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					 CAR-SAFE—IMMOBILISE NOW!




SUPPLIER/INSTALLER AGREEMENT



     GOVERNING THE CONDUCT OF COMPANIES

      AND INDIVIDUALS PARTICIPATING IN THE

      CAR-SAFE – IMMOBILISE NOW! PROGRAM



  SAMPLE ONLY—A FINAL AGREEMENT WILL BE
  FORWARDED UPON RECEIPT OF APPLICATION
                                                       1


                                     INTRODUCTORY NOTES

BACKGROUND
The National Motor Vehicle Theft Reduction Council (NMVTRC) has been
formed by all Australian governments and the insurance industry. The
Council’s mission is to reduce Australia's unacceptable level of vehicle theft.
This will benefit Australia's economic and social wellbeing.
The Council is working actively with police, insurers, the motor trades, vehicle
manufacturers, registration authorities and justice agencies to implement a
range of theft reduction strategies. These strategies will make vehicles more
difficult to steal, close the loopholes that professional thieves currently exploit,
improve the flow of police and registration information nationally, and lead
potential young offenders away from vehicle theft.
CAR-SAFE is the Council’s registered trademark for community education
programs.

PROGRAM PHILOSOPHY
The Immobilise Now! program has been developed by the Council to increase
the number of effective after-market engine immobilisers fitted to older
vehicles. The program aims to reduce the incidence of older vehicles being
stolen by juvenile thieves for transport, joy riding or the commission of another
crime. This type of theft accounts for 3 out of every 4 vehicles stolen in
Australia.

The Council:
   is a not-for-profit organisation and will not derive any income or profit from
    the program; and
   recognises that immobiliser suppliers and installers participating in the
    program must be able to operate profitably under the proposed scheme.

By joining the Immobilise Now! program, engine immobiliser suppliers and
installers will benefit from the Council’s substantial credibility, publicity
campaigns, and the creation of a previously untapped vehicle security
market—the owners of vehicles ten or more years old.

In return, engine immobiliser suppliers and installers are expected to:
   provide high quality products and services at a price that is lower than the
    current industry benchmark; and
   guarantee the highest standards of business integrity.

PROGRAM DESCRIPTION

Publicity Campaign

The Council will fund the development and implementation of a substantial
Publicity campaign that will be targeted at the owners of vehicles 10 years and
older. The campaign will aim to raise motorists’ awareness of the:


      CAR- SAFE – Immobilise Now! is a program of the National Motor Vehicle Theft Reduction Counci l
Created on 17/07/10
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   frequency and consequences of motor vehicle theft;
   vulnerability of older vehicles to theft; and
   effectiveness of electronic engine immobilisers as a theft prevention
    measure.

Promotional Cycle:
The publicity campaign will direct interested motorists to telephone a call
centre number. One call centre will service all jurisdictions. The call centre
will:
   provide a short scripted message explaining the program and record the
    caller’s name and address if they desire more information, or access to the
    installer network;
   where requested by the caller, the call centre will dispatch an information
    pamphlet containing a generic description of products available and a list
    of participating installers; and
   provide the Council with regular updates on the number of calls received,
    pamphlets dispatched and any issues raised by callers.

A range of procedures will be established to monitor the quality of the program
and deal with consumer complaints. These arrangements are set out in the
program Agreement.




      CAR- SAFE – Immobilise Now! is a program of the National Motor Vehicle Theft Reduction Counci l
Created on 17/07/10
                                AGREEMENT

This Agreement sets out the terms and conditions under which (Company or
Individual X) agrees to participate in the Immobilise Now! Program developed
by the National Motor Vehicle Theft Reduction Council Inc.

1. Parties to the Agreement
This Agreement is entered into by (Company or Individual’s Name) and the
National Motor Vehicle Theft Reduction Council Inc.

