i. “the Company” means Keybury Fire & Security Ltd
ii. “the Owner” means the person or body specified in the Schedule
iii. “Agreement” means the Standard Maintenance contract and acceptance thereof incorporating these terms and conditions
iv. “the Equipment” means the equipment specified in the specification
v. “the Company’s representative(s)” shall be such person or persons who shall be authorised by and identify themselves (by means of an identity card) as Representative(s) of the Company
vi. “the Maintenance Payment” means the amount specified in the renewal invoice
vii. “the Maintenance Period” means the period of one year unless otherwise specified in the schedule
viii. “the Emergency Telephone Number” shall be the number or numbers that the Company shall from time to time advise the Owner of in writing.
ix. “ the Record” shall mean the record maintained by the Company of the installation of the Equipment and any work carried out by the Company to the Equipment.
x. “the premises” shall mean the place at which the Equipment has been installed
xi. “normal working hours” are Monday to Friday 8.30am to 5.30pm
(B) THE OWNER SHALL
i. In the event of the system having a remote signalling connection, be responsible for obtaining, repairing, maintaining and paying the rental charges for the necessary (Telecommunications Services Supplier’s Equipment) and the rectification of faults therein and the Company accepts no liability in connection therewith; and
ii. be responsible for insuring the Equipment including damage caused by lighting, storm, flood, malicious or accidental damage or act of god.
iii. Obtain and pay for all necessary consents, permissions, wayleaves or other matters required for the installation of the Equipment.
iv. Not by itself, its servants or agents or otherwise tamper, reset (except where a remote reset facility has been approved by the Company) repair, replace, modify or in any way interfere with the equipment;
v. Afford to the Company’s Representative(s) access to the premises and/or remote access via the internet to the system for the purpose of remote technical support.
vi. Be responsible for ensuring an adequate continuous 240v power supply to the Equipment
vii. Advise the Company of any change or addition to its premises or operating procedure which could affect the Equipment
(C) THE MAINTENANCE AGREEMENT
i. The Company hereby agrees that in consideration of the payment to it of the Maintenance Payment and performance of the obligations on the part of the Owner herein contained, it will maintain and service the Equipment at the Premises in accordance with the terms and conditions herein contained throughout the Maintenance Period.
ii. Where the contract is formed for an alarm or security system, such contract shall be initially for a term of 12 months. The contract to be onrunning on payment of the renewal invoice on or before its due date. The company reserve the right to alter the price at any such renewal date.
iii. At the end of the Maintenance Period shown in the schedule, the company will enter into a further maintenance agreement in such terms as it shall quote (or if none are notified in writing, on these terms) and for such a new period as shall be not less than twelve months PROVIDED ALWAYS that the Company shall have the the right to decline to enter into such new agreement if, due to information that has come to its attention or any change or addition to the Premises or to the Owner’s operation, the Company no longer considers the Equipment suitable for the owner’s purposes and the Owner declines to allow the Company, at the Owner’s cost to modify or replace the Equipment to make it so suitable. The Maintenance Agreement will continue subject to the receipt of the Maintenance Payment annually from the Owner, until either party has ended it (see clause I(i-iii)).
(D) OBLIGATIONS OF THE COMPANY
During the subsistence of the Maintenance Period the Company shall
i. Carry out all works of installation, maintenance and repair to the standards required by the National Security Inspectorate (NSI), British Standards Institute, European Standard EN50131 or any amendment thereof.
ii. At reasonable times as it sees fit (upon giving notice to the Owner) but at least once in every twelve month period (or twice in such a period in the case of Equipment with a remote signalling device and CCTV systems) carry out an inspection of the equipment during normal working hours
iii. On being advised in writing or via the Emergency Telephone number of
a. Any defect or default with the Equipment; or
b. Any activation of the Equipment
iv. Unless prevented from doing so by force majeure or act or thing beyond its reasonable control cause a representative(s) within four hours of receipt of such notice or at an agreed time to attend at the premises and carry out all necessary repair, replacement of parts and all resetting of the Equipment.
v. Cause to be attended the Emergency Telephone number twenty four hours per day every day of the year.
i. During the Maintenance Period no charge (other than the Maintenance Payment) shall be made by the Company for call out or labour to faulty equipment
ii. The Company will charge for all replacement parts used including bulbs
iii. In relation to Equipment with a remote signalling device, the Company reserves the right to charge an additional fee for resetting the Equipment including customer errors.
iv. The obligation of the Company to repair does not apply to damage or faults caused by flood, escape of water, military action, nuclear radiation, structural damage to the premises, malicious damage, accidental damage by third parties, fair wear and tear, thunder and lighting and any power supply interruption lasting more than 8 hours.
v. The Company reserve the right to charge labour plus call out to any problem not caused by faulty equipment.
