Terms & Conditions
Conditions of Trading
- GENERAL
(a) Any time or date for an installation is given as an estimate only, however, Metcalfe Allen Ltd (hereafter referred to as the Company) will do it’s best to honour any date given.
(b) Any delay or failure by the Company to enforce any of its rights hereunder shall not prejudice or waive any such rights.
(c) Any alteration to the system carried out by the Company after the Completion date shall be subject to the Conditions of Trading for this Agreement and shall be at the Purchaser’s expense.
(d) Any variation of this Agreement shall be enforceable only if agreed in writing and signed by, or on behalf of, the parties to it.
(e) The annual charges are based on costs ruling at the date hereof. The Company may increase any annual renewal charges at anytime prior to the
anniversary of any maintenance contract.
(f) Notices given under this Agreement Shall be by prepaid first class post to the Purchaser at the address provided and shall be deemed to have been received 48 hours after posting.
(g) Without prejudice to the generality of the provisions of this Agreement, the Company shall not be liable to the Purchaser where the carrying out of its obligations has been prevented, hindered, delayed or interfered with, directly or indirectly, by any cause or matter, beyond the immediate control of the Company.
(h) These conditions contain the whole Agreement between the Purchaser and the Company and the Purchaser acknowledges that it has not relied upon any oral or written representation made to it by the Company, its employees or its agents.
(i) The Company reserves the right to make modifications to any specification at any time prior to installation if necessitated by circumstances beyond its control or if it considers same necessary to improve the efficiency or effectiveness of the system.
(j) Completion date means the date on which the Purchaser or his Agent signs the acceptance/ handover note.
- DURATION OF AGREEMENT
This Agreement shall continue until terminated under the provisions of (a) or (b) below.
(a) Either party may terminate their Maintenance Contract with three months written notice for any audible only system or six months written notice for systems incorporating a digital communicator.
(b) If the Purchaser fails to fulfil any of its obligations hereunder, or becomes insolvent (as defined by the Insolvency Act 1986 or any amendment thereof) the Company shall be entitled to terminate the Agreement forthwith and to repossess and resell the system in lieu of monies outstanding and for this purpose the Company or its agents may enter the premises.
- RETENTION OF TITLE
Ownership of the system shall not pass to the Purchaser until it has been unconditionally paid for in full, but shall be at the Purchaser’s risk once installed at the premises.
- ASSIGNMENT
(a) The Purchaser shall not assign its rights under this Agreement without the Company’s prior written consent.
(b) The Company may transfer or assign its obligations under this Agreement, or any part of them, only to another competent party, but shall notify the Purchaser immediately in Writing.
- COMPANY’S OBLIGATIONS
(a) Where a Maintenance/ Service Agreement applies, to inspect, test and carry out any service to the CCTV system (once per annum); audible only Intruder Alarm System (once per annum); Access Control System (once per annum); Intruder Alarm System with digital communicator (twice per annum); Fire Alarm System (twice per annum); other system types not previously stated (by agreement) and remedy any fault or replace any worn or defective part of the system. The Company reserves the right to impose charges where deemed necessary.
(b) In all instances a three month labour warranty and twelve month parts guarantee applies from the date of commissioning the system.
- PURCHASER’S OBLIGATIONS
(a) To pay all charges due under the Agreement in full and without demand together with VAT at the prevailing rate.
(b) At its own expense to obtain any necessary permits or consents and comply with regulations and laws relating to the system.
(c) To operate the system only in accordance with the Company’s instructions and the equipment Manufacturers’ guidelines.
(d) Where an intruder alarm is fitted, to notify the Company in writing, the names, addresses and telephone numbers of the persons who operate the system and hold keys to the protected premises. The Company shall not be held liable for any loss or damage resulting from failure to notify.
(e) To bear the cost of any reinstatement or re-decoration required as a result of the installation, inspection, testing, adjustment, alteration, removal, servicing or use of the system unless caused by negligence of the Company or its servants.
(f) To inform the Company of any proposed alterations to the premises or their use or of any environmental change therein and to fulfil the Company’s
recommendations and bear the cost of any modifications to the system resulting from such changes or alterations.
(g) To notify the Company of any activation of the alarm system.
(h) To notify both the Local Police Force (where applicable) and the local Environmental Health Authority (where applicable) of the installation of a security system incorporating an external audible alarm within 48 hours. (The Control of Noise Order 1981 refers: Statutory Instrument 1981 No.1829).
(i) To be responsible for any emergency Police calls to the premises and any charges made as a result of any improper activation of the system and for ensuring that any external alarm bell or siren does not cause a nuisance as defined under the Control of Pollution Act 1974 or any other Statute Act or common law. A 20 minute automatic cut-out device shall be fitted to any external sounder as standard in accordance with current guidelines.
(j) To give the Company immediate notice of any fault in, or repairs required to, the system and to confirm such notice in writing.
(k) To allow access for the purpose of, installing, inspecting and maintaining the system.
- DAMAGE TO OR NEGLECT OF THE SYSTEM
(a) Where repairs or replacements to any parts of the system are required as a result of the negligence of the Purchaser, its servants or any other third party, acts of God, interruptions or fluctuations of the electricity supply, ingress of water, malicious or wilful damage, or if the Company carries out any repair or maintenance work other than in accordance, with its obligations as stated, the Purchaser shall be, charged in accordance with the Company’s standard scale of charges for all parts and labour required and any expenses incurred.
(b) The Purchaser shall be responsible for insurance of the system against all risks and is advised to include those included in 7(a).
- LIMITATION OF LIABILITY
(a) The Company cannot guarantee that the system is impregnable or that entry to the premises will not be gained. Installation of the system should be regarded as a means of detecting intrusion but other physical precautions should be considered to prevent unlawful entry. Installing the system does not represent a contract of insurance with the Company and the Purchaser should ensure that all necessary insurances are carried to cover him in the event that unlawful entry results in theft from, or damage to the premises.
(b) The Company shall not be liable for any loss or damage suffered by the purchaser as a result of any unauthorised entry, robbery, damage or disturbance to the premises including any loss of profit, indirect or consequential loss, damage or injury.
(c) The Company shall not be liable for any loss, damage or injury, howsoever caused, by an independent Contractor and the Purchaser shall indemnify the Company, its servants or agents in respect of any such loss or damage and against all actions demands and costs, charges or expenses in connection therewith.
(d) The purchaser shall give written notice to the Company within seven days of the occurrence of any loss and shall allow the Company and its agents appropriate opportunity to carry out any necessary investigations.
(e) The Purchaser shall indemnify the Company in respect of all costs, liabilities, damages and any other monies payable by the Company arising out of a failure by the Purchaser to fulfil its obligations hereunder.
(f) In the event that the Purchaser suffers loss or damage, for which either the Company accepts liability or for which the Company is found liable by either a competent tribunal, or a court of law, then the Company’s liability in respect of any such loss or damage shall be limited to the original costs of the installation of the system and the cost to the Purchaser of the ongoing service/ maintenance arrangements subject to the limitation of the duration of such arrangements specified in clause 2 above on the assumption that the Company terminated this agreement on the earliest date permitted by clause 2 above.