2. Interpretation
For the purpose of this Agreement the following definitions apply:
―AS/NZS 4601:1999‖ means the standard for after-market vehicle security
immobiliser systems prepared by the Joint Standards Australia/Standards
New Zealand Committee EL/31, Intruder Alarms Equipment and Installation;
―AS/NZS 3749.2: 1997‖ means the standard for installation and maintenance
for vehicle alarm systems prepared by the Joint Standards
Australia/Standards New Zealand Committee EL/31, Intruder Alarms
Equipment and Installation;
―Auditor‖ means a person appointed by the Council to examine and report
on the quality of the installation of engine immobilisers installed under the
Immobilise Now program;
―Authorised Representative‖ means a named individual or the holder of a
designated position that entitles the person to act on behalf of a party to this
Agreement;
―CAR-SAFE‖ means the registered trade mark for the National Motor Vehicle
Theft Reduction Council’s community education programs;
―Council‖ means the National Motor Vehicle Theft Reduction Council Inc., an
association incorporated under the Associations Incorporation Act (Victoria)
1981;
―Complying Device‖ means an engine immobiliser that meets AS/NZS
4601:1999 for after-market vehicle security immobiliser systems;
―Immobilise Now!‖ means the National Motor Vehicle Theft Reduction
Council’s engine immobiliser promotional program;
―Initiating Party‖ means the party that issues a notice of proposed
amendment to this Agreement;
―Installer‖ means a company or individual that enters into this Agreement for
the purpose of installing after-market engine immobiliser systems under the
Immobilise Now! program;
―Jurisdiction‖ means the state or territory of Australia concerned;
―Motor vehicle‖ means:
(a)   a vehicle that uses, or is designed to use, a source of power other than
      human or animal power as its principal means propulsion;
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(b)      a vehicle without motive power designed for attachment to such a
         vehicle; or
(c)      a piece of machinery or equipment that is equipped with wheels and
         designed to be towed behind such a vehicle;
―Principal‖ means a person, wherever located, who for any consideration
whatsoever:
(a)      engages in business to provide repairs in the Australian Capital
         Territory;
(b)      accepts an engagement to perform repairs in the Australian Capital
         Territory; or
(c)      provides repairs in the Australian Capital Territory under warranty
         pursuant to the Sales of Motor Vehicles Act 1997 of the Australian
         Capital Territory,
but does not include a Territory, State or the Commonwealth Government
unless an officer of that government is engaging in a business with the
meaning of the Competition Policy Reform Act 1996 of the Australian Capital
Territory;
“Program Materials‖ means any poster, brochure, customer charter,
registered installer certificate, customer feedback card or reply paid envelope
issued by the Council;
―Program Participant‖ means Suppliers, Installers or any other party that
has made a financial or in kind contribution to the Immobilise Now! program;
―Repair‖ means any of the following work performed on, or in relation to, a
motor vehicle or any component, system or part of a motor vehicle:
(a)      examination or assessment in relation to condition or performance;
(b)      detection of faults;
(c)      dismantling or assembling;
(d)      servicing or maintenance;
(e)      replacement;
(f)      adjustment;
(g)      painting;
(h)      modification, installation or fitting;
(i)      towing to a premises in anticipation of the performance of any of the
         forgoing; or
(j)      provision of advice in relation to any of the forging;

―Security Industry Act‖ means the Security Industry Act 1997 of
New South Wales;
 ―Supplier‖ means a company or individual that enters into this Agreement
for the purpose of suppling after-market engine immobiliser systems to the
Immobilise Now! Program.


      CAR- SAFE – Immobilise Now! is a program of the National Motor Vehicle Theft Reduction Counci l
Created on 17/07/10
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3. Commencement and Duration
This Agreement will be effective from the date it is counter-signed by
(Company/Individual X) and will remain in effect until …………… or as
extended or varied.

4. Amendment
The parties to this Agreement concur that any variation to the terms of the
Agreement shall be agreed in writing.
The other party must acknowledge any submissions under this clause within
21 days indicating:
(a)   acceptance of the submission, in which case each party must sign and
      date the submission, which will vary the Agreement; or
(b)   a desire to renegotiate the submission; or
(c)   reasons for rejection of the submission.

5. Appointment of Powers of Authorised Representatives
The parties to the Agreement shall appoint an Authorised Representative to
act on their respective behalf with the full capacity to perform any function with
respect to the Agreement including the capacity to approve any amendment
under clause 4 of this Agreement. Whenever an Authorised Representative is
appointed by either party, that party shall give notice of such appointment,
including the details specified in Schedule 1.

6. Breach of Agreement and Termination
Failure by the supplier or installer to comply with the conditions of this
Agreement constitutes a breach of the Agreement. It is the responsibility of
(Company/Individual X) to report any breach of conditions to the Council’s
Authorised Representative.

If a supplier or installer is believed to have failed to comply with this
Agreement, the Council must serve a notice to comply on the authorised
representative identifying the failure that has occurred and requiring it to be
remedied within a reasonable period of time specified in the notice.

If the failure to comply continues after the time provided to remedy the failure
then the supplier or installer on whose authorised representative was served
with the notice is considered to have breached the Agreement.

If a breach of this Agreement occurs a supplier or installer is no longer entitled
to participate in the Immobilise Now! program or display or issue Program
Materials.

A supplier or installer who is no longer entitled to participate in the
Immobilise Now! program must not use the CAR-SAFE trade mark and must
not make a representation to any person that the supplier or installer is a
participant in the program.

