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Keyways Security Systems General Terms & Conditions

  1 DEFINITIONS

"The Alarm System" consists of detection devices, control equipment, signalling equipment and Remote Signalling Equipment specific to the operation of an NSI Intruder Alarm.
"The Central Station" is the place where Remote Signalling Devices are monitored from.
"The Company means Keyways Security Systems.
"The Customer" means any party entering into a contract with the Company who shall be deemed to contract on these Terms and Conditions.
"The Goods" means all goods and equipment supplied by the Company to the Customer (including for the avoidance of doubt the System and the Alarm System).
"The Installation Date" means the date when the installation of the System has been handed over by the Company to the Customer (evidenced by the provision of a hand over form).
"The Maintenance Service" is the service provided by the Company as described in clause (14).
"Monitoring" is the service provided by the Central Station for monitoring the Remote Signalling Device and responding accordingly.
"NS”I means the National Security Inspectorate (formerly known as NACOSS).
"The Remote Signalling Device" is a device which automatically initiates a request to a Central Station via the telephone line or Cellular network.
"The Services" means all services and installation work undertaken by the Company for the Customer.
"The System" means those Goods which require installation works undertaken by the Company for the Customer. Non-exhaustive illustrations would include the installation of: Safes, CCTV Systems, Fire Alarms, Alarm Systems, Access Control Systems and Communication systems.
"Warranty" is a service provided by the Company as described in clause (9).
 
2 MAKING THE CONTRACT
2.1 All orders are placed under these Terms and Conditions alone and any other terms and conditions inconsistent herewith are expressly excluded.
2.2 All Goods delivered and Services carried out by the Company shall be in accordance with the terms of this Contract. If the Customer requires any variation or addition, it must be set out in writing and will be charged for separately.
 
3 CANCELLATION
3.1 If the Customer subsequently wishes to cancel any contract they have signed, the Company may at its sole discretion accept such cancellation whereupon the Company shall be entitled to recover from the Customer all reasonable costs which it has incurred.
 
4 PRICE
4.1 Where prices have not been quoted in writing all prices are those ruling at the date of delivery by the Company.
4.2 Prices quoted are based upon costs ruling at the date of quotation and these charges will apply for 30 days from this date. The Company reserves the right to revise the price quoted after 30 days from the date of issue of the quotation, or where a quotation has been accepted, if delivery or installation is delayed beyond 90 days from the date of acceptance due to delay or failure on the Customer's part.
4.3 The Customer is responsible for the payment of all delivery, carriage and packing charges unless agreed to in writing by the Company. This includes car parking charges or permits required for the installation of the System.
 
5 PAYMENT
5.1 All sums become due and payable under these Terms and Conditions prior to or on the date of delivery EXCEPT THAT;
5.1.1 In respect of the supply and installation of a System the costs of installation shall be paid on completion and hand over of the System. The cost of unfinished work, additions to or extensions to a System shall be paid on completion thereof. The company reserves the right to send interim accounts should the work be carried out in stages.
5.1.2 In respect of Alarm Systems which involve a Remote Signalling Device and the cost of the device and any Monitoring charges are to be paid by the Customer in advance of the Monitoring being ordered by the Company from the Central Station and annually in advance thereafter.
5.1.3 Service Charges which are not covered by Warranty are to be paid immediately on receipt of invoice.
5.1.4 Where the Company provides the Customer with credit facilities (for which an application form is available on request), all Goods and Services supplied shall be paid for within the time limit specified by the Company. The Company may at its discretion withdraw such credit facilities.
5.2 Time for payment shall be of the essence.
5.3 The Company reserves the right to charge a single credit charge of £50.00 or interest at 3% per month on all overdue accounts, such interest deemed to accrue on a day to day basis from the due date from payment under clause 5.1.
5.4 The Purchaser shall have no right of set off, statutory or otherwise.
5.5 If the Customer (being a Company) has a petition presented for its winding up or for an administration order under the Insolvency Act 1986, or passes a resolution for voluntary winding-up otherwise than for the purpose of a bona fide amalgamation or reconstruction or compounds with its creditors, or has a receiver appointed of all or any part of its assets, or (being an individual), becomes bankrupt or insolvent, or enters into any arrangement with his creditors, or commits a material or serious breach of this Agreement (and in the case of such a breach being remediable fails to remedy it within 7 days of receiving notices to do so), or is in arrears with any payment due hereunder for a period of 28 days or more, the Company may terminate the Contract.
5.6 Notwithstanding Condition 5.1 hereof, the Company reserves the right to require payment of 50% of the cost of the installation prior to commencement of the installation of any goods.
 
