Terms & Conditions
The Company is Electronic Security Installations Ltd (ESI) being the contractor, sometimes referred to as “our” ,“we” or “us” in these Terms and Conditions. The Customer is the person whose name and address appears on the quotation, sometimes referred to as “you” or “your” in these Terms and Conditions. The Contract refers to the quotation plus these terms and conditions.
The customer is deemed to have accepted this contract when a written or verbal acceptance has been given to ESI.
i) The quoted costs may be revised if:
a) You want the work carried out more urgently than agreed.
b) You change the Specification.
c) Your Premises are in some way unsuitable for the equipment and this was not apparent from our original survey.
d) There are any other special circumstances we were not aware of when supplying our original quotation.
e) Existing wiring/equipment is found to be faulty or does not comply to the required standard.
f) Where we are taking over the maintenance of a fire alarm, we are only required to inspect part of the system during each routine inspection visit. Therefore faults on pre-existing equipment may not become apparent until12 months have elapsed from the start date. If you require a full system inspection at the start there may be an extra charge.
g) E & OE
ii) All telephone line installation, rental and call charges are the responsibility of the Customer, as are police administration fees.
iii) If you are late in paying, we may charge you interest on the amount outstanding at the rate of 4% over the base rate of Nat West Bank plc from the due date until payment is received.
iv) Work is normally carried out between 9.00am to 5.00pm Monday to Friday except statutory holidays. Requests to work outside these hours may incur additional charges.
v) Any costs for lifting/relaying carpet, blinds curtains etc. or redecoration made necessary by the installation, inspection, testing or adjustments shall be the responsibility of the customer. We will take all reasonable care of your premises.
vi) Any equipment which is not sold to the Customer shall remain the property of the Company. Any such equipment shall be defined in the quotation. We reserve the right to recover such equipment on termination of the maintenance contract.
4 COMPANY’S OBLIGATIONS
i)The installation will be completed and handed over in good working order.
ii) Under our policy of continued improvements, or in the event of non-availability of product, we reserve the right to alter the specified equipment. We will endeavour to seek your agreement should changes be required during installation.
iii) When we commission the Installation, we will explain its operation.
iv) New equipment and workmanship will be guaranteed for a period of 12 months unless otherwise specified in the quotation provided you let us know as soon as the fault occurs. We will not accept any liability for the costs of repairs or modifications unless we have first been given the opportunity to carry out such work. All work carried out under guarantee is done between 9.00am to 5.00pm Monday to Friday except statutory holidays, and access must be afforded during these hours. All out of hours work will be chargeable.
v) We will endeavour to keep to dates and times given, however they should be treated as approximations. When changes are necessary, we will give notice whenever possible.
5 CUSTOMER’S OBLIGATIONS
i)By agreeing to the Contract with us, you guarantee that you have full authority to allow the installation and no other consent is needed.
ii) You agree to give us full access to your premises to survey, install, test and service the Equipment. You also agree to provide an adequate electricity supply for the equipment to operate correctly. If our work is interrupted or delayed because of a problem with access, or the electricity supply is inadequate, we may make an extra charge
iii) You must use your best efforts to tell us the location of any concealed pipes and wires which may affect the installation.
iv) You must use your best efforts to ensure our workers’ safety and let us know about any known risks or hazardous materials at your premises.
v) You or anyone else must not interfere with, adjust, service or attempt to repair or reset the Equipment at any time.
vi) The Equipment does not belong to you until it has been paid for in full. If you do not pay the balance of the installation charge when it is due, we have the right to remove the Equipment from your Premises without notice. By signing the Contract with us, you irrevocably authorise us to enter your Premises to remove the Equipment if payment remains outstanding. You agree to take reasonable care of the Equipment on our behalf until you have paid for it. You are responsible for any equipment once it is on your site.
vii) If you cancel our Contract less than 1 wk. before installation, we may charge you for any equipment we have bought for your Premises and make a reasonable charge for damages for breach of contract.
viii) If the Equipment is connected to a telephone line, it is your responsibility to make sure that the said line is working properly and the account correctly maintained. You must notify us if you change line provider. It is your responsibility to ensure that your line provider supports monitoring. Please be aware that any work carried out on the phone lines may affect the equipment’s effectiveness.