(Company/Individual X) may terminate this Agreement by giving notice in
writing to the Council’s Authorised Representative—in which case termination

      CAR- SAFE – Immobilise Now! is a program of the National Motor Vehicle Theft Reduction Counci l
Created on 17/07/10
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will take effect 28 days after the Council has received the notice unless both
parties agree upon an alternative date in writing, or the notice to terminate has
been withdrawn in writing by (Company/Individual X).

7. Notices
Any notice to be given in relation to this Agreement will be in writing
addressed to the Authorised Representative specified in Schedule 1, at the
addresses identified in that schedule. A notice shall be taken to be received
five business days after the date of notice. Notices must be despatched on
the same date that they are dated by post and/or facsimile.

8. Engine Immobiliser Standards
A basic complying device provided by a supplier and fitted by an installer
under the Immobilise Now! program will comply with the Australian/New
Zealand Standard 4601:1999 and incorporate the following minimum features:
   Passive arming immobilisation
   2 circuit immobilisation (ignition, fuel or starter motor)
   All black wire harness
   LED status display
   Deactivation by unique Code-Plug
   Digital coding with at least 10,000 variants
   Security housing for plug and socket assembly

In addition to the above features, and at the discretion of the supplier/installer,
a complying device may include:
   transponder de-activation (minimum 2,000,000 codes) in place of the
    Code-Plug; and
   on-site installation.

Additional security features or accessories can be made available at further
cost but must only be offered to the customer in accordance with clause 9 of
this Agreement relating to ―up-selling practices‖.

9. Up-Selling Practices
The installer shall ensure that a customer seeking an engine immobiliser
under the Immobilise Now! program is not subjected to undue influence by
any person under the installer’s control to upgrade to a higher specification
product or additional accessories such as alarms, intrusion detection or
remote central locking.

Notwithstanding this provision, an installer may provide objective product and
accessory information to customers and provide professional advice on the
vehicle protection and product capabilities of a complying device.

10. Vehicle suitability
Immobilise Now! aims to supply low cost Australian Standard engine
immobilisers to the greatest possible number of owners of 10 year and older
vehicles. While the installer agrees to use their best endeavours to limit the

      CAR- SAFE – Immobilise Now! is a program of the National Motor Vehicle Theft Reduction Counci l
Created on 17/07/10
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number of exclusions, the Council acknowledges that the condition and wiring
specifications of some older vehicles may render them unsuitable for the
complying devices offered by the installer, or alternatively require additional
installation time that warrants additional cost.
Where an installer determines that the condition of a vehicle precludes it from
being fitted with a complying device under the Immobilise Now! program or
may incur additional installation costs, they must fully explain the reasons for
the exclusion to the customer and the estimated fitting cost before proceeding
with the installation. The installer will record the exclusion and the reasons for
the exclusion in the installation register referred to in clause 13.
The public information material provided by the Council to potential customers
will explain the need for exceptions.

11. Suppliers’ Eligibility
Any engine immobiliser supplier will be eligible to join the program provided
that:
   The products supplied under the program have been certified by a
    recognised testing laboratory as meeting the Australian/New Zealand
    Standard 4601:1999.
   The supplier agrees to comply with this Agreement.
   The supplier negotiates a wholesale price for their products direct with
    participating installers.
   The supplier offers an industry standard warranty for the product.
   The supplier completes an application form approved by the Council.

12. Installers’ Eligibility
Any appropriately licensed auto electrical trade businesses, and auto
accessory fitters that have installation arrangements with a supplier, are
eligible to be admitted to the program provided that:
   The installer is operating a registered business under the fair trading laws
    of the jurisdiction that operates from premises with workshop facilities. If
    the business is operating in the Australian Capital Territory—the principal
    must be registered with the Director of Consumer Affairs in accordance
    with the Fair Trading Act. (Where the service operates exclusively on a
    mobile basis, the installer must nominate premises at which any records
    required to be kept under this Agreement may be inspected.)
   If the business operates in New South Wales—the installer holds the
    appropriate licence or licences under the Security Industry Act.
   All personnel undertaking installations have a minimum of 12 months
    experience in installing electronic engine immobilisers and—if the
    business operates in New South Wales—hold the appropriate licence or
    licences under the Security Industry Act.
   The installer’s installation procedures meet the requirements of
    Australian/New Zealand Standard 4601:1999 and Australian/New Zealand
    Standard 3749.2: 1997.
   The installer agrees to negotiate a wholesale price direct with participating
    suppliers.

      CAR- SAFE – Immobilise Now! is a program of the National Motor Vehicle Theft Reduction Counci l
Created on 17/07/10
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   The installer agrees to comply with any requirement specified in writing by
    the Council in relation to the display or issue of Program Materials.
   The installer agrees to comply with this Agreement.
   The installer offers an industry standard warranty for the installation work.
   The installer completes an application form approved by the Council.