(F) LIMITS ON LIABILITY
The Company shall not be responsible for the following:-
i. Any physical damage consequential or actual loss or damage suffered by the Owner of the Premises as a result of the Company’s Representative(s) not being able to attend at the Premises within the time specified in Clause D(iii) hereof, where such failure is due to force majeure, strikes, lock outs, acts of God or any other matter or thing outside the reasonable control of the Company.
ii. Any physical damage consequential or actual loss suffered by the Owner or the Premises and the Central Station, whether or not due to any act, omission or neglect by the Company or its servants, agents or Representative(s).
iii. Any physical damage, consequential or actual loss suffered by the Owner or the Premises as a result of any work carried out by the Company being proved to be unsatisfactory and inefficient or badly designed or carried out, in the light of information becoming apparent or in respect of additions to or alterations in or to the Premises, or the installation of additional goods or articles in the Premises which shall not have been notified to the Company.
iv. The system supplied and the service and maintenance given by the Company are intended to minimise the risk of the owner of suffering loss or damage for which it has been specified, by t no guarantee can be given that the system will detect or activate under all conditions. As the Company is not an insurance company and consequently because of the potential extent of any claim arising from negligence on the part of the company or from a failure of the system in comparison with the sum payable by the subscriber, the company places a limit on its liability. It is the owners responsibility to ensure adequate insurance.
v. The company’s entire liability in respect of any act or default is limited to £25,000 or 10 times the annual maintenance plus monitoring charge whichever is the less.
i. Liability of the company under this Agreement shall forthwith cease and determine if the Owner shall fail to make, within fourteen days of the same becoming due, any payment to the Company due under the terms hereofor if the Owner shall be in breach of any of its obligations hereunder.
i. The Company shall offer no refunds for early termination of an audible maintenance contract
ii. The Remote Signal maintenance contract carries a mandatory 90 day notice to terminate or payment in lieu of the same
iii. The Company shall levy an administration fee of £75 plus vat for any termination ￼￼￼￼￼￼￼￼￼￼￼￼
Fire Alarm System Terms
Keybury Fire Maintenance Agreement
1.1 “THE COMPANY” is Keybury Fire & Security Ltd.
1.2 “THE CLIENT” is the Person-Company-Institution-Body detailed overleaf for whom the Specification and Quotation has been prepared.
1.3 “THE SYSTEM” is the equipment and materials installed as described and set out in the current Specification.
1.4 “MAINTENANCE” is the periodic visit by the Company’s engineers to inspect and service the Fire System.
1.5 “SERVICE CALLS” are available on a 24-hour basis and are designed to provide our Clients with an emergency disconnection service. Service Calls should not be confused with Maintenance visits as defined above. A Service Call charge is made for a Service Call unless the System 12 month guarantee is applicable.
2. THE ESTIMATE/QUOTATION
2.1 The Company’s Estimate and Quotation is based upon the costs ruling hereof however in the event of any unforeseen increase in labour and/or materials it is agreed that such an increase shall be borne by the Client and shall not give rise to any right by the Client to cancel this Agreement.
2.2 This Estimate and Quotation is based on the Company being given unrestricted access to the Clients premises during normal working hours (9 am – 5pm Monday to Friday) and the installation of the System being carried out without delay however caused by the Client and in accordance with the Company’s working code of practice.
2.3 The Client shall advise the Company of the existence of and point out to the Company the location of concealed water, gas, electricity, telephone or other service wiring or pipes before work commences. In the absence of such advice, the Company cannot accept liability for any damage whatsoever neither can the Company be responsible for any damage caused by structural defects or similar matters inside or outside the premises.
2.4 The Company reserves the right to increase charges for Maintenance and 24 hour emergency service calls at the Company’s discretion to reflect inflationary rises.
2.5 The Client shall pay all charges levied at any time against the system or the Company by authorities such as the Fire Brigade, Police Constabulary or similar organization irrespective of the reason or cause for such charge being levied.
3. THE AGREEMENT
3.1 This agreement for the maintenance of the Company’s Systems are made on these Standard Terms and Conditions. The Client or his servant or agent or the Company or their servants or agents have no authority to add or vary these terms and conditions, unless any such addition or variation is authorised in writing by the Company. 4.2 The Company shall be entitled to transfer or assign all or any of its rights in the Agreement.
4. CLIENTS USE OF THE SYSTEM
4.1 The Client shall use and operate the System with reasonable care and in accordance with the Company’s instructions and System Operating instructions.
4.2 The Client shall not allow any person to have access to any part of the system other than a representative of the Company producing the Company’s Warrant of Access.