6 DELIVERY
6.1 Delivery of Goods (other than Systems) will be deemed to have been effected when the Goods leave the premises of the Company, or, by prior written agreement with the Company, on handing over to the Customer at the Customer's premises.
6.2 Delivery of a System shall be deemed to take place when the Goods comprising such System have been delivered to, installed at or fixed to the Customer's premises (whichever is earlier).
6.3 Time of delivery is not of the essence.
6.4 The Company shall not be liable for any loss whatsoever or howsoever arising caused by non-delivery or late delivery.
6.5 In the event of the Goods specified for whatever reason not being available the Company reserves the right to supply alternative Goods which in the opinion of the Company are of similar operation and quality to fulfil the contract.
6.6 Where a Remote Signalling Device is incorporated in an Alarm System every endeavour will be made by the Company to ensure that delays are not incurred in providing the necessary telephone link but no responsibility will be accepted by the Company for any delays howsoever they arise.
6.7 For the purposes of payment installation will be deemed to have been completed after the issue of a hand over form to the Customer notwithstanding any work which remains to be carried out after the hand over of the System by the Company, the Customer or any third party.
 
7 RETURN OF GOODS
No returns can be accepted for credit unless previously agreed by us and an official returns reference has been issued.  A charge of 30% of invoice value or a minimum of £10 will be levied on goods “not wanted”, “incorrectly ordered”, “not required due to change of requirements” or due to duplication resulting from a “confirmation” order not being endorsed to that effect.  We must receive all goods returned under this category within thirty (30) days of the original invoice date.  You will bear all the costs of returning any goods under this category.  All items returned as faulty are liable to manufacturer’s inspection.  We cannot guarantee replacement or credit; a warranty repair may be given.
 
8 TITLE/RISK
8.1 Risk in the Goods shall pass to the Customer on delivery as defined in clause (6).
8.2 Title to any Goods shall not pass to the Customer until payment of all installation costs and other sums due from the Customer shall have been made to the Company by the Customer. Until title passes the Company will be entitled to enter onto the premises where the Goods are located to retake possession. The Goods shall not be deemed to be fixtures of any premises where they have been installed.
8.3 The remote signalling equipment remains the property of the company.
 
