Terms & Conditions
PART 1: DEFINITIONS
(a) The “Control Equipment” is equipment necessary for opening, closing and testing an alarm system and for actuating signalling equipment.
(b) The “Alarm System” consists of the detection devices, circuit equipment and signalling equipment details in the Specification attached.
PART II: TERMS OF PAYMENT
(a) The cost of installation and the first annual Maintenance Charge shall be paid on completion and hand-over of the Alarm System. The cost of additions to, or extensions of an alarm system shall be paid on completion hereof.
(b) Emergency Service Charge is to be paid on invoice.
(c) Title to the installation shall not pass to the Subscriber until payment of all installation costs and charges have been made to the Company by the Subscriber.
PART III: SUBSCRIBER’S OBLIGATIONS
(a) Shall be responsible for obtaining and payment for all necessary consents for the installation of the Alarm System and shall give to the Company access to the premises at all reasonable times for the purpose of doing anything which the Company is entitled to do under this Contract. The Subscriber acknowledges that it may be necessary for some maintenance work to be carried out outside normal working hours.
(b) Shall not allow any person to have access to the Alarm System other than a representative of the Company bearing the Company’s warrant of access.
(c) Shall notify the Company forthwith (confirming such notice in writing) of any defect appearing in the Alarm System and shall permit the Company to take such steps as it shall consider necessary to remedy such defect.
(d) Shall pay the emergency service charge from time to time in force for any visits requested by the Subscriber as specified in part IV, section e, other than the routine maintenance visits in accordance with the British Standard from time to time accepted by the National Approval Council for Security Systems and save as otherwise herein provided.
(e) Is responsible for ensuring that the external alarm bell does not cause a nuisance as defined under the Control of Pollution Act 1974. Arrangements should be made to fit an automatic timing device to limit bell noise to 20 minutes with the knowledge of any insurer concerned or to have two keyholders available within this time under any circumstances.
PART IV: COMPANY’S OBLIGATIONS
(a) All works carried out by the Company shall be in accordance with the terms of this Contract. If the Subscriber requires any variation or addition, it must be set out in writing and will be charged for separately.
(b) Prices herein are based upon costs ruling at the date hereof, and these charges will apply for 30 days from this date. After this it is agreed that any increase in costs of labour and/or materials shall be borne by the Subscriber and shall not give rise to any right to cancel this Contract. The Company reserves the right to revise this Contract if accepted beyond three months from date of submission.
(c) The Alarm System shall be guaranteed for one year from the date of completion of installation for free replacement of parts provided that no fault will be remedied which arises through negligence or wilful act of the Subscriber, his servants or his agents.
(d) The installation, commissioning and maintenance will be in accordance with the relevant current British Standards and a CertBody Certificate of Compliance will be issued upon the satisfactory completion of the Alarm System as laid down by CertBody.
(e) The Company shall not be liable to repair or replace any part of the system damaged or lost for any reason including without prejudice to the foregoing damage due to or loss due to attempted burglary, fire, flood, riot, lightning storms, power surges, electromagnetic radiation, civil commotion, strikes or lockouts, accidents or misuse including structural alteration, moisture, dampness, chemically composed paints or distempers, or the act of any person other than an employee of the Company.
(f) The Company shall during the subsistence of the Contract operate an emergency service in accordance with the relevant British Standard.
PART V: COMPANY’S LIABILITY
(a) The Company has no special knowledge of the nature and value of the contents of the premises in which the Alarm System is to be installed or of the nature of the risks to which the premises and their contents will from time to time be exposed. The Company therefore limits its liability as set out below.
(b) Although the Alarm System is designed to reduce the risks of loss and/or damage the Company does not represent or warrant that the system may not be neutralised, circumvented or otherwise rendered ineffective by intruders or other unauthorised persons and in such event no liability shall attach to the Company in respect of any loss or damage sustained by the Subscriber howsoever caused.
(c) The Company shall not be liable in respect of any loss or damage sustained by the Subscriber arising from burglary, theft, robbery, breaking and entering, malicious damage, riot or commotion or any unauthorised entry where the same is due to the failure of the system to function or to function correctly or to any inadequacy in the design, installation or construction of the system howsoever caused nor shall the Company be liable in respect of consequential or financial loss or damage howsoever caused.
(d) In the case of a consumer transaction these terms and conditions are not intended to prejudice any terms implied by statue as to the quality of fitness as to any particular purpose of any goods and shall be of no effect in such transaction if in consistent herewith.
PART VI : GENERAL
(a) This Contract is initially for a period of three years from the date of completion. Thereafter it is on an annual basis until determined by three months notice given by either party in writing. If the Subscriber is vacating the premises, thirty day’s prior notice in writing shall be given to the Company.
(b) The Maintenance Charge is based on costs ruling at the date hereof. The Company may increase this charge at any time after the period of twelve months from the completion of the Alarm System.
(c) Notwithstanding Condition 2 hereof, the Company reserves the right to require payment of 50 per cent of the installation price prior to commencement of the installation.
(d) In the event of the Subscriber making default in payment of any charges herein or committing any breach of the provisions of this Contract the Company may in its absolute discretion immediately determine this Contract where upon all obligations and liability on the part of the Company hereunder shall immediately cease without prejudice to any right of action or remedy of the Company to recover any sum due or owing under the terms of this Contract at the date of such determination.
(e) If the Subscriber signs this Contract and subsequently wishes to cancel it the Company may in its sole discretion accept such cancellation whereupon a cancellation charge shall become payable immediately by the Subscriber at the rate of 25% of the total installation price.
(f) The terms set out herein are the only terms of this Contract and no other terms shall be imported or implied by reason of any printed or publication by the Company.
(g) The Contract may be determined without notice if the Subscriber shall commit an act of bankruptcy or have a receiving order made against him or enter into any arrangement with his creditors.
(h) The Company shall be entitled to assign all or any of its rights or obligations under this Agreement and to perform any of its obligations through subcontractors.
(i) The Company shall not be under any liability whatsoever to the Subscriber for failure to install, commission, maintain or repair the system or any part hereof or to carry out other work flood, explosion, accident, theft, shortage of materials, delay or default of subcontractors or supplies, strike, lockout or trade dispute (whether of the Company’s employees or other parties), civil disturbance, climatic conditions, acts of national or local government or other authorities, interruption of usual supply sources or of manufacturing or transportation or other facilities, or any other event or circumstances whatsoever (whether or not of the same or similar kind of these enumerated) beyond the Company’s reasonable control.