SECUREBUILD – TERMS AND CONDITIONS

 

  • “The Agreement “ means the Quotation (and the Specification referred to it) and the Acceptance together with these terms and conditions.
  • “The Company’s Equipment” means signalling and control, electrical detection devices and special items supplied by the Company, Ownership of the Company’s Equipment shall at all times remain with the Company. 2a The “Company” means SECUREBUILD
  • “The Subscriber’s Equipment” means the tube and wiring circuits, contacts, mats and other items or components other than the Company’s Equipment. Title to the Subscriber’s Equipment shall not pass to the Subscriber has paid the Company in full the Installation charge and the first annual Service charge.
  • “The System” means the Company’s Equipment in conjunction with the Subscriber’s Equipment.
  • “The Installation Date” means the date when the Installation of the System has been completed by the Company, signified by written notification which shall be conclusive evidence thereof.
  • “Contract Period” means a period of five years from Installation Date continuing thereafter from year to year until determined hereunder or on the expiration of the said period of five years or at any time thereafter by either party giving to the other not less than 12 months previous notice in writing.
  • “Annual Service Charge” means the charge payable each year to the Company in advance for the maintenance of the System and the hire of the Company’s Equipment.
  • “Maintenance Agreement” means the service contract between the Company and the Subscriber for the maintenance of the System.

 

THE SUBSCRIBER

  • Shall not sell, pledge or otherwise deal with the Company’s Equipment or part with the possession of the same or remove or permit it to be removed from the premises.
  • Subject to provisions of Clause 10 shall pay to the Company the Installation Charge of the Installation Date & subsequent Annual Service Charges on each anniversary thereof.
  • Where the completion of the Installation of the System is complete is for the installation of the telephone link by British Telecom then notwithstanding that the Installation Date has not yet fallen due the Subscriber shall upon receipt of written notification from the Company that the Installation is complete save as aforesaid pay the Company the Installation Charge.
  • Shall hire the Company’s Equipment for the contract period and insure the Company’s Equipment throughout the duration of the Contract.
  • Shall notify the company of any proposed structural alterations to the premises or any modification in the telephone installation affecting the System, and any extension to or alteration of the system, which may thereby become carried out by the Company at the expense of the Subscriber.
  • Shall notify the Company forthwith by telephone, confirming such notification by letter, of any defect appearing in the System and permit the Company to take such steps as it thinks fit to remedy such defect.
  • Shall pay for the cost of any work required to be carried out on the System or attendance by the Company at the premises which may be due to damage caused by fire, storm, tempest, dampness, misuse, accident or neglect of the System or as a result of any fault of any equipment outside the control of the Company including as a result of any equipment of British Telecom or other authority.
  • Shall pay for replacement batteries.
  • Shall in the event of the System not operating forthwith notify the Company thereof by telephone. The Company shall re-set the automatic dialling instrument in which event the Company reserves the right to make a charge for the cost of resetting.
  • Shall obtain and pay for all necessary consents for the installation of the System and 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 Agreement.
  • Shall not nor shall the Subscriber permit any other person without the prior consent of the Company in writing to re-set the automatic dialling instrument or to test, re-set or replace or in any way interfere with the System or any part therefore. If the Subscriber shall commit any breach of this Clause the subscriber shall pay for the first work or replacement necessary for the Company to execute thereafter.
  • Shall on termination of the Agreement return to the Company or permit the Company to repossess the Company’s Equipment and shall not assign or purport to assign any of its rights under this Agreement.
  • Has the right to withdraw from the Maintenance Agreement by giving 14 days written notice to the Company.

THE COMPANY

  • Shall maintain the System periodically in accordance with B.S 4737 & IEE B.S. 7671 currently in force and carry out at it’s own expense necessary repairs and replacements to the Company’s caused by ordinary deterioration and shall during the period of twelve months following the Installation Date carry out any necessary replacements to the Subscribers Equipment caused by ordinary deterioration thereof.
  • Shall be entitled to assign all or any of its rights under this Agreement and to perform any of its obligations through sub-contractors.
  • The Company’s policy is one of constant improvement & the Company reserves the right to alter the specification of any component part or parts of the System at its discretion at any time without notice. The Company also reserves the right because of difficulties in obtaining supplies, to use at its discretion equipment & materials other than specified.
  • Shall be entitled to increase the Annual Service Charge payable by the Subscriber in the event of increased costs, expenses and out goings following 30 days’ prior notification in writing to the Subscriber. See paragraph 21 for terms relating to the Subscriber’s rights to cancel.
  • Complaints – Where we cannot resolve any complaints using our own complaints procedure, as a Which? Trusted trader we use Ombudsman Services Ltd for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact Which? Trusted Traders in the first instance on 0117 981 2929.
  • The System is intended only to reduce the risks of loss of and damage to property and injury to persons in or on the premises to the extent that this is reasonably practicable by use of such equipment. The Company gives no undertaking to the Subscriber that the System may not be compromised or circumvented or that the System will prevent any loss by burglary, theft or otherwise. The Company does not guarantee that particular loss, damage or injury can or will be prevented by such use.
  1. a) The Company is not the Insurer of the premises, the property or the persons therein which the System is installed to protect. The Company’s charges are not related to the value of the premises or in the property in or on the premises, which the Subscriber alone is able to ascertain. The Company confirms and the Subscriber agrees that the Company shall not whether for negligence, breach the contract or otherwise be liable for any loss or damage to the premises or property therein or therefore caused by burglary, breaking and/or entering theft, robbery, malicious damage, riot or commotion or any unauthorised entry by reason of failure of the System to operate at all or to operate correctly, by reason of any inadequacy in the design, installation or service of the System to operate at all or to operate correctly or by any reason of any failure to transmit signals between the premises and the police howsoever caused.
  2. b) The Company shall not under any circumstances whatsoever (whether negligence, breach of contract or otherwise) be liable for any consequential loss or damage or injury.
  3. c) The Company is not responsible for the Subscribers internet or Board Band connection or set up as well as any equipment supplied by the Subscriber or warranties for any equipment supplied by the Subscriber
  4. d) The Company is not responsible for any addition labour ask for by the Subscriber other than work quoted for in writing By the Company to the Subscriber.

