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Terms and Conditions

Terms and Conditions

DEFINITIONS

PART I

1.

  • This Contract is between COMMAND FIRE AND SECURITY. Limited (the Company) and the customer named overleaf (the Subscriber).
  • The “CONTROL EQUIPMENT” is equipment necessary for opening, closing and testing an alarm system, and for actuating signalling equipment.
  • The “ALARM SYSTEM” consists of the detection devices, circuit equipment, control equipment and signalling equipment detailed in the Specification provided.
  1. The maintenance period under this Contract shall be for a period of three years from the date of acceptance of the contract (as certified in writing by the Company hereafter) and thereafter on an annual basis until determined by three month’s notice given by either party in writing.

TERMS OF PAYMENT

  1. Prior to installation a 50% deposit including vat will be required, and on completion the remaining 50% balance including vat of the contract value will be required, even though the monitoring may not be connected due to other parties, but in the event of any delay or default in payment, the Company may, at its option, recover and take away all equipment and / or materials whatsoever without being liable for any loss or damage. Delayed payment after the company terms may at the company’s discretion reserve the write to add an additional interest of 5% above the Bank of England base rate at time of occurrence until paid for in full. (The equipment supplied by Command Fire and Security Ltd belongs to Command Fire and Security Ltd until paid for in full.)
  • The Maintenance Charge is to be paid annually in advance, commencing on the completion date of the installation.
  • Emergency Service charges are to be paid on invoice.

SUBSCRIBER’S OBLIGATIONS

PART II

           The Subscriber:-

  1. Shall be responsible for obtaining and paying all necessary consent 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 on outside normal working hours.
  2. 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.
  3. 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.
  4. Shall pay the emergency service charge from time-to-time in force for any visits requested by the Subscriber.
  5. Is responsible for ensuring that the external alarm bell does not cause a nuisance as defined under the Control of Pollution Act 1974.

COMPANY’S OBLIGATIONS

PART III

  1. 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.
  2. The installation, commissioning and maintenance will be in accordance with the British Standards from time-to-time accepted by NACOSS and a NACOSS Certificate of Status and Competence will be issued upon the satisfactory completion of the installation of the Alarm System.
  3. The Company shall, during the subsistence of this Contract, operate an emergency service in accordance with the relevant British Standard.
  4. 12. In the event that you choose to cease the maintenance agreement Command Fire and Security will change the engineer code back to the manufacturers default code. This will be a chargeable call at the contracted rate in place for that year.

COMPANY’S LIABILITY

PART IV

  1. To carry out maintenance as referred to hereunder in accordance with PD6662 (or any other or replacement relevant British Standard).
  • The Company guarantees all equipment supplied by Command Fire and Security Ltd the competent performance of the System for a period of one year from the Completion of the installation but this is subject to the correct operation of the System by the Subscriber at all times and without any damage being permitted to or caused by the Subscriber, or by adverse weather conditions, or the failure of any other relevant utility (such as electricity or telecommunications) or anyone entering the Premises at any time (whether by consent of the Subscriber or not) other than any representative of the Company, its servants or agents in connection with any visits whether routine or otherwise or for the maintenance of the System hereunder. However, the said Guarantee shall only operate to ensure that if, notwithstanding all precautions taken by the Company and the subsequent repair and maintenance visits, the System shall fail to operate for any reason then it will be put into full working order by the Company and a charge will only apply if it is out of Warrantee of Command Fire and Security Ltd or Command Fire and Security Ltd did not supply the original equipment.  Apart from the foregoing, the Company shall have no liability in contract or tort for any loss of whatsoever description suffered by the Subscriber or anyone else by reason of any breach or alleged breach of this Agreement.
  • The Company’s aggregate liability in contract or tort for any and all matters (other than for death or personal injury) arising out of or connected with the performance of this Agreement shall not exceed the lesser of £10,000 and/or a sum calculated at 20 times the current Annual Charge in respect of any or all claims.
  • If the Subscriber wishes to increase the maximum liability accepted by the Company under sub-clause (c) above, the Subscriber may obtain from the Company a higher limit to be agreed with the Company upon payment of such additional amount (“the Excess Fee”) as the Company shall require to obtain the appropriate insurance cover for such additional liability for the Term of this Agreement.

GENERAL

PART V

  1. In the event of the Subscriber making default in the payment of any of the charges herein or committing any breach of the provisions of the Contract, the Company may in its absolute discretion immediately determine this Contract whereupon 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.

INCREASE IN ANNUAL CHARGE

  1. The Company may, at any time after the expiry of one year from the Installation Date, increase the Annual Charge by giving one month’s written notice to the Subscriber of the increase and the date from which the increase is to be effective.

FORCE MAJEURE

  1. Neither the Company nor the Subscriber will be liable for delay in performing obligations or for failure to perform obligations if the delay or failure results from any event beyond the parties’ control including, but not limited to, Act of God, war, invasion, hostilities (whether war be declared or not), civil war, riot, fire, flood, lightning, explosion, accident, industrial dispute, or other force majeure.

ASSIGNMENT

  1. This Agreement may not be assigned or otherwise transferred or encumbered by the Subscriber without the prior written consent of the Company.It may, however, be assigned by the Company without the prior consent of the Subscriber.

NOTICES

  1. Any notice required to be sent to the Subscriber shall be given by sending it through the post in a prepaid letter addressed to the Subscriber at the address given in this Agreement or any subsequent address communicated to the Company and any notice required to be sent to the Company shall be given by sending it through the post in a prepaid letter addressed to the Company at the branch address contained in this Agreement.

COMPLETE AGREEMENT

  1. The terms set out herein are the only terms of this Agreement and no other terms shall be imported or implied by reason of any printed matter or publication by the Company.
  2. This Agreement shall in all respects be construed and governed by the laws of England and nothing herein shall affect the statutory rights of the consumer.