(a) "Agreement" means the Specification Quotation and Acceptance together with these Terms and Conditions.
(b) "Company" means Accent Security Ltd. Trading as South East Security, Sentinel House, 6 Station Approach, Hitchin, Herts, SG4 9UW. Registered address: Invision House, Wilbury Way, Hitchin, Herts, SG4 0TY.
(c) "Security system" means the equipment set out in the Specification.
(d) "Servant or Agent" means any servant or sub-contractor of the company who is concerned in the performance of the Company's obligations under this Agreement.
(e) "Installation Date" means the date on which the original Installation of the Security System shall have been completed by the Company.
(f) "Maintenance Contract" means an additional agreement between the company and the Customer to carry out routine maintenance and repairs, replacements and adjustments due to an inherent defect or ordinary deterioration thereof.
1. The Customer shall allow the Company's Servant or Agent unhindered access to the areas where the installation work is to be carried out.
2. The Customer shall bear the cost of any reinstatement or redecoration made necessary by the installation or any subsequent inspection, maintenance, alteration, removal or use of the Security System.
3. The Customer shall be responsible for obtaining at his own expense all necessary wayleaves, permits or approvals.
4. Upon acceptance of this Agreement the Customer shall pay to the Company 30% of the Installation Charge which, once works have taken place, shall not be refundable. The Balance of the Installation Charge shall be payable on the Installation Date
5. The Installation Charge is calculated on the basis that no delay will occur in the Company obtaining access to the Premises. If the expense to the Company is increased by delay in obtaining such access or by the Company carrying out the Installation outside normal working hours at the request of the Customer the Installation Charge may be increased accordingly.
6. All equipment shall remain the property of the company until paid for in full. The company reserves the right to remove or disable the equipment or any part of it, if payment is not made in full within the agreed terms.
SERVICE – If applicable
7. The Company shall for a period of one year from the Installation Date carry out a routine preventative maintenance during normal working hours in accordance with the current Standards. Policies and Legislation and carry out at the Company's expense any repairs, replacements or adjustments due to inherent defect in the Security System or ordinary deterioration thereof. Following the expiry of the said period of one year from the Installation Date any maintenance, repairs, replacements or adjustments will be the responsibility of the customer and if carried out by the Company at the Customer's request will be chargeable to the Customer on a time and material basis, unless the Contract is renewed.
8. For a period of one year from the Installation Date the Customer shall be entitled to call upon the Company for service (corrective Maintenance) at any time but the Company shall be entitled to charge the Customer on a time and materials basis where a visit occurs for any reason other than an inherent defect in the Security System or ordinary deterioration thereof. Following the expiry of the said period of one year from the Installation Date any call upon the Customer will be chargeable to the Customer on a time and material basis, unless the Contract is renewed thereafter.
9. For a period of one year from the Installation Date the Customer shall allow the Company full access to satisfy their obligations to provide routine or corrective works and not allow any person other than a Servant or Agent, to repair, service, adjust or in any way interfere with the Security System.
10. Where Remote Signalling is a part of the Installation, the Customer shall guarantee to renew the Contract for a 3-year term, renewable annually after this period unless agreed otherwise prior to the installation.
11. For a period of one year from the Contract Renewal Date the company shall carry out routine maintenance inspections as follows: Audible Only Systems 1 visit per annum; Audible/Remote Signalling Systems 2 visits per annum; CCTV Systems 2 visits per annum; Access Systems 1 visit per annum; fire Alarm Systems 2 visits per annum. During this period those conditions laid out in Clause 6 of this Contract will apply. For the period of the Maintenance Contract, the Customer shall be entitled to call upon the Company for service (corrective maintenance) at any time but the Company shall be entitled to charge the Customer on a time and materials basis where a visit occurs for any reason other than an inherent defect in the system. Contract cover shall not include for any items which may be considered ‘consumables’ such as batteries, bulbs, fuses, etc. and a nominal labour charge may be made for visits to replace such items. Furthermore, where the contract is provided on a ‘takeover’ basis and has not been covered by another contract for a period of time, parts shall not be covered for the first six months of any new contract.
12. For a period of one year from the Contract renewal Date the Company shall provide a 24 Hour Emergency Service and carry out corrective maintenance as laid out in Clause 7 in this Contract.
13. Following expiry and upon renewal of the contract for a further period, those terms may be extended and services will continue to be provided in accordance with current terms and conditions as per this document.
14. System Signalling shall at all times comply with any noise pollution regulations in force in the installation area and shall be in keeping with any environmental concerns.
15. Where remote signalling is required, the Customer shall apply for the appropriate telephone service, or may instruct the Company to do so on their behalf.
16. Where remote signalling is required, the Security System shall be designed in accordance with current Standards, Policies and Legislation.
17. The Customer shall be liable for all Telecom and Alarm Receiving Centre charges, including any calls made to Alarm Receiving Centre for the purpose of testing correct signalling and satisfying Restore Open/Close signalling requirements.
18. The Customer shall be responsible for advising the Company once installation of such telephone service has been carried out.
19. The Company shall in no way be liable at anytime for the cost of any work, repairs and renewals of the Security System resulting from damage by fire, storm, flood, accident, neglect or misuse. In addition the customer shall be liable for any reset/call charges resulting in activations due to environmental or mains interference. The Company shall in no way be liable at anytime for the cost of any replacements which shall be required as a result of legislation changes or for the renewal of equipment which is no longer manufactured and as such is deemed obsolete.
20. The Company shall not be held responsible for any changes in Standards, Policies or Legislation and the Customer shall bear the cost of any subsequent equipment upgrades required to ensure compliance and ongoing maintenance of the system.
21. Any system specification prepared by the company shall be a result of risk assessment or to comply with Insurance Requirements and is an interpretation of the Customers needs as described. The Company shall not be responsible for determining the level of protection where the Customer has provided insufficient information as to the level of risk and no responsibility is assumed in respect of any special needs allowances that might be considered in regard to the Disabilities Discrimination Act.
22. The Customer shall promptly give the company necessary access to the Premises for the purpose of installing, maintaining, inspecting and correcting system equipment thereby enabling the Company to perform its duties under this Agreement. Access shall also be allowed for the purpose of any NACOSS inspection visits which may be required.
23. If the Customer or Company wishes to terminate any Maintenance or Monitoring Contract held with this Company, notice in writing 3 months in advance shall be required by either party.
24. If the Customer shall commit any breach of this agreement or if any payment shall be more than one month in arrears the Company may forthwith give notice in writing terminating its obligations under this Agreement without prejudice to its right to recover any sum due by the Customer to the Company.