9 COMPANY'S LlABlLlTY/WARRANTY
9.1 Introduction
9.1.1 Nothing in Clause 8 shall be deemed to exclude or restrict the Company's liability for death or personal injury resulting from negligence.
9.1.2 Each of the sub-clauses in Clause 9 is to treated as separate and independent.
9.2 Warranty
9.2.1 The Company agrees that if any defect covered by Clause 9.2 is discovered during the period of twelve months from the date of delivery (or in respect of Systems twelve months from the installation date), the company will either repair the Goods at its own expense or, if it chooses to do so, replace them.
9.2.2 Clause 9.2 only covers defects caused by faulty design, manufacture, materials or workmanship. It does not cover defects caused by: (i) abnormal use, misuse or neglect, (ii) manufactured materials or workmanship supplied or undertaken by third parties, (iii) accidental or malicious damage, (iv) mains power failure. (v) those items covered by Force Majeure in clause (10).
9.2.3 The Warranty does not extend to: (i) the replacement or repair of consumable items such as batteries, bulbs and recording heads, (ii) any Goods and Services supplied by the Customer or any third party, (iii) environmental problems such as damp or condensation, (iv) work as a result of Monitoring telephone line failure, (v) time spent following hand over by the Company's employees instructing the Customer on the use of the System.
9.2.4 Alarm Systems covered by this Warranty include the provision of labour 24 hours a day, but the Company retains the right to charge for any work required outside the Company's normal office hours (8:30 a.m. – 5:00 p.m. Mon - Fri).
9.2.5The Customer cannot claim the benefit of this clause unless: (i) he informs the Company of the relevant defect in writing within 7 working days of discovering it; and (ii) in respect of sales from the Company's premises or Goods delivered by courier the Customer returns the Goods to the Company at the Customer's own expense.
9.2.6 The risk of damage or loss whilst the Goods are being returned will be borne by the Customer.
9.2.7 In consideration for receiving the benefit of this clause, the Customer agrees that, apart from those terms set out in Clauses 10 and 11, no other terms, conditions, warranties or in nominate terms, express or implied, statutory or otherwise, shall form part of this contract (except where the Customer deals as consumer within Section 12 of the Unfair Contract Terms Act 1977 when the terms implied by Sections 13, 14 and 15 of the Sale of Goods Act 1979 shall be implied into the contract).
9.3 Exclusion of consequential loss The Company shall not be liable for any consequential or indirect loss suffered by the Customer whether this loss arises from breach of duty in contract or tort or in any other way (including loss arising from the Company's negligence). Non-exhaustive illustrations of consequential or indirect loss would be: (i) loss of profits, (ii) loss of contracts, (iii) damage to property of the Customer or anyone else, (iv) personal injury to the Customer or anyone else (except so far as such injury is attributable to the Company's negligence).
9.4 Systems Only
9.4.1 The Company has no special knowledge of the nature and value of the contents of the premises in which the System is to be installed or of the nature of the risks to which the premises and their contents will from time to time be exposed. The Company therefore limits its liability in respect of Systems as set out below.
9.4.2 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 intruders or other unauthorised persons and in such an event no liability shall attach to the Company in respect of any loss or damage sustained by the Customer howsoever caused.
9.4.3 The Company shall not be liable in respect of any loss or damage sustained by the Customer arising from burglary, theft, robbery, breaking and entering, malicious damage, riot or commotion or any unauthorised entry where the same is due to the failure of the systems to function or to function correctly or to any inadequacy in the design installation or construction or in the system howsoever caused nor shall the Company be liable in respect of consequential or financial loss or damage howsoever caused. 
9.4.4 The Company carries full liability insurance as required, providing cover against death or personal injury resulting from the negligence of the Company or of its employees, servants or agents when acting in the course of their employment by the Company.
9.4.5 It is not commercially viable for the Company to obtain insurance to provide cover for loss or damage to the Customer's properly in the event of the non operation of the System. The reasons for this are: (i) Firstly there are many factors which combine in the provision and performance of a System. These include not only the survey and design, choice of equipment, quality control of equipment manufacturers and component reliability, but also the willingness of the Customer to pay for comprehensive or higher quality goods. (ii) Many of these factors are beyond the control of the Company, and so it is not possible for the Company to guarantee totally successful operation of a System in every eventuality. (iii) Secondly, the Company is not in a position to know the value of the contents of the premises at which the System is installed either at the Installation Date or more crucially at the date of any attempted or successful entry by any intruder.
9.4.6 In view of the factors set out in Clause (9.4.5) the cost to the Company of obtaining the insurance referred to in that clause would be prohibitive (if such insurance could be obtained at all) and this cost would have to be passed to the Customer. The Customer accepts that it is cheaper for the Customer to make his own insurance arrangements to cover from the loss or damage to the Customer's property from the premises particularly a claim under such a policy would not require the Customer to prove negligence on the part of the Company.
9.4.7 The Customer agrees that he has made such insurance arrangements and the quotation given by the Company has been made on this understanding.
9.4.8 Consequently, the Customer agrees that neither the Company nor its employees, servants, agents or sub-contractors shall be liable under any circumstances for any loss or damage either direct or indirect, arising from, (a) failure of the System to transmit signals to the Central Station from the premises, or (b) the failure to operate the local audible or visual devices, or (c) the failure of any Monitoring service provided by a third party, or (d) any other failure of the System to operate irrespective of the cause of such failure(s) be it in breach of contract between the Customer and the Company or a result of the negligence of the Company, its employees, servants, agents or sub-contractors.
 