13. Record keeping
Upon completing the installation of an engine immobiliser fitted under the
Immobilise Now! program, the installer must enter the details of the
installation, including the make and model of the vehicle, in a register supplied
by the Council.

Within 7 days of the end of each month the installer must forward to the
Council a summary, in an approved form, of the previous month’s
installations.

14. Compliance with Audit Requirements

The installer shall co-operate with the reasonable directions of any Auditor
appointed by the Council to examine and report on the quality of the
installation of engine immobilisers installed under the Immobilise Now
program. Such co-operation includes providing full access to any records
required to be kept under this Agreement and permitting reasonable access to
the installer’s premises to enable the Auditor to carry out his or her duties.

15. Warranties and Product Liability
The supplier or installer who is a party to this Agreement warrants that all
products and all installation workmanship are protected by industry standard
warranties and as a minimum shall cover all parts and/or labour for a period of
not less than two years from date of installation in respect to their own
products or services. They further agree that the said warranties are in
addition to any consumer rights available under the trade practice or fair-
trading legislation of the jurisdiction.
The supplier or installer who is a party to this Agreement warrants that the
entity under which they carry out their business or trade has a current
certificate of public liability insurance.
The supplier or installer who is a party to this Agreement agrees to indemnify
the Council, its members and officers against any and all claims made by any
person in respect to product liability or performance, or standard of
workmanship used in installing the device.

16. Acknowledging Involvement in Program
The supplier or installer who is a party to this Agreement is entitled to state in
their own product advertising or literature that they are an approved
participant in the CAR-SAFE – Immobilise Now! program and to incorporate
the CAR-SAFE – Immobilise Now! logo into their own material subject to the
following conditions:



      CAR- SAFE – Immobilise Now! is a program of the National Motor Vehicle Theft Reduction Counci l
Created on 17/07/10
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   All acknowledgments relate to the supplier’s or installer’s immobiliser
    products or installation services that comply with this Agreement only.
   All references to the Council will be limited to a form of words approved by
    the Council.
   The Council has the right of veto over the representation or use of the logo
    if it deems such use inappropriate.
   The acknowledgment or use of logo will cease if the supplier or installer
    ceases to be a party to this Agreement for any reason.

17. Resolving Customer Complaints
A major priority for the Immobilise Now! program is to instil a high degree of
confidence in both the program and engine immobilisers within the motoring
public. For these reasons any complaints that arise from customer’s
involvement in the program must be dealt with in a timely and fair manner.
It would be expected that in the first instance the installer would endeavour to
resolve any issues to the customer’s satisfaction. Where the complaint
involves workmanship and/or product performance, the installer and the
supplier will use their best efforts to resolve the issue under the terms and
conditions of their warranty and other legal responsibilities.
Where a workmanship or product performance issue cannot be resolved to
the satisfaction of all parties or where the complaint involves a program
related issue such as suitability of a vehicle for a program product or a breach
of the Agreement, the complaint will be referred to the Motor
Trades’ Association of the applicable jurisdiction, or the Council as the case
may be, for facilitation of a resolution.
Nothing in this Agreement is intended to limit the customer’s right to have their
complaint resolved under the fair trading laws of the jurisdiction.




      CAR- SAFE – Immobilise Now! is a program of the National Motor Vehicle Theft Reduction Counci l
Created on 17/07/10
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18. General

The parties to this Agreement acknowledge that the Council may enter into
agreements with one or more suppliers and installers the terms and
conditions of which may vary from those imposed by this Agreement. No
representations have been made about the terms of any other agreement if
made.


The laws applicable in the State of Victoria govern this Agreement.

EXECUTED AS AN AGREEMENT in two counterparts.


Signed:_______________                                        Signed:______________
       Executive Director
For and on behalf of the                                      For and on behalf of
National Motor Vehicle                                        (Company or individual)
Theft Reduction Council Inc.
__/__/20                                                      __/__/20




      CAR- SAFE – Immobilise Now! is a program of the National Motor Vehicle Theft Reduction Counci l
Created on 17/07/10
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              SCHEDULE 1:                  AUTHORISED REPRESENTATIVES

Authorised Representatives:

           National Motor Vehicle Theft                        (Company/Individual X):
           Reduction Council Inc:


           Geoff Hughes
           Project Manager

           Date Appointed:17/07/2010                           Date Appointed:
           Suite 1, 50-52 Howard Street
           NORTH MELBOURNE VIC
           3051

           Tel: 03 9348 9600
           Fax: 03 9348 9988




      CAR- SAFE – Immobilise Now! is a program of the National Motor Vehicle Theft Reduction Counci l
Created on 17/07/10

				
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Description: Sample Car Sales Agreement document sample