Terms and Conditions
(i) The “Installation” means that security or alarm system and items of associated Equipment described in the design system specification and which is the subject of this contract.
(ii) The “Installer” means the person, partnership or company, which is undertaking to install, maintain, and/or monitor the installation which is the subject of this Contract.
(iii) “Preventative Maintenance” means inspection, testing and adjustment of the Installation to confirm satisfactory operation or to identify any faulty items or processes to the Customer.
(iv) “Corrective Maintenance” means the diagnosis and repair of faults and defects, including defects discovered during Preventative Maintenance work, or as a result of an emergency call out.
(v) The “Quotation Price” is that price accepted by the Customer when signing the blue Copy of the Company’s Estimate/Specification/Contract, and is not subject to revision except by agreement in writing of both parties.
(vi) The “Maintenance Contract Price” is that payable by the Customer in the Estimate/Specification/Contract front page, and may be subject to reasonable increase, (based on the Retail Price Index or other suitable measure), on an annual basis, during the Maintenance Contract Period, to cover increases in wages, rates, travelling costs, and any other relevant prevailing factors, since the date of the Contract.
(vii) The “Maintenance Contract Period” is that period quoted in the Estimate/Specification/Contract front page and accepted by the Customer, and commences initially on the date of the completion certificate for the installation, or may commence on any anniversary of that date thereafter.
(viii) The “Customer” means any company, firm or individual agent thereof to whom the Installer’s Estimate/Specification/Contract is addressed.
(ix) “Applicable Standards” means those adopted by any approvals or regulatory organisation by which the Installer is for the time being recognised, or any modification or replacement thereof, current at the date of this Contract.
Acceptance of the Quotation includes acceptance of the following terms and conditions, as well as any which may have been added in the design system specification, which may specifically override these Terms and Conditions of trading, and will take precedence if necessary for purposes of interpretation. However, nothing that is stated or implied in these Terms and Conditions shall detract from the private consumer’s statutory rights. If you require any changes to these conditions, please make sure you ask for these to be put in writing. In that way, we can help to avoid any difficulties between ourselves.
- Basis of Quotation for Installation
(i) Installing work is to be done during normal working hours, i.e. Monday to Friday 8.00 am to 4.30 pm (statutory holidays excepted). Any extension of such hours or period directly or indirectly caused by the Customer shall entitle the Installer to charge any reasonable extra costs resulting.
(ii) Variations or additional work ordered by the Customer shall be charged on the basis or reasonable time and materials at rates and costs current at the time of such work (unless separately agreed in writing prior to the variations/additional work starting).
(iii) Unless otherwise specifically agreed, the Quotation Price does not include any Extraneous work, making good, re-decoration, carpet laying, building or carpentry
(iv) Any item of equipment not actually sold to the Customer shall be denoted as such in the System design specification, and shall be subject to separate rental and/or, maintenance terms as may be appropriate.
- Terms of Payment
Unless otherwise agreed, the customer shall pay the specified deposit on acceptance of the Estimate/Specification/Contract. The customer shall pay the outstanding balance of the Estimate/Specification/Contract on completion of the installation, according to all the terms of the Contract. The installation shall remain the property of the installer until all sums due by virtue of this paragraph have been received by the installer, but the customer shall at all times be responsible for loss and damage of the installation. This does not include loss or damage caused by FSP’s negligence.
The Installer will use its best endeavours to effect completion of the installation by the agreed completion date, but it cannot be held liable for any loss or damage resulting from delay or non-delivery due to causes beyond its control.
- Liability for Loss or Damage
(i) The installer does not know, and shall not be deemed to know, the true value of the Customer’s property or premises, and is not the insurer thereof.
(ii) Apart from death or personal injury, the aggregate liability of the Installer and its staff for any breach of contract, breach of statutory duty or negligence arising out of this contract, or presence at the Customer’s premises shall be limited to £200,000.00 for any kind of loss or damage whatsoever. The Customer shall notify the Installer of any claims within 30 days of the occurrence giving grounds for such claims.
(iii) Although the installation is designed to the best of the Installer’s skill and knowledge to reduce the risks of loss or damage, or to deter intruders, (as the case may be), the Installer does not represent or warrant that the installation may not be neutralised, circumvented or otherwise rendered ineffective by the Customer, intruders, or other unauthorised persons, and in such event, it shall not be liable for direct or indirect Loss or Damage suffered by the Customer, intruders or other unauthorised persons.
(iv) Because of previous sub-paragraphs (i) to (iii) (inclusive), the Customer acknowledges that he, she or it should effect separate insurance cover
For one year from the date of hand-over the Installer shall carry out replacement or repair of parts and rectification of faults free from charge (including call-out), and to the Applicable Standards, except for any such things made necessary by wilful or negligent act of any person (other than the Installer and its employees), or by some other cause or peril beyond the Installer’s control.
Until full payment is received as referred to in Section 4 above, every part of the installation and associated equipment shall remain the property of the installer. Nevertheless, until such payment is received, the customer is responsible for the loss and damage to the equipment. This does not include loss or damage caused by FSPs negligence.