ix) You need to notify us of any change in the layout of your Premises, as this may affect the effectiveness of the Equipment to detect fire, movement or intrusion.
x) It is your responsibility to ensure compliance with data protection law.
xii) Where a PC has been installed, the PC must not be used for any other applications. Customers who use the internet must use adequate virus protection.
xii) There may be a delay with the monitoring at the start while:
a) The telecommunication links are set up and activated.
b) The registration period set by the authorities and central station is completed satisfactorily.
c) The URN application is processed
xiii) You shall be deemed satisfied with the system unless you notify us in writing to the contrary within 7 days after completion of work.
6 MAINTENANCE, SERVICE AND MONITORING
i) The annual maintenance and remote monitoring facilities commence upon completion of the installation and continue to renew upon payment of charges presented. The minimum term is 1 year, or 3 years in the case of a fixed price agreement.
ii) Either you or ESI can terminate the agreement giving not less than 3 months’ notice provided the first 12 months has elapsed. If you terminate a fixed price agreement you will owe us an amount equal to the remaining term less 30%.
iii) If our labour or material costs increase at the renewal date we may give you 1 full calendar months’ notice of any increase in our annual monitoring and maintenance charges. This notice may be in the form of a renewal invoice. If we have increased our prices the notice period reduces to 1 month at the point of renewal
iv) In return for payment of the maintenance charge, the Company will maintain the Installation in accordance with the maintenance terms referred to in the quotation or maintenance agreement.
v) Where the installation is monitored by an Alarm Receiving Centre a maintenance agreement must exist between the Customer and ESI.
i)The Company shall not be liable for the costs of any work, repairs or replacement of Equipment which results from war, civil unrest, terrorism, computer virus, fire, electrical power surge, storm, flood, accident, neglect, misuse, malicious damage, vermin, animals, building repairs or refurbishment, decorating or customer error.
ii) Although the Installation is designed to detect or deter intrusion the Company does not represent or warrant that the installation may not be neutralised, circumvented or otherwise rendered ineffective by unauthorised persons and in such event the Company shall not be liable for any loss or damage suffered by the Customer or other unauthorised persons.
iii) Like all electronic equipment, the system could fail in exceptional circumstances and the Company cannot guarantee that it will be operational at any specific time or for any specific period.
iv) We do not know the value of your premises or its contents. The purpose of the system is not to act as an insurance policy. We accept we must make sure that the system is of satisfactory quality and meets the quotation. We accept responsibility for death or personal injury caused by our failure to take reasonable care. We accept liability for any fraud perpetrated by us. For efficacy (failure to operate), professional advice and products liability the most we will pay for loss in the aggregate is £1mil.
v) Loss of Extinguishing Gas – for the sudden, identifiable, unintended and unexpected discharge of gas the limit of our liability for any one occurrence or all occurrences from one original cause is £50k.
We are not responsible for the following:
i) Losses in relation to systems and cabling installed at your premises prior to this agreement including condition 3i (f).
ii) Losses due to the acts or negligence of others, including you.
iii) Losses due to delays, interruptions or suspensions in providing the services which we could not have reasonably prevented.
iv) Losses resulting from the police, fire brigade or other agency failing to act in accordance with emergency response.
v) Losses resulting from a signal not being transmitted to the central station for reasons beyond our control
vi) Losses due to the activation of a circuit breaker which affects the power supply to the system.
vii) Losses due to you failing to follow our recommendations for repairs or additions.
viii) Losses due to faults that you could reasonably have suspected but failed to report
i) See 6(ii). 6 (ii) 6 (iii) & 5(vii).
ii) The Company may terminate this Contract should the Customer breach any of its conditions or if the Customer is in arrears with any payments past the due date. This will not prejudice the Company’s right to reclaim the payment outstanding. In such circumstances, seven days notice of cessation of any remote monitoring will be given by the Company.
9 FORCE MAJEURE
Any failure by the Company to fulfil any of its obligations under the terms of this Contract due to reasons beyond its control shall not be considered a breach of this Contract.
10 APPLICABLE LAW
This Contract is governed by the laws of England and each party submits to the jurisdiction of the courts thereof.
Issue 7 June 2016