10 FORCE MAJEURE
10.1 The Company shall not be under any liability whatsoever to the Customer for failure to install, commission, maintain or repair the Goods or Services or any part hereof or to carry out work or for delay in doing any such thing or for any other act or omission if directly or indirectly caused by or resulting from any act or omission of the Customer or his agents or any fire, lightning, flood, explosion, accident, theft, shortage of materials, delay or default of sub-contractors or suppliers, strike, lockout or trade dispute (whether of the Company's employees or other parties), civil disturbance, climatic conditions, Act of God. acts of national or local government or other authorities, interruption of usual supply sources or of manufacturing or transportation or other facilities, or any other event or circumstances whatsoever (whether or not of the same or similar kind of those enumerated) beyond the Company's reasonable control.
 
11 GENERAL
11.1 The Company shall be entitled to assign all or any of its rights or obligations under this Agreement and to perform any of its obligations through subcontractors.
11.2 The rights and remedies of the Company under the Contract shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time by the Company nor by any failure of or delay by the Company in asserting or exercising any such rights or remedies. 11.3 The Contract shall be governed by and construed in accordance with the law of England.
 
12  DATA PROTECTION ACT
Personal data given to the Company by the Customer may be held on computers operated by the Company, its agents and or any interested authorities.
 
13 SPECIAL CONDITIONS RELATING TO SYSTEMS
13.1 The Customer
13.1.1 Shall be responsible for obtaining and payment for all necessary consents for the installation of the System and shall give to the Company unimpeded access to the premises for the purpose of installation, repair, maintenance or inspection.
13.1.2 Agrees to pay the relevant telephone company such charges as may be required for the connection of the System to the telephone network and for any subsequent maintenance charges.
13.1.3 Shall not allow any person to have access to the System during the Warranty or Maintenance period other than an authorised representative of the Company.
13.1.4 Shall notify the Company forthwith (confirming such notice in writing) of any defect appearing in the System and shall permit the Company to take such steps as it shall consider necessary to remedy such defect. If in the Company's opinion to remedy the defect superior or additional equipment is required then the Customer is responsible for any additional charges resulting to this equipment.
13.1.5 Shall pay for any service charges that arise for the repair or replacement of any part of the System not covered by Warranty as set out in clauses (9) and (14) respectively, including repair/replacement of existing cables when fitting new/replacement control equipment where a compatibility issue arises.
13.1.6 Shall be responsible for the provision of a suitable electrical supply and any connection equipment required to power the System. Where the Company has included for the supply of connection equipment (e.g. a fused spur) and it is subsequently decided that in the opinion of the Company the supply is unsafe, inadequate or beyond the training of the Company's employees to work upon, then the Customer is responsible for the costs of an additional equipment or services required to provide a safe supply.
13.1.7 Shall provide without charge such electric power, heating, lighting and other services as may be necessary for the installation of the System or delivery of the Goods. This includes access equipment and any specialist or safety equipment relating to the Customer's premises or operation.
13.1.8 Do all work consequential upon the installation of the System including any redecoration or reinstatement of the Customer's premises or fittings. 
13.1.9 Give written notice to the Company of any proposals for alteration to the structure of the Customer's premises or the telephone installation which may affect the System.
13.2 The Company undertakes that: The installation, commissioning and maintenance of the Alarm System will be in accordance with the relevant current British Standards and an NSI Certificate of Compliance will be issued upon the satisfactory completion of the Alarm System as laid down by NSI (where applicable).
 
14 SYSTEM MAINTENANCE/ MONITORING FACILITIES
The System is covered by the Warranty for the period detailed in clause (9) after which the Company, at its discretion and at an additional cost, offers the option of Maintenance. In the event that a Maintenance agreement is entered into the following terms will apply:
14.1 The Maintenance Service will be provided by the Company in accordance with the requirements of NSI/ and/or British Standards. This Maintenance Service includes the cost of the preventative maintenance visits (as stated in the contract) which are normally required annually for audible Systems and biannually for Systems with Central Station Monitoring (one of which may be carried out remotely). It also includes the provision of a 24 hour call-out service but does not include the cost of any Goods or Services.
14.2 The Maintenance Service runs for a minimum period of three years for remote signalling systems and one year for all other systems from the date specified by the Company and is ongoing thereafter until terminated in writing by either party.  No refunds are given for any pre-paid third party charges.
14.6 The Company may terminate the Maintenance Agreement  or Monitoring facility in the event of any breach of the terms hereof by the Customer and in the event of any payment hereunder being unpaid for 28 days.