4.3 The Client shall not interfere with the system or its operating performance and the Company shall not be liable in any way whatsoever following interference by the Client
4.4 The Client shall report at the earliest opportunity any fault or defect in the System.
5.4 Where existing protection/wiring is to be incorporated into the system, it is on the assumption they are in good working order. Should this not be the case, any work replacing or wiring these items up to an acceptable standard will be charged for on a time, material and travelling time basis, in addition to the quotation price.
5.5 Payment of all invoices submitted by the Company shall be made within thirty days of the date of the invoice. Failure by the Client to make payment within the thirty day period shall entitle the Company to charge interest on any amount outstanding from the date of invoice until the date of full payment to the Company at a monthly rate of 5%. This interest charge on outstanding accounts shall not alter any of the Company’s other rights in the event of the Client failing to effect payment within the said thirty day period.
5.6 Failure by the Client to pay the Company any monies due under this Agreement within one month after the date of invoice or if the Client commits any other breach of the terms and conditions hereof the Company shall be entitled to terminate this Agreement by seven days notice in writing.
6. LIABILITY OF THE COMPANY
6.1 Where the Client deals with Company as a consumer the provision of Conditions (6.3) (6.4) (6.5) set out herewith do not and will not affect his/her statutory rights or remedies.
6.3 Although the 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 unauthorised persons and in such event no liability shall attach to the Company in respect of any loss or damage sustained by the Client howsoever caused. The potential extent of loss or damage which could be caused by attack on the premises, or fire is so great in proportion to the sums which can reasonably be charged by the Company for the supply and maintenance of the System and the Company has no special knowledge of the nature and the value of the property intended to be protected by the System (both building and contents).
6.4 The Client agrees that the Company shall not otherwise than through the negligence of or breach of Contract by the Company be liable for any loss of or damage to the premises or any property therein or the death or injury of any person therein caused by reason of failure of the System to operate at all or correctly due to any inadequacy in design installation or maintenance of the System or by reason of any failure to transmit signals between the premises, Alarm Receiving Centre, Fire Brigade and the Police howsoever caused where the same are to be transmitted.
6.5 Any liability of the Company through negligence or breach of contract by the Company for any such loss, damage, death or injury shall under no circumstances whatsoever exceed the original installation value of the System exclusive of Value Added Tax or an amount not exceeding £50,000, which ever is the greater. The Client agrees to indemnify the Company in respect of such liability incurred by its third parties in excess of the said total amount.
6.6 The Client must inform the Company in writing of any incident or circumstance whatsoever which gives rise to any claim whatsoever by the Client against the Company within seven days of the occurrence, the incident or circumstance. Such information must include the full details known to the Client of the date, time and circumstance and cause of any loss or damage the basis of any claim of possible damage against the Company (its servants, employees and agents) and of all damage or loss incurred or suffered by the Client or any other person. No claim will be considered unless this condition is strictly complied with, and any breach whatsoever of the Client obligations shall release the Company from its liability (if any) in this respect or arising from such incident or circumstance.
7.1 The Client shall pay the cost of the Telecoms line or connection required for operating the System and any cost required due to change of telephone numbers, change or alteration of the type of Telecoms exchange equipment or any other reason.
8. TERMINATION AND REMOVAL
8.1 This Agreement may be terminated within 72 hours from the date of order by either party giving notice in writing to the other. Any costs incurred by the Company due to cancellation shall be paid by the Client within 30 days. These costs shall be reasonably determined by the Company.
8.2 Termination by the Company may take effect by notice in writing at any time should the Client commit an act of Bankruptcy, have a Receiver appointed of its undertaking or assets or any part thereof or make arrangements with or for the benefit of its Creditors or goes into liquidation other than for the purpose of re-construction or amalgamation or is in arrear with any payment for a period of one month or more.
8. 3 ALARM TRANSMISSION SYSTEMS
The Client shall give the Company three months notice in writing of any intended termination of Contract and the Client shall permit access to the premises, protected by the System, by a representative of the Company to remove the Transmission Device.
9. RISK LOSS OR DAMAGE
9.1 Equipment installed or awaiting installation and all other property of the Company at the Clients premises shall be at the sole risk of the Client. The Client is liable to pay to the Company within 30 days the full cost of any necessary repair or replacement of such property or equipment of the Company as a result of theft, burglary, malicious damage, fire, water, storm or tempest or structural defect or any cause outside the control of the Company. The Client shall insure the same against all normal risks under a comprehensive insurance policy to the full replacement value.
10. FORCE MAJEURE
10. 1 The Company shall not be liable to the Client by means of its failure to perform any of its obligations under this agreement by any particular time or at all if such failure is due to or results from breakdown of plant apparatus, fire, explosion, accident, strike, lockout or other industrial action or any other event or cause beyond its control.