on the totality of the Order (exclusive of GST) will need to be paid prior to the ordering of goods on a sliding scale rule:
    • For orders up to $5,000 there will be NIL (0) deposit.
    • For orders over $5,000 and up to $10,000, a 15% deposit is required.
    • For orders over $10,000 and up to $20,000, a 20% deposit is required.
    • For orders over $20,000 and up to $30,000, a 30% deposit is required.
    • For orders over $30,000 and up to $40,000, a 40% deposit is required.
    • For orders over $40,000 and up to $50,000, a 50% deposit is required.
    • All orders above $50,000 will be determined at the said time.
  • Time is of the Essence for payment for the supply of Goods and/or Services by the Seller; payment must be made by the Buyer upon the supply of the Goods and/or completion of the Services. For account customers payment will be due according to credit issued (30 days or end of the calendar month following invoice date whichever is the later.
  • If applicable The Buyer will provide the Seller Purchase Order number (s)  as needed for payment.  


  • The Parties agree that upon full and final payment the title of the goods is hereby passed on from the Seller to the Buyer. Until such time:
    • The Buyer acknowledges that until all monies owing by the Buyer are paid, the Goods and Services remain the property of the Seller.
    • The Seller reserves the right to enter the Buyer’s premises (or the premises of any associated company or agent where the Goods are located without liability for trespass or any resulting damage and re-take possession of the Goods.
    • The Buyer acknowledges that should the Goods be lawfully repossessed by the Seller, the Seller reserves the right to keep or re-sell the Goods to a third party.
    • This clause shall apply not withstanding that the Goods may be affixed to a chattel or the land of the Buyer or any other person.
  • In the event of non- payment, The Seller is immediately entitled to take possession of Goods; this also applies in the event the Buyer is declared bankrupt, or is committing an act of bankruptcy or being wound up and placed into receivership or administration.
  • The Buyer will indemnify the Seller for any claim made by any third party against the Seller as a result of the Seller having taken possession of the Goods.
  • If the Buyer sells the Goods in contravention of this Agreement, then the Buyer must hold the proceeds of the sale on Trust, as agents for the Seller and must pay the proceeds into a trust account as Trustee for the Seller.  
  • The Seller is entitled to maintain an action against the Buyer for the outstanding unpaid invoice (full or partial), accrued interest and all other costs associated with such action.


  • The delivery times made known by the Seller to the Buyer are estimates only and the Seller shall not be liable for late delivery or non-delivery whether due to Buyer’s fault or not.  The Seller shall endeavour to provide a timely service but under no circumstance shall the Seller be liable for any loss, damage or delay occasioned to the Buyer arising from late or non-delivery of the Goods and Services.
  • In the event the Buyer in unable or unwilling to accept delivery of Goods and Services as agreed them the Buyer shall be liable for all charges, storage costs, expenses and additional delivery charges; such amount to be paid on delivery including but not limited to where the late delivery or non-delivery is caused or contributed by the negligence of the company, its contractors or agents.
  • The Buyer or its agent shall bear all risk of loss or damage to the products upon and from delivery of the products to the Buyer or delivery at the Buyer’s direction.  The Buyer shall effect all necessary policies of insurance as it may deem appropriate to insure against any such risk of loss or damage.
  • The Buyer must permit (or arrange permission for ) us to access the premises where the product is to be delivered.


  • The Seller may license or sub-contract all or any part of its rights and obligations under this Agreement without the Buyer’s consent.
  • This Agreement constitutes the entire Agreement between the Buyer and the Seller and any prior Agreement or understanding between them in respect of the subject matter in this Agreement, including any quotation is superseded by this Agreement.
  • If any of these Terms and Conditions is, or becomes for any reason wholly or partially invalid, then that term or condition will be severed without affecting the enforceability and validity of the remaining terms and conditions.
  • This Agreement is governed by and must be construed with, the laws of the State or Territory where the Goods and Services are provided and the Parties must submit to the jurisdiction of that State or Territory.
  • The person signing this document as the Buyer or the Buyer’s agent will warrant that they are entitled and authorised to enter into and perform their obligations as Buyer under this Agreement.
  • The Buyer must not assign, novate or otherwise deal with any of their rights and obligations under this Agreement without our prior written consent.
  • The Seller may terminate this Agreement if the Buyer becomes subject to a liquidator, receiver, manager or trustee in bankruptcy or any other form of administration. This include the Buyer failing to pay debts when they fall due; then without prejudice to any other rights the Seller may terminate this Agreement immediately and cease provision of Goods and Services.
  • For the purposes of these Terms and Conditions any acts of a related body corporate or third party related to the Buyer in relation to the provision of Goods and Services shall be deemed to be an act of the Buyer and any act of any related body corporate of the Seller shall be deemed an act of the Seller.


  • The Seller owns and will retain ownership of all intellectual property, copyright and design rights in and to the Goods and Services and any documentation produced in connection with the Goods and Services. This includes but not limited to codes, coding and records of such security systems.


  • The Seller shall provide the Buyer warranties for Goods as per the manufacturers’ specific warranties if applicable. The warranties will only be valid so long as the Buyer has utilised the Goods and Services according to their intended use and for that particular purpose. INSPECTION
  • The Buyer shall inspect the Goods and Services at the time of delivery/installation and shall notify the Seller in writing of any damage or defect in the said Goods and Services. This shall be done within seven (7) calendar days of the date of delivery.  Notification should be send to with regards to any warranty claim.
  • The Buyer acknowledges that seven (7) calendar days from delivery/installation is sufficient time to conduct inspection of Goods and Services.


  • It is the Seller’s discretion to the acceptance of the return of any Goods.  All accepted returns will incur the following charges: 15% of the sales value of the Goods
  • 15% re-stocking fee
  • Labour and keying charges are non-refundable


  • In the event that the Buyer has requested the Seller to gain entry to any Property, the Buyer hereby confirms that it has a lawful right to gain access to the said Property. The Buyer acknowledges that the property may be damaged by the Seller gaining access to the said property and the Buyer voluntarily assumes the risk of that damage and hereby authorises the Seller to access the said Property.
  • The Buyer further agrees to hereby indemnify and forever keep indemnified the Seller against all claims, demands, damages, penalties, costs, charges and expenses to which the Seller may become wholly or partially liable with regards to the supply of the Goods and/or Services whether or not by virtue of any negligence on behalf of the Seller or the Seller’s agents.
  • The Buyer has read all the above Terms and Conditions and agrees to be bound by same as evidenced by its execution hereunder.

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