- Installers Obligations
(i) In consideration of the Quotation price, specified and paid or to be paid to the Customer, the installer undertakes to install the Installation in accordance with the Applicable Standards adopted by the approvals or regulatory organisation by which the Installer is for the time being Recognised, to the best of its ability and that such equipment used in the Installation shall be fit for the purpose intended.
(ii) In consideration of the Maintenance Contract Price specified and paid, or to be paid by the Customer within 21 days of the date due, and annually thereafter in advance on the anniversary of that date to the Installer, the Installer will, for the duration of the Maintenance Contract Period specified, carry out maintenance inspections of the Customer’s installation, together with other services where applicable as specified in Para 9 (iv) below.
(iii) This Combined Quotation/Sale Maintenance Contract relates only to The Installation described in the system design specification which is the subject of that document, and the maintenance provisions shall only apply if agreed between Customer and Installer.
(iv) When the Contract document provides for maintenance service, the Installer agrees- subject to reasonable access to the site and installation being available, periodically to inspect, test and adjust the Installation, and to carry out all necessary maintenance thereto on the number of visits set out in the Maintenance Contract document in accordance with the Applicable Standards during normal weekday working hours, (except where otherwise stated), viz Monday to Friday 8.00am to 4.30pm, upon giving reasonable notice to the Customer of any visit for this purpose. Additional services such as various monitoring services and key holding shall also be supplied on a 24-hour basis, if included within the Maintenance Contract Price and accepted by the Customer.
- Customer Obligations
(i) The Customer agrees to pay in addition to the Quotation Price and the Maintenance Contract Price (if any) for the cost of any works from time to time required to upgrade the Installation to a state which complies with the relevant Applicable Standards.
(ii) To pay for all necessary repairs and replacements to the Installation unless these are covered by guarantees or extended guarantees of the Maintenance Contract.
(iii) Where the Installation has been installed so as to be linked with any Authority or monitoring service and where it has operated so as to register with such Authority or monitoring service, then the Customer or his agent shall immediately after being aware of the event, notify the Installer so that the Installer may reset the Installation.
(iv) Not to permit anyone (including the Customer himself), other than the Installer to test, adjust, reset or interfere with the Installation or any part thereof, except for those routine procedures which may need to be carried out by the customer for the correct use of the Installation. In the event of a breach of this provision, the Installer shall be entitled to terminate the Maintenance Contract forthwith upon its discovery.
(v) To permit the Installer’s staff and agents (and Inspectors representing any approvals or regulatory organisation by which the Installer is for the time being recognised) from time to time to have access to the Customer’s premises at all reasonable times.
(vi) Not to charge, pledge or otherwise deal with any of the Installer’s equipment or installation which has not already been sold to the Customer, nor part with possession of the same or permit it to be removed from the Customer’s premises.
(vii) To notify the Installer of any proposed structural alteration to the premises or any other modification which may affect the existing Installation or system to which it may be linked. Any extension to or alteration of the Installation which may thereby become necessary shall be carried out by the Installer at the additional expense of the Customer.
(viii) To notify the Installer immediately following the appearance of any defect in the Installation and permit the Installer to take such steps as it thinks fit to remedy such defect.
(ix) To ensure that the external alarm bell does not cause a nuisance as defined by current Noise Pollution legislation from time. Arrangements must include an automatic device, limiting bell noise to 20 minutes and for 2 key holders to be available within this time (current legislation includes London Local Authorities Act 1991, Environmental Protection Act 1990, Control of Pollution Act 1974 Scotland, Noise and Statutory Nuisance Act 1993).
(x) The customer is responsible for any ongoing costs or costs relating directly or indirectly to telecoms and is to obtain the telephone line, or the telephone company apparatus required for monitoring or remote signalling (if any) as well as other necessary facilities, consents, permits, licenses, way leaves or approvals required for installing the system. However, the installer will assist by putting the telephone company in touch with the Customer for provision of the requisite type of service. The Customer should report immediately to the installer of the connection of any equipment such as ASDL, Broadband, BACS, PDQ’s and FAX machines which may affect the operation of the installation, so that the appropriate measures can be taken, which may result in an additional cost to the customer
- Termination of Maintenance Contract
Either party may terminate the Maintenance Contract (if applicable), by not less than three months’ notice in writing to that effect to expire upon the day before any anniversary of such Maintenance Contract. In the event of such termination, the Customer shall forthwith return to the Installer any part of the Installation and any other equipment which is rented by the Customer form the Installer. The Customer shall thereafter be responsible for making his, or her own arrangements in regard to any monitoring or other continuing services which may be required, it being a condition that monitoring services will only be provided by the Installer or his agent when a current Maintenance Contract exists between the Installer and the Customer.
Even though the Contract may be terminated, the Installer, and his, her or its agents shall have the right upon reasonable notice to enter the Customer’s premises to remove any equipment belonging to the Installer and subject to reasonable disturbance only shall not be liable for any loss or damage occasioned thereby.
- Force Majeure
Any failure by the Installer to perform any of its obligations by reason of any cause beyond the control of the Installer shall be deemed not to be a breach of this Contract.
- Applicable Law
Category & Jurisdiction Where the Installation is located in Northern Ireland, the contract is governed by the laws of “Northern Ireland”
- Notice of the Right to Cancel
Please see separate contract appendix for this.