THE SUBSCRIBER UNDERTAKES:-

  • Upon acceptance of any quotation the subscriber shall pay 50% of the amount quoted for up front. Unless otherwise agreed in writing the remainder of the quotation is to be paid for on completion of the installation. Should the Subscriber require additional work not originally quoted for, a new quotation shall be obtained and agreed upon before any additional work commences.
    1. to give the Company forthwith notice of any occurrence which might give rise to a claim by the Subscriber:-
    2. to give the Company in writing full details of such occurrence as soon as the same can reasonably be ascertained;
    3. to allow the Company and the Company’s Insurers every facility to investigate such occurrence;
    4. To submit any claim against the Company arising out of or in connection with such occurrence in writing within thirty days thereof. Failure by the Subscriber to comply with these undertakings shall absolve the Company from any liability in connection with such occurrence (but without prejudice to any right of the Company in relation to any breach of any such undertakings).
  • Notwithstanding that work on a new installation shall have been completed the Subscriber shall not be entitled to assume that the System is protective within the agreed Specification until receipt of a written notification confirming that the installation is complete. In cases where the System requires to be repaired, whether following a fault reported by the Subscriber or discovered during routine Maintenance Inspection the Subscriber shall not be entitled to assume that the System is protective until receipt of a written notification from the Company confirming that the necessary repair has been remedied.
  • 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 signals between the Premises and the Police or any other security monitoring body and such termination shall not give rise to any claim by the Subscriber against the Company.
  • Agreement shall be terminated forthwith without notice if the Premises (including the Installation/System) shall be destroyed by fire or other catastrophe or so be substantially damaged that the Premises cannot be used by the Subscriber such termination shall not give rise to any claim by the Subscriber against the Company.
  • Upon termination of Agreement whatsoever cause or where the Company shall cease to service the System the Company shall be entitled to enter upon the Premises to remove the Company’s Equipment & any labels, signs or other such items bearing the name of the Company or any other name or insignia which connect the System with the Company.
  • The Company may forthwith by notice in writing to the Subscriber terminate this Agreement without prejudice to it’s rights to recover any sum due the Subscriber to the Company on the occurrence of any one or more of the following events:-
  1. a) If the Subscriber shall commit any breach of this Agreement.
  2. b) If the Subscriber shall be more than one week in arrears with any payment due to the Company under this Agreement.
  3. c) If the Subscriber is in arrears for more than 1 week from date of completion, unless otherwise agreed by the Company. A daily charge of 15% of the total amount owing to the Company will be incurred by the Subscriber in addition to the total owing, & shall continue until all the charges appertaining to this Agreement are paid in full to the Company.
  4. d) If the Subscriber is in arrears for more than four weeks and the Subscriber has not settled in full the total amount owing including the charges referred to in paragraph 29(c) above, the Company reserve the right to begin proceedings to obtain a court order to remove all Equipment and/or Materials that have been Installed under this Agreement from the Subscriber property.
  5. e) Where the Subscriber is a Limited Company, the liquidation, voluntary or otherwise, or insolvency of the Subscriber or the bankruptcy of any of its Directors at any time, to include in each case any composition with its or their creditors or any appointment of a Receiver over the Subscriber’s property or assets.
  6. f) Where the Subscriber is an individual if the Subscriber shall commit an act of bankruptcy or have a receiving order made against it or shall make any arrangements with its creditors or any assignment for the benefit of such creditors or if distress or execution or judgement against the Subscriber shall remain unsatisfied for more than 14 days.
  7. No terms of representation other than those embodied in this Agreement shall be binding upon the Company unless accepted by the Company in writing.
  8. All Equipment and/or Materials remain the property of the Company until fully paid by the Subscriber to the Company.
  9. On completion of the System /Installation the Subscriber will be required to pay the total amount owing to the Company unless otherwise agreed in writing by the Company.