Terms & Conditions
1) This Agreement is for the provision, installation and maintenance of a Wireless RF or Wired Intruder/Fire/Access Control or CCTV System and or Electrical Installation (hereinafter referred to as the ‘System’) by Holt Alarms & Electrical Contractors Limited (hereinafter referred to as the ‘Company’).
2) The ‘Customer’ is the person as detailed in the ‘Customer Name’ section of this Agreement
3) Acceptance of this Agreement is indicated by a signature or other means such as a purchase order or providing an e-mail or a letter of intent for the work to be carried out.
4) If the person accepting this Agreement is not the ‘Customer’ referred to in this Agreement, they confirm by accepting this Agreement that they are authorized To act on behalf of the ‘Customer’ and are authorized to accept these Terms & Conditions on their behalf.
5) The ‘Customer’ assumes all risks in respect of the system and all component parts upon delivery to the customer’s premises and shall insure to the full value thereof against all normal risks.
6) The ‘Customer’ should insure against all likely risks and all property and valuables against theft and destruction and include the system against damage by Fire, Storm, Flood and Willful Acts and to have the proposal approved or accepted by their insurance company knowing the extent of such potential loss.
7) Title of all goods sold to the ‘Customer’ shall remain with the ‘Company’ until payment for all charges has been received in full. In the event of termination of the Agreement prior to such payment, the ‘Company’ may repossess and/or charge for the all work including the Installation of the System or any part thereof.
8) The ‘Customer’ has an obligation to inform the ‘Company’ of any hazardous materials, working conditions, operations or processes on site with particular attention to the Health and Safety Act 1974, Construction Regulations 1994 and Control of Asbestos Work Regulations 1994. The ‘Company’ reserves the right to withdraw employees from site if any significant hazard becomes apparent, and to make additional charges for interruption to programmed work.
9) All prices quoted are valid for a period of thirty days from the date of the agreement and are based upon the layout of the premises as seen at the time of the survey, the equipment as detailed in the Equipment Schedule and the content of the enclosed Proposal. Variations may alter the price quoted.
10) The ‘Customer’ shall notify the ‘Company’ a minimum of 14 days prior to any proposed structural alterations to the premises and the ‘Company’ reserves the right to alter or amend the ‘System’ should this become necessary, at the ‘Customer’s’ expense.
11) The ’Company’ has no special knowledge of the nature and value of the contents of the premises for which the ‘System’ has been proposed or specified, or of the nature of the risks to which the premises and their contents or occupants will or may be exposed.
12) The ‘System’ is intended only to reduce the risks, loss or damage to property and or injury to persons in or on the premises to the extent that this is reasonably practicable by the use of such equipment. No undertaking is given or implied that the ‘System’ cannot be circumvented or compromised or that the ‘System’ will prevent any loss, damage or injury.
13) It is the ‘Customer’s’ responsibility to ensure that any structural alterations, placement of stock, fixings or furniture do not detract from the field of detection of any device for which purpose It was originally intended, nor to provide a path for any undetected illegal entry where protection was formerly provided.
14) The installation charge is based upon the technicians of the ‘Company’ being afforded continuous and uninterrupted access to the premises between the hours of 8:00a.m. and 4:30p.m. Monday to Friday for both installation and ongoing maintenance of the ‘System’. Any hindrance or requirements to work during weekends or public holidays will incur additional charges at the ‘Company’s’ current rates.
15) The ‘Company’ cannot accept liability for any environmental conditions interfering with, or preventing the operation of any wireless or radio based equipment. Should the operation of any equipment prove unsuitable, the ‘Company’ reserves the right to remove the equipment and offer a refund to the value of the equipment and/or at the ‘Company’s’ discretion: offer alternatives; fit additional equipment where applicable at the ‘Company’s’ standard rates as applicable at the time of alteration.
16) The ‘Company’ will install the ‘System’ to current British Standards or Codes of Practice within a reasonable period of time after acceptance by the ‘Customer’ or as otherwise agreed by the ‘Company’ in writing, provided always that time shall not be of the essence.
17) The ‘Company’ reserves the right to withdraw employees from site if equipment and/or facilities that the ‘Customer’ has agreed to provide as part of the proposed installation are not available at the agreed time and to make additional charges for interruption to programmed work.
18) The ‘Customer’ accepts responsibility for the cost of any re-decoration made necessary by the installation or alterations to the ‘System’.
19) The ‘Company’s’ policy is one of constant improvement and the ‘Company’ reserves the right to alter the specification of any component part or parts, and to replace it, at the ‘Company’s’ discretion with a suitable piece of alternative equipment capable of the same degree of protection.
20) The ‘Company’ will inspect and test the ‘System’ either on-site or remotely, in accordance with current European Standards and warranty of the ‘System’ for an initial continuous period of no less than one year and up to three years from the date the ‘System’ is handed over to the ‘Customer’ subject to the ‘System’ being connected to a suitable telephone line and the ‘Customer’ agrees to pay directly to a network provider for the provision, line rental and all call charges while the ‘System’ is maintained.
21) If a suitable telephone line is not provided by the ‘Customer’ at the time of installation, the ‘Company’ will, at its discretion provide a routine inspection and test of the ‘System’ in accordance with current European Standards and will warranty the ‘System’ for 1 year from the date the ‘System’ is handed over to the ‘Customer’. Provision of additional visits to inspect and test and an extension of the warranty after the first year will be subject to additional charge.
22) If the telephone line connected to the ‘System’ is ceased at any time during the first 3 years after the installation of the ‘System’, all services not yet provided as part of this Agreement will be null and void and the ‘Company’ reserves the right to charge for further services provided.
23) Upon expiry of the term of the maintenance and warranty on each anniversary thereafter, the ‘Agreement Period’ may be extended for 12 months at a time although the ‘Company’ always reserves the right to review the Terms and Conditions and charges.
24) At the expiry of the term of the maintenance and warranty the ‘Customer’ will be invoice for the next period of cover and you may receive a request for access to carry out the next Routine Inspection. By allowing us access the ‘Customer’ is indicating their agreement to enter into a renewal of this Agreement for the next period of cover and to pay the invoice for this next period and any associated charges.
25) By signing this Agreement the ‘Customer’ authorizes access to the programming of the equipment by an authorized representative of the ‘Company’ at any time other than when the building is secured as indicated by the intruder alarm system or programmed system being fully or partially set.
26) The ‘Customer’ must not permit any person other than an authorized representative of the ‘Company’ to test, repair, adjust or alter any part of the ‘System’ but agrees to report to the ‘Company’ any defects or indications of failure to the ‘System’ or telephone lines as soon as reasonably practicable.
27) Equipment fitted as new will have a warranty for repair or replacement of 12 months from its installation date.
28) By accepting this Agreement, the ‘Customer’ agrees to:
a) Accept these Terms and Conditions in their entirety without reservation.
b) Make payment of a deposit of 50% of the Installation Charge in addition to any direct costs incurred regardless of the work being actually undertaken or the agreement being terminated before work is completed.
c) Make payment for work carried out during the installation upon request by the ‘Company’
d) Pay the balance & all other charges due prior to the system or part thereof being handed over.
The ‘Company’ will affect any repairs or replacements necessitated by inherent defect or by ‘fair wear and tear’ without charge for labour or materials during the term of maintenance unless;
29) The extended warranty has lapsed through non-payment, the telephone line connected to the alarm is non-operational or the equipment has been installed for a period of 10 years or longer.
30) The cost of materials and labour incurred for work carried out to repair accidental or malicious damage to the System’; or to re-set the ‘System’ after miss-operation by the ‘Customer’ or his servants / agents or a third party; or as a result of a malicious or deliberate act of intrusion or attack or in the event of a reported fault not being evident or abortive attendance or failure in services supplied by any third party are not included in this Service Agreement and are chargeable to the ‘Customer’.
31) The ‘Customer’ agrees to pay the cost of any attendance required for circumstances outside the control of the ‘Company’ such as fire, storm, flooding, other adverse weather conditions, industrial action by members of other companies, repair of damage by rodent or animal activity, or the reset or repair of the ‘System’ due to damage or infestation by animals or insects.
32) The ‘Customer’ agrees to pay all charges levied against the ‘Customer’ by Police, Fire Brigade or other services that may occur in connection with the use or activation of the ‘System’.
33) In the event of Police or Fire Authority withdrawing attendance, for whatever reason, the ‘Company’ shall not be liable for the cost of any financial arrangements the ‘Customer’ may make, for persons acting as Agents for the ‘Customer’, attending or operating the ‘System’, or for the cost of any guarding the ‘Customer’ may deem necessary or the cost of alterations and/or additions to the ‘System’ required to restore attendance.
34) The ‘Customer’ agrees to take all reasonable steps to ensure the ‘System’ causes no distress or nuisance to any third parties and accepts liability in the event of any claims made by Police, Local or other Authority or Civil Action.
35) Where an alarm receiving centre (hereinafter referred to as the ‘ARC’) monitors the ‘System’, the ‘Customer’:
1. Agrees to pay additional charges for the monitoring service where these are not included within the Installation Charge for the ‘System’.
2. Shall notify the ‘Company’, names telephone numbers and addresses of nominated Key holders in writing. Any alteration to Key holders will become effective 24 hours after receipt in normal working hours.
3. Accepts responsibility for ensuring the ‘System’ is fully set in all parts and groups as detailed in written and verbal instructions supplied by the ‘Company’ and accepts that until this is carried out activations will not be transmitted to the ‘ARC’ under normal circumstances.
36) The ‘ARC’ shall be entitled to interpret any appropriate signal received from the ‘System’ as an indication of a genuine incident taking place and, regardless of any other indications that may be received to support or counter the signal received, notify the Police or Fire Authority or any other appropriate party accordingly.
37) THE LIMITATIONS IN THE EXTENT OF COMPANY LIABILITY DO NOT AND WILL NOT AFFECT THE ‘CUSTOMERS’ STATUTORY RIGHTS WHERE THE ‘CUSTOMER’ DEALS AS A CONSUMER.
38) The potential loss or damage, which the ‘Customer’ might suffer, is likely to be disproportionate to the sums that can reasonably be charged by the ’Company’ under this agreement. Accordingly, the ‘Company’ limits its aggregate liability to the sum of £250,000 in contract or tort in respect of any one incident or series of incidents arising from a common cause in any 12-month period.
39) The ‘Company’ will consider claims for liability in respect of death or personal injury resulting from negligence of the ‘Company’ if reported within 3 months of the alleged act, omission or occurrence, and subject to the limits of indemnity of the current policy.
40) Where the ‘Customer’ deals as a consumer of products or services, the ‘Company’ will consider claims for liability within the warranty period for breach of any condition implied by, statute relating to quality or fitness for purpose if reported within 3 months of the alleged act, omission or occurrence.
41) Any claim for liability will only be considered for direct physical damage to the premises or their contents if reported within 30 days of the alleged act, omission or occurrence and only accepted in the event that such damage or loss is proven to be caused by the negligence of the ‘Company’.
42) The ‘Company’ cannot accept liability and shall not be deemed to be in breach of this Agreement for failure to perform any of its obligations by reason of Force Majeure, to include but not limited to, war or threat of war, riots, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, traffic congestion, obstruction of any road or highway, or any other cause beyond the control of the ‘Company’.
43) No liability will be accepted by the ‘Company’ for any loss in trading or profits, internal expenses or consequential loss incurred by the ‘Customer’ following any unlawful act of entry or otherwise of any person or persons in or on the premises.
44) No liability will be accepted by the ‘Company’ for any loss, damage or injury arising from the ‘Company’s’ failure to pass to the Police or Fire Authority a signal received by the ‘ARC’ from the ‘System’ by reason of a ‘Customer’ (or someone identifying himself or herself as such) advising the ‘Company’s’ ‘ARC’ operator that an alarm call was false and giving the correct code or password or the system being deactivated thus automatically cancelling a Police or Fire Authority callout.
45) The ‘Company’ accepts no liability following any loss, damage or injury caused by delays in installing the ‘System’ or any effective connection thereof.
46) No responsibility is accepted by the ‘Company’ for any loss, damage or injury arising from the failure of the ‘System’ to transmit an activation eligible for Police or Fire Authority attendance or for the activation to be categorised as eligible for Police or Fire Authority attendance arising from an unlawful act of entry or damage or otherwise by person or persons in the premises.
47) The ‘Company’ shall not be required to perform any remote transmission or monitoring services or to make any repayment to the ‘Customer’ (although it may do so at its sole discretion) if any third party shall delay the provision of or withdraw its services or facilities, or if the ‘Company’s’ ‘ARC’ shall be destroyed by fire or other catastrophe or become so substantially damaged that the ‘Company’ is not able to continue the signalling services.
48) Any notice required to be given under this Agreement shall be deemed to have been sufficiently given if properly addressed and sent by post to, in the case of the ‘Company’, its registered office, or in the case of the ‘Customer’, their last known address and shall be deemed to have been properly served at the time when in the ordinary course of transmission it would have reached its destination.
49) Notwithstanding the ‘Customer’ is fulfilling their obligations under this agreement, the ‘Customer’ may terminate this Agreement and dispense with the ‘Company’ providing any further services at any time before its full term has expired however there is no equivalent cash value for the extension of the warranty or for any routine inspection or testing that has not yet been provided and there will be no refund of monies paid.
50) Subject to giving the ‘Customer’ not less than 14 days’ notice in writing (unless it is impossible or impracticable for such notice to be given) the ‘Company’ reserves the right to terminate this Agreement and/or to withdraw all or any of its services or obligations hereunder (whether
temporarily or permanently at the absolute discretion of the ‘Company’).
51) The ‘Company’ at its discretion may terminate the agreement if any sums due to the ‘Company’ from the ‘Customer’ shall be outstanding for a period in excess of 30 days or in the event that the ‘Customer’ is in breach of any term or condition of this Agreement or any and all other
agreements of whatever nature made between the ‘Customer’ and the ‘Company’, whether or not post or pre-dating this agreement.
52) Any such termination, withdrawal or suspension of services or obligations arising under this Agreement as may occur by virtue of these provisions shall be without prejudice to the ‘Company’s’ right to reclaim any payment due from the ‘Customer’ to the ‘Company’ together with interest thereon (both after as well as before Judgment) at the rate of 8% above HSBC base rate from time to time applying.
53) This Agreement is personal to the ‘Customer’ and may not be assigned or otherwise transferred by the ‘Customer’, although the ‘Company’ at its sole discretion may be prepared to do so or to enter into a new agreement with the new occupier notwithstanding the ‘Customer’s’ obligations.