1 `Agreement` means the Estimate (and the Specification referred to in it), the Acceptance together with these Terms and Conditions.
2 `Company` means Concept Fire and Security Solutions Limited.
3 `Security Systems` means the equipment set out in the Specification and equipment from time to time installed.
4 `Contract Period` means a period of 1 (one) year from the date of the Agreement
5 `Normal Working Hours` means the hours of 8.00 a.m. to 5.00 p.m. Monday to Friday (subject to alteration by the Company) except for Public Holidays. 6 `The `ARC` means the Alarm Receiving Centre, and `ACPO` means the Association of Chief Police Officers.
PRICES / CANCELLATION
All estimates are valid for a period of 30 days – otherwise prices are subject to those ruling on date of delivery. Price quoted do not include re-decoration. Once the estimate has been accepted by the Subscriber the Order cannot be cancelled. The client agrees that the company shall take receipt of payment for subsequent contract renewals that the client is agreeing to adhere to the terms and conditions of the contract. Should there be changes to future terms and conditions, details of these will be provided with the contract renewal and invoice.
It is assumed that access to a Subscriber`s premises will be available to the Company`s employees engaged on the installation and for the inspection and testing of the equipment at all times during normal working hours. If employees are prevented from completing all such work during normal working hours then the Company reserves the right to make a charge for the additional costs involved.
NOTIFICATION OF INTENDED WORKS
A reasonable notification period is required by the electrical contractor for all phases of work including; disconnections of existing equipment, 1st fix of any phase, 2nd fix of any phase, completion date, formal handover and end user training. A reasonable period is deemed to be a minimum of; 2 working days for minor disconnects, 5 working days for major disconnections, 5 working days for carrying out 1st or 2nd fix installation, 10 working days for completion of the project and 3 working days for handover and end user training. Where notification for completion is greater than the period required for notification of 2nd fix, the greater notification period is deemed necessary. Failure to provide notification as required above may incur additional costs to the client or contractor and a variation order would be required before commencing the work.
DAMAGE AND FAULTS CAUSED DURING BUILDING WORKS
Any damage to the existing system or installation of the new system that is as a direct or indirect result of any works undertaken by others will result in charges to repair and rectification. A variation or purchase order will be required before completing the repair or replacing damaged equipment.
NOTIFICATION OF FAULTS
The Subscriber must notify the Company immediately of any fault occurring in the equipment, the transmission and telecommunication capabilities, and the Company will repair such fault as soon as possible after receiving notification. If the company deems a delay in reporting the fault by the customer or end user with any part of the system, which results in the companies attendance being out of normal working hours then the company reserves the right to apply “Out of
Hours” hourly charge and travelling costs for the company’s attendance, superseding any contract agreement or warranty that may be in place. On reporting a fault, the client will be required to be available at the protected property for the engineer to attend within the 4 hours when requested. The customer should understand by reporting a fault that they have duty to be available for the company to attend and investigation of the fault and the company is not bound to arrange a specific
appointment and agrees to attend within 4 hours when specified. If the client or a representative for the client is not present when the company attends a charge will be raised which shall include all travelling costs and labour. Should this not be convenient, or the customer is unable to make such arrangements, the customer accepts that the fault is not of an urgent nature and that a mutually agreeable appointment will be made.
THIRD PARTY CHARGES
The Subscriber shall indemnify the Company against any charges raised by Police, Fire or other appropriate Authorities or any third party against the Company as a result of the Company providing the services.
ADDITIONAL WORK REQUIRED
Where the Estimate includes the cost of installation, this has been priced according to the standard procedure of the Company. The cost of any variation in such procedures or additional work required by the Subscriber shall be an increase in the price quoted for which an additional estimate will be given at the request of the Subscriber. In the event of delays arising in the completion of an installation due to stoppage or delays on the part of a Contractor or Sub-Contractor engaged by or on behalf of the Subscriber then the Company reserves the right to make an extra charge for the additional time involved unless otherwise agreed in writing.
All newly installed equipment is covered by a 12 month warranty period unless stated otherwise, any claim of faults or errors should be notified to the company immediately and will be under the terms of “notification of faults” as above. Failure to notify the company immediately of any faults on the warrantied equipment and continued use which may cause further faults or errors shall render this warranty null and void. If any parts covered by warranty fail under normal use, all replacement parts will be free of charge that is except for consumable extras such as batteries, fuses, monitor tubes, luminaires, lamps, and where applicable access card/tokens.
The warranty shall be null and void and does not apply to any equipment or parts that in the company’s judgement has been subject to misuse, neglect, alteration or accident, abused by machinery, equipment or any persons, been exposed to excessive pressures, acts of god, falling objects, explosions, fire, storm, tempest, lightning, dampness, radioactivity from nuclear fuel and waste radioactive toxic explosive or other hazardous properties, theft, riots, civil commotion, external forces, structural change, acts of war or where equipment has not been used in accordance with accepted or recommended design. If repairs are required but not covered by the warranty, any recommendations as to additional work or variations made in the Inspection Report will be subject to charge on a time and materials basis
1. In the event of an alarm single being received, the Company shall use its reasonable endeavours and alarm verification capabilities to establish the cause of the activation and take such reporting action as is deemed necessary.
2. In the unlikely event of Police Response being withdrawn from the System any cost associated with additional services will be met by the Subscriber.
3. The Subscriber shall at all times and without delay Inform the Company in writing of any changes in Keyholder information including codes or duress words/numbers, given one working day’s advance notice of any such changes. The Company cannot accept any liability for failure by the subscriber to provide this necessary information.
4. The Subscriber shall always and without delay inform the ARC of any changes in Police Response level, also any other monitoring changes required, in writing, by fax or e-mail to the ARC.
5. This Agreement may be terminated forthwith by the Company in writing to the Subscriber if at any time the Company shall be unable to secure or retain the connections or privileges necessary for the transmission of singles between the premises, the ARC, the Police or appropriate Authorities and such termination shall not give rise to any claim by the Subscriber against the Company.
6. This Agreement shall be terminated forthwith without notice if either the ARC apparatus of the Company or the connections are destroyed by fire or other catastrophe or so substantially damage that the Company is reasonably unable to continue its service.
If police response is required the company reserves the right to disclose data regarding the security system to the police in such format and detail as the police, monitoring station or relevant inspectorate bodies recognized by ACPO require. We are regulated by the SSAIB certification for security service providers.
TERMS OF PAYMENT
All payments for installations, alterations, changes and replacement equipment are due immediately on delivery of goods or Completion Date whichever is applicable, the company gives an extra 14 days from this date for payment to be completed. If any payment is over 30 days in arrears, we understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation [Interest] Act 1998, if we are not paid according to agreed credit terms. From the due date of payment, the Company shall not be bound to perform any of its obligations and may forthwith by notice in writing to the Subscriber terminate this Agreement without prejudice to its rights to recover any sum due hereunder. Partial invoices for works completed, upfront costs or equipment purchased, with the value at the discretion of the company, may be submitted throughout the project with payment to be made no later than 30 days from the date of invoice.
Failure to make payments may result in suspension of works until payment has been received. Should this occur, the company cannot be held liable for any losses or fines imposes as a result of the works not being completed or delays to other contractors as a result of non-payment.
MAINTENANCE CONTRACT RENEWALS
We will endeavour to ensure all maintenance contracts can continue undisrupted on the renewal date by providing the customer with a renewal invoice at the start of the third month prior to the contract expiry date for all contracts except those which are under a monitoring contract. Payment for maintenance contracts is due in advance of the renewal date. All contracts will automatically renew for the same period that they were originally registered for by the original contract date as per our invoice unless the contract has expired for a period of more than 3 months.
Renewal invoices for monitored systems are sent out at the start of the third month prior to the renewal date. This is because we require 3 months’ notice in writing to cancel the monitoring hence providing plenty of time. To ensure the monitoring can continue undisrupted on the renewal date payment is required six weeks prior to the renewal date, to ensure that payment can be made to the monitoring centre on the subscriber’s behalf. If payment has not been received by the expiry date the company reserves the right to cancel the monitoring contract accordingly and will inform the subscriber of this prior cancellation. If the subscriber’s circumstances change during the annual contract period, the company reserves the right to issue a refund if there is at least 3 months remaining on the contract and early notification is given. The refund will be based on an agreement made at the time of notification from the subscriber.
The company accepts no liability to any loss or consequences to the subscriber as a result of a failure to renew the contract prior to the expiry date. If your maintenance contract is a terms and condition of your insurance provider, please note that it is the subscriber’s responsibility to inform their insurance company of this action and maintenance contract expiry.
Where maintenance and monitoring is applicable these charges or any other recurring charge are based on costs ruling at the date hereof. At any time after the expiry of six months from the Completion Date the Company may increase its charges. All monitoring contracts will require 3 months’ notice, in writing with the intent to cancel or not renew the monitoring service. Failure to provide the required notice period will incur pro rata charges and an administration charge of £50.00 + VAT.
The company agrees to carry out preventive maintenance for the system covered by the contract and the associated costs for the inspection are inclusive within the contract. The company also agrees to offer a labour inclusive contract for the installation covered under the contract for any system faults with the system. A system fault is deemed to be an error or failure of a part that inhibits the correct or intended operation of the system. Exclusions to the labour inclusive contract are faults caused by misuse, vandalism, damage, building works, design or alteration to the system and user error.
Should a fault occur which is excluded from the contract the company reserves the right to leave a charge for the services provided by the company. The contract is a labour only contract and all parts will be chargeable. Upon request, the company will provide costs for parts prior to installation of the required replacements. Until the client has accepted the costs involved for such repairs the system may be disabled or left partially working and the company is not accountable for the any losses or costs as a result of such disconnections. During the contract period the customer agrees that the company will be the sole provider of works and services for installed system. Should a third party be found to have tampered or altered the system in any way, the contract shall become null and void and the company reserves the right to charge for any associate costs for attending or works conducted as part of the inclusive labour which may have resulted from such actions. The company will not commission or maintain any works carried out by third party contractors as part of the maintenance contract. Within the contract period, the company will retain any programming codes, passwords or configuration applications in order to provide a high level of service and maintain the system. The upon request, at the end of the contract the client can request the company attend and reset/change or provide such codes or password and the company reserves the right to make a charge for this service.
SERVICES UNDER CONTRACT
Maintenance contracts that have service visit(s) as part of their terms; the company will attempt to the best of its ability to complete the services as due. We will contract the customer shortly after the payment is received to arrange a convenient time to service the security system, an average of three separate contacts will be attempted and if no response is received a letter will be sent to notify the customer that all attempts have been made to arrange the service.
Once the letter has been received it will be the subscriber’s responsibility to contact us accordingly to arrange a convenient time for a service. Although the company will make all reasonable attempts to arrange services on behalf of the subscriber it is the responsibility of the subscriber to contact us to ensure that a service can be completed. If the customer has made no attempt to contact us to arrange the service and one is not completed during the contract period, the company does not hold full responsibility for this and thus will not issue a refund against the contract charge. If the client or a representative for the client is not present when the company attends as agreed, we reserve the right to raise a charge which shall include all travelling costs and loss of labour.
If your maintenance contract is a terms and condition of your insurance provider, please note that the company holds no responsibility for the failure to meet the subscriber’s insurance needs if a service visit is not completed as per its terms and conditions. If there are specific needs for insurance purposes it is the subscriber’s responsibility to contact us to request a service visit at a required date and any accompanying documents as required, i.e. service certificate.
DELIVERY AND INSTALLATION
The Company will endeavour to effect delivery and where applicable complete installation as soon as possible after receipt of an order but cannot accept any responsibility or liability whatsoever for any claim arising in connection with any delay in delivery or installation howsoever such delay arises. Time shall not be of the essence under this Agreement unless agreed by the Company in writing. Where the installation cannot be completed for reasons beyond the Company`s control, payment of 90% of the Sale/Installation charge shall become due and payable.
When requested by the Company, the Subscriber shall supply and fit at its own expense a suitable mains point which must comply with the Institute of Electrical Engineers Rules & Regulations. If the Subscriber requests the Company to provide this service an additional charge will be made.
RETENTION OF TITLE
Until the Subscriber has paid all sums due to the Company whether under this Agreement or otherwise the whole right, title or interest both legal and equitable in and to the System shall remain in the Company, but the System shall be at the Subscriber`s risk once installation in the premises has commenced. Without prejudice to any other rights which the Company may have, the Company may repossess, re-sell or trace any equipment or the proceeds of sale in the Subscriber`s
hands or in the hands of any trustee in bankruptcy, liquidator or receiver at any time after any payment has become due or immediately upon or after the commencement of any proceedings involving the Subscriber, for such purpose the Company servants or agents may enter the premises of the Subscriber where the Company has reason to believe any such goods are.
INSOLVENCY OF SUBSCRIBER TERMINATION
1 This clause shall apply if:-
a) any distress or execution shall be levied on
the subscriber’s assets or if the Subscriber shall make or offer to make any arrangement or composition with creditors if commit
any act of bankruptcy or an administration order shall be presented or made against the Subscriber or if the subscriber is a
limited company and any resolution or petition to wind up the same (other than for the purposes of solvent reconstruction or
amalgamation) shall be passed or served or an administration order be made or if a receiver or administrator be appointed of
the Subscriber’s assets and undertaking or any part thereof; or
b) if the subscriber shall commit any breach of this agreement
or any payment shall be overdue the company may for with by notice in writing to the subscriber determine this agreement
without prejudice to its rights to recover any sum due hereunder and the Company shall thereupon as its discretion be entitled
to terminate any other outstanding contract with the subscriber.
c) the subscriber ceases or threatens to cease to carry on
d) the Company is unable to purchase or maintain appropriate insurance cover either at all or at a cost acceptable
to the Company.
e) the Company reasonably apprehends that any of the events mentioned above is about to occur in relation
to the Subscriber or if in the opinion of the Company serious doubts arise as to the solvency of the Subscriber.
2 If this Clause applies then without prejudice to any right or remedy available to the Company:-
a) the Company shall be entitled to terminate this Agreement or suspend any performance of services hereunder without any liability to the Company;
b) any entitlement of the subscriber to use the Security System installed but not paid for in full shall terminate forthwith;
c) the Subscriber shall allow the Company to server the Security System from other property and to repossess and to resell any part thereof not paid for in full: and d) if the Security system has been installed but not paid by the Subscriber, the price therefore shall become immediately due and payable notwithstanding any agreement to the contrary reached between the Subscriber and the Company prior to any event referred to be in paragraph 1 of this clause.
3 Without prejudice to any of the company’s rights to claim damages the Subscriber will on termination or cancellation of this Agreement for whatever reason, or if the Subscriber cancels, extends or delays or purports to cancel, extend or delay the Agreement or fails to accept installation of the Security System, indemnify the Company against all loss, costs, damage or expense incurred by the Company in connection with non-performance of the Contract.
No terms, representations, additions or variation other than those embodied in the Agreement shall be binding upon the Company unless accepted by the Company in writing. Any terms or conditions contained in a Subscriber’s Order shall only be binding upon the Company in so far as they are not inconsistent with these conditions. The Agreement shall be construed in accordance with the Laws of